G.R. No.L-5887. December 16, 1910.
ARELLANO,
C. J.
Lesson: Crimes NOT involving a breach of public
order committed on board a public vessel is NOT triable by our courts
Laws Applicable: Art. 2 RPC, Opium Law
FACTS:
Ø Upon arrival of steamship Erroll of English nationality, that it came from Hongkong, and that it
was bound for Mexico, via the call ports of Manila and Cebu, 2 sacks of
opium where found during the inspection and search of the cargo.
o
Smaller sack of opium on the cabin
near the saloon
o
larger sack in the hold
o
Later on, there was also 4
cans of opium found on the part of the ship where the firemen habitually sleep
§ the firemen and crew of foreign vessels, pursuant to the
instructions he had from the Manila custom-house, were permitted to retain
certain amounts of opium, always provided it should not be taken shore so it
was returned
Ø 2 charges were filed against Look Chaw at the Court of First
Instance of Cebu:
o
unlawful possession of opium
o
unlawful sale of opium
Ø Look Chaw admitted that he had bought these sacks of opium, in
Hongkong 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.
Ø The court ruled that it did not lack jurisdiction, inasmuch as the
crime had been committed within its district, on the wharf of Cebu. The court
sentenced him to5 years imprisonment, to pay a fine of P10,000, with additional
subsidiary imprisonment in case of insolvencyxxx It further ordered the confiscation, in favor
of the Insular Government.
ISSUE: W/N the Philippine court has
jurisdiction.
HELD:
YES. Modified by reducing the imprisonment and the fine imposed to six
months and P1,000
·
GR: mere possession of a thing
of prohibited use in these Islands, aboard a foreign vessel in transit, in any
of their ports, does NOT constitute a crime triable by the courts of this
country, on account of such vessel being considered as an extension of its own
nationality
·
EX: when the article, whose
use is prohibited within the Philippine Islands, in the present case a can of
opium, is landed from the vessel upon Philippine soil, thus committing an open
violation of the laws of the land with respect to which, as it is a violation
of the penal law in force at the place of the commission of the crime, only the
court established in that said place itself had competent jurisdiction, in the
absence of an agreement under an international treaty.
