Pp v Look Chaw 1910

G.R. No. L-5887 December 16, 1910

THE UNITED STATES, plaintiff-appellee,
vs.
LOOK CHAW (alias LUK CHIU), defendant-appellant.

Thos. D. Aitken for appellant.
Attorney-General Villamor for appellee.

ARELLANO, C. J.:

Facts of the Case:

            On August 19, 1909, several persons, among them Messrs. Jacks and Milliron, chief of the department of the port of Cebu and internal-revenue agent of Cebu, respectively, went abroad the steamship Erroll to inspect and search its cargo. Look Chaw was found to be in possession of opium for the purpose of selling it, as contraband, in Mexico and Puerto de Vera Cruz. The said steamship came from Hongkong, and that it was bound for Mexico, via the call ports of Manila and Cebu. The defendant prayed for the dismissal of the case on the ground that the court has no jurisdiction to try for the same facts therein did not constitute a crime. The Court of First Instance ruled that it did not lack jurisdiction, inasmuch as the crime had been committed within its district, on the wharf of Cebu. The defendant appealed to the Supreme Court.

Issue: Whether or not the courts of the Philippines have jurisdiction to try the said case.

Held:

       No. Mere possession of opium aboard a foreign merchant vessel in transit is not triable in Philippine courts and therefore cannot be tried under our jurisdiction. But when the tins of opium are landed from the vessel on Philippine soil, our courts acquire 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. All other aspects were affirmed with the cost of this instance against the appellant.