THE PEOPLE OF THE PHILIPPINE ISLANDS VS. WONG CHENG

THE PEOPLE OF THE PHILIPPINE ISLANDS VS. WONG CHENG

GR No. L-18924

October 19, 1922

FACTS:  The appellee was accused of having illegally smoked opium aboard the merchant vessel Changsa of English Nationality while said vessel was anchored in Manila Bay two and a half miles from the shores of the city.The lower court held and dismissed the case on lack of jurisdiction, hence the Attorney-General representing the appellant prayed for the revocation of the order of the Court of First Instance of Manila sustaining the demurrer.

ISSUE:   Whether or not the courts of the Philippines have jurisdiction over crime committed aboard merchant vessels anchored in jurisdiction waters of the Philippines.

RULING: In view of the precedents on cases of Schooner Exchange vs. M’Faddon and Others, United States vs. Bull, United States vs. Look Chaw and on the work of Malloy entitled “Treaties, Conventions, etc” volume 1 page 625; the court held that mere possession of opium aboard a foreign vessel in transit is not triable by courts of the Philippines but to smoke opium within our territorial limits, even though aboard a foreign vessel is a breach of the public order because it causes such drug to produce pernicious effects within our territory. Wherefore, the order appealed is revoked and the cause ordered remanded to the court of origin for further proceedings in accordance with the law, without special findings as to cost.