CASE DIGEST: People vs Wong Cheng, 46 Phil 729

Case Title: People vs Wong Cheng, 46 Phil 729

Subject Matter: Applicability of Art. 2 of the Revised Penal Code

Facts:

The appellant, in representation of the Attorney General, filed an appeal that urges the revocation of a demurrer sustained by the Court of First Instance of Manila presented by the defendant. The defendant, accused of having illegally smoked opium aboard the merchant vessel Changsa of English nationality while the said vessel was anchored in Manila Bay, two and a half miles from the shores of the city. In the said demurrer, the defendant contended the lack of jurisdiction of the lower court of the said crime, which resulted to the dismissal of the case.

Issue:

Whether or not the Philippine courts have jurisdiction over the crime committed aboard merchant vessels anchored in our jurisdictional waters.

Held:

Yes. The crime in the case at bar was committed in our internal waters thus the Philippine courts have a right of jurisdiction over the said offense. The Court said that having the opium smoked within our territorial waters even though aboard a foreign merchant ship is a breach of the public order because it causes such drugs to produce pernicious effects within our territory. Therefore, the demurrer is revoked and the Court ordered further proceedings.