The appellee Wong Cheng was accused of illegally smoking opium aboard a merchant vessel anchored in Manila Bay within Philippine territorial waters. The lower court dismissed the case for lack of jurisdiction. The Supreme Court held that Philippine courts have jurisdiction over crimes committed aboard merchant vessels within Philippine waters. Specifically, smoking opium within Philippine territory is a breach of public order, even if aboard a foreign vessel, as it produces harmful effects within the Philippines. The Court therefore revoked the lower court's order and remanded the case.
The appellee Wong Cheng was accused of illegally smoking opium aboard a merchant vessel anchored in Manila Bay within Philippine territorial waters. The lower court dismissed the case for lack of jurisdiction. The Supreme Court held that Philippine courts have jurisdiction over crimes committed aboard merchant vessels within Philippine waters. Specifically, smoking opium within Philippine territory is a breach of public order, even if aboard a foreign vessel, as it produces harmful effects within the Philippines. The Court therefore revoked the lower court's order and remanded the case.
The appellee Wong Cheng was accused of illegally smoking opium aboard a merchant vessel anchored in Manila Bay within Philippine territorial waters. The lower court dismissed the case for lack of jurisdiction. The Supreme Court held that Philippine courts have jurisdiction over crimes committed aboard merchant vessels within Philippine waters. Specifically, smoking opium within Philippine territory is a breach of public order, even if aboard a foreign vessel, as it produces harmful effects within the Philippines. The Court therefore revoked the lower court's order and remanded the case.
The appellee Wong Cheng was accused of illegally smoking opium aboard a merchant vessel anchored in Manila Bay within Philippine territorial waters. The lower court dismissed the case for lack of jurisdiction. The Supreme Court held that Philippine courts have jurisdiction over crimes committed aboard merchant vessels within Philippine waters. Specifically, smoking opium within Philippine territory is a breach of public order, even if aboard a foreign vessel, as it produces harmful effects within the Philippines. The Court therefore revoked the lower court's order and remanded the case.
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THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellant, vs.
WONG CHENG (alias WONG CHUN), defendant-appellee.
Facts: The appellee is 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.
Issue: WON the courts of the Philippines have jurisdiction over crime involved, committed aboard merchant vessels anchored in our jurisdiction waters.
Held:
There are two fundamental rules on this particular matter in connection with International Law; to wit, the French rule, according to which crimes committed aboard a foreign merchant vessels should not be prosecuted in the courts of the country within whose territorial jurisdiction they were committed, unless their commission affects the peace and security of the territory; and the English rule, based on the territorial principle and followed in the United States, according to which, crimes perpetrated under such circumstances are in general triable in the courts of the country within territory they were committed. Of this two rules, it is the last one that obtains in this jurisdiction, because at present the theories and jurisprudence prevailing in the United States on this matter are authority in the Philippines which is now a territory of the United States.
No court of the Philippine Islands had jurisdiction over an offense or crime committed on the high seas or within the territorial waters of any other country, but when she came within three miles of a line drawn from the headlands, which embrace the entrance to Manila Bay, she was within territorial waters, and a new set of principles became applicable. The ship and her crew were then subject to the jurisdiction of the territorial sovereign subject to such limitations as have been conceded by that sovereignty through the proper political agency.
We have seen that the mere possession of opium aboard a foreign vessel in transit was held by this court not triable by or courts, because it being the primary object of our Opium Law to protect the inhabitants of the Philippines against the disastrous effects entailed by the use of this drug, its mere possession in such a ship, without being used in our territory, does not being about in the said territory those effects that our statute contemplates avoiding. Hence such a mere possession is not considered a disturbance of the public order.
But to smoke opium within our territorial limits, even though aboard a foreign merchant ship, is certainly a breach of the public order here established, because it causes such drug to produce its pernicious effects within our territory. It seriously contravenes the purpose that our Legislature has in mind in enacting the aforesaid repressive statute. Moreover, as the Attorney-General aptly observes, that the idea of a person smoking opium securely on board a foreign vessel at anchor in the port of Manila is in open defiance of the local authorities, who are impotent to lay hands on him, is simply subversive of public order.
The order appealed from is revoked and the cause ordered remanded to the court of origin for further proceedings in accordance with law, without special findings as to costs.
Wong Cheng, 46 Phil. 729
G.R. No.L-18924 October 19, 1922 ROMUALDEZ, J.
FACTS: · appellee is 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. · Lower court dismissed the case
ISSUE: W/N the courts of the Philippines have jurisdiction over crime committed aboard merchant vessels anchored in our jurisdiction waters
HELD: The order appealed from is revoked and the cause ordered remanded to the court of origin for further proceedings in accordance with law, without special findings as to costs. YES. · 2 fundamental rules on this particular matter in connection with International Law 1. French rule-according to which crimes committed aboard a foreign merchant vessels should not be prosecuted in the courts of the country within whose territorial jurisdiction they were committed UNLESS: their commission affects the peace and security of the territory 2. English rule -based on the territorial principle and followed in the United States -according to which crimes perpetrated under such circumstances are in general triable in the courts of the country within territory they were committed.
As to whether the United States has ever consented by treaty or otherwise to renouncing such jurisdiction or a part thereof, we find nothing to this effect so far as England is concerned, to which nation the ship where the crime in question was committed belongs. · mere possession of opium aboard a foreign vessel in transit was held by this court not triable by or courts, because it being the primary object of our Opium Law to protect the inhabitants of the Philippines against the disastrous effects entailed by the use of this drug, its mere possession in such a ship, without being used in our territory, does not being about in the said territory those effects that our statute contemplates avoiding. Hence such a mere possession is not considered a disturbance of the public order. · to smoke opium within our territorial limits, even though aboard a foreign merchant ship, is certainly a breach of the public order here established, because it causes such drug to produce its pernicious effects within our territory. It seriously contravenes the purpose that our Legislature has in mind in enacting the aforesaid repressive statute.
CASE DIGEST: People vs Wong Cheng, 46 Phil 729
Case Title: People vs Wong Cheng, 46 Phil 729 Subject Matter: Applicability of Art. 2 of the Revised Penal Code Facts:
The appellant, in representation of the Attorney General, filed an appeal that urges the revocation of a demurrer sustained by the Court of First Instance of Manila presented by the defendant. The defendant, accused of having illegally smoked opium aboard the merchant vessel Changsa of English nationality while the said vessel was anchored in Manila Bay, two and a half miles from the shores of the city. In the said demurrer, the defendant contended the lack of jurisdiction of the lower court of the said crime, which resulted to the dismissal of the case.
Issue:
Whether or not the Philippine courts have jurisdiction over the crime committed aboard merchant vessels anchored in our jurisdictional waters.
Held:
Yes. The crime in the case at bar was committed in our internal waters thus the Philippine courts have a right of jurisdiction over the said offense. The Court said that having the opium smoked within our territorial waters even though aboard a foreign merchant ship is a breach of the public order because it causes such drugs to produce pernicious effects within our territory. Therefore, the demurrer is revoked and the Court ordered further proceedings.
PEOPLE v. WONG CHENG, GR No. 18924, 1922-10-19
Facts:
appellee is 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.
Issues: whether the courts of the Philippines have jurisdiction over a crime, like the one herein involved, committed aboard merchant vessels anchored in our jurisdictional waters. Ruling:
We have seen that the mere possession of opium aboard a foreign vessel in transit was held by this court not triable by our courts, because it being the primary object of our Opium Law to protect the inhabitants of the Philippines against the disastrous effects entailed by... the use of this drug, its mere possession in such a ship, without being used in our territory, does not bring about in the said territory those effects that our statute contemplates avoiding. Hence such a mere possession is not considered a disturbance of the public order.
But to smoke opium within our territorial limits, even though aboard a foreign merchant ship, is certainly a breach of the public order here established, because it causes such drug to produce its pernicious effects within our territory. .It seriously contravenes the purpose... that our Legislature has in mind in enacting the aforesaid repressive statute. The order appealed from is revoked and the cause ordered remanded to the court of origin for further proceedings in accordance with law, without special finding as to costs. So ordered. Principles:
English rule, based on the territorial principle and followed in the United States, according to which, crimes perpetrated under such circumstances are in general... triable in the courts of the country within whose territory they were committed. Of this two rules, it is the last one that obtains in this jurisdiction, because at present the theories and jurisprudence prevailing in the United States on this matter are authority in the
Philippines which is now a territory of the United States.
CASE DIGEST Pp vs Wong Cheng G.R. No. L-18924 October 19, 1922
FACTS: The Attorney-General urges the revocation of the order of the Court of First Instance of Manila, sustaining the demurer presented by Wong Cheng who 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 demurer alleged lack of jurisdiction on the part of the lower court, which so held and dismissed the case. ISSUE: WoN the courts of the Philippines have jurisdiction over crimes committed aboard a foreign vessel anchored in our jurisdiction waters?
RULING:
Yes, the courts of the Philippines have jurisdiction.
There are two fundamental rules as to jurisdiction over crimes committed aboard merchant vessels while in territorial waters of another country; the French Rule; and the English Rule. Of this two rules we observe the English Rule wherein crimes in merchant vessels are generally triable in that country where it was perpetrated, unless if they merely affect things within the vessel or they refer to the internal management thereof. Mere possession of opium aboard a foreign vessel in transit was held by the court as not triable since it is not considered a disturbance of the public order. But to smoke opium within our territorial limits, even though aboard a foreign merchant ship is certainly a breach of public order because it causes such drug to produce its pernicious effects within our territory. It seriously contravenes the purpose that our legislature has in mind in enacting the aforesaid repressive statute. Therefore, the order appealed from is revoked and the cause ordered remanded the court of origin for further proceedings in accordance with law without special finding as to costs.
