THE UNITED STATES VS. LOOK CHAW

THE UNITED STATES VS. LOOK CHAW

GR No. L-5887

December 16, 1910

FACTS: Defendant Chaw was found in possession of two sacks of opium on board the steamship Errol of English Nationality departed in Hongkong bound for Mexico, via the call ports of Manila and Cebu. He stated, freely and voluntarily that the contraband belonged to him but prayed for the dismissal of the case on the grounds that the court has no jurisdiction to try the same and facts therein did not constitute a crime. The court of First Instance of Cebu ruled that it did not lack jurisdiction in as much as the crime had been committed within its district, on the wharf of Cebu. Hence, the defendant appealed to Supreme Court.

ISSUE:   Whether or not the courts of the Philippineshave jurisdiction to try unlawful possession of opium on a foreign vessel and unlawful sale of opium on Philippine soil.

RULING: The court ruled that on the account of foreign vessel being an extension of its own nationality, mere possession of thing of prohibited use in Philippine Islands does not constitute a crime and therefore not triable by the courts in the Philippines. However, in the case at bar, the can of opium landed from the vessel upon Philippine soil is an open violation of the laws of the land, and therefore as it is a violation of the penal law in force at the place of commission of the crime, only the court established in the said place had competent jurisdiction, in the absence of an agreement under an international treaty. Therefore, imprisonment and fine were reduced from 5 years to six months and 10,000 to 1,000 respectively. Other aspects were affirmed in toto with the cost of this instance against the appellant.