CASE DIGEST: US vs Look Chow, 18 Phil 573

Case Title: US vs Look Chow, 18 Phil 573

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

Facts:

Between 11 and 12 o'clock a.m. in August 19, 1909, the Port of Cebu and internal revenue agent of Cebu, respectively, went aboard the steamship Erroll to inspect and search its cargo, and found two sacks containing opium. The defendant stated freely and voluntarily that he had bought these sacks of opium in Hong Kong with the intention of selling them as contraband in Mexico or Vera Cruz, and that as his hold had already been searched several times for opium he ordered two other chinamen to keep the sack. All the evidence found properly constitutes corpus delicti.

It was established that the steamship Erroll was of English nationality, that it came from Hong Kong, and that it was bound for Mexico, via the call ports in Manila and Cebu.

Issue:

Whether or not courts of local state can exercise its jurisdiction over foreign vessels stationed in its port.

Held:

Yes. The Philippine courts have jurisdiction over the matter. The mere possession of a thing of prohibited use in these Islands, aboard a foreign vessel in transit, in any of their ports, does not, as a general rule, constitute a crime triable by the courts of this country, on account of such vessel being considered as an extension of its own nationality. However, the same rule does not apply when the article, whose use is prohibited within the Philippines, in the present case, a can of opium, is landed from the vessel upon the Philippine soil, thus committing an open violation of the penal law in force at the place of the commission of the crime. Only the court established in the said place itself has competent jurisdiction, in the absence of an agreement under an international treaty.

CASE DIGEST: US vs Ah Sing, 36 Phil 978

Case Title: US vs Ah Sing, 36 Phil 978

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

Facts:

Ah Sing is a fireman at the steamship Shun Chang, a foreign vessel which arrived in the port of Cebu from Saigon. He bought 8 cans of opium in Saigon, brought them on board and had them in his possession during the said trip. The 8 cans of opium were found in the ashes below the boiler of the steamer's engine by authorities who made a search upon anchoring on the port of Cebu. The defendant confessed that he was the owner of the opium and that he had purchased it in Saigon. He dis not confess, however, as to his purpose in buying the opium. He did not say that it was his intention to import the prohibited drug.

Issue:

Whether or not the crime of illegal importation of opium into the Philippine Islands is criminally liable in the Philippines.

Held:

Yes. As stated in the Opium Law, we expressly hold that any person who unlawfully imports or brings any prohibited drug into the Philippine Islands, when the prohibited drug is found under this person's control on a vessel which has come direct from a foreign country and is within the jurisdiction limits of the Philippines, is guilty of the crime of illegal importation of opium, unless contrary circumstances exist or the defense proves otherwise.

CASE DIGEST: US vs Bull, 15 Phil 7

Case Title: US vs Bull, 15 Phil 7

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

Facts:

On December 2, 1908, a steamship vessel engaged in the transport of animals named Stanford commanded by H.N. Bull docked in the port of Manila, Philippines. It was found that said vessel from Ampieng, Formosa carried 674 heads of cattle without providing appropriate shelter and proper suitable means for securing the animals which resulted for most of the animals to get hurt and others to have died while in transit.

This cruelty to animals is said to be contrary to Acts No. 55 and No. 275 of the Philippine Constitution. It is however contended that cases cannot be filed because neither was it said that the court sitting where the animals were disembarked would take jurisdiction, nor did it say about ships not licensed under Philippine laws, like the ships involved.

Issue:

Whether or not the court had jurisdiction over an offense committed on board a foreign ship while inside the territorial waters of the Philippines.

Held:

Yes. When the vessel comes within 3 miles from the headlines which embrace the entrance of Manila Bay, the vessel is within territorial waters and thus, the laws of the Philippines shall apply. A crime committed on board a Norwegian merchant vessel sailing to the Philippines is within the jurisdiction of the courts of the Philippines if the illegal conditions existed during the time the ship was within the territorial waters - regardless of the fact that the same conditions existed when the ship settled from the foreign port and while it was on the high seas,

In light of the above restriction, the defendant was found guilty and sentenced to pay a fine of two hundred and fifty pesos with subsidiary imprisonment in case of insolvency, and to pay the costs.