THE UNITED STATES Vs LOOK CHAW -
G.R. No.: L-5887 December 16, 1910
Facts:
An inspection by Messrs. Jack and Milliron on the steamship Erroll found among its cargos, Exhibit A which contains 49 cans of opium and Exhibit B containing also cans of the same substance. The defendant admitted that said cargos belong to him as it will be brought to Mexico or Vera Cruz. Upon further search too, another four cans of opium were found where the firemen of said court usually stays. The opium was kept by the first officer of the ship which shall be returned as soon as the ship leaves to avoid use of the substance outside the steamship. It has been noted too as provided by a witness that defendant sold cans of opium upon arrival on the 15th in Cebu.
Defendant alleged that said possession and act is not covered by the Philippines laws. Still the court sentenced him the maximum penalty for the reason that the act committed is under the Philippine jurisdiction.
Issue:
Whether or Not the Philippine court have jurisdiction over the case
Ruling:
Yes. The court has jurisdiction over the vessel but only in instances when the act is violating the law of the Philippines Islands as provided by the English rule prevailing at the time of commission. Mere possession of the drug in the ship was not punishable but due to the fact that cans of opium were taken from the ship to the Philippine soil, the court shall apply the law of the land.
Hence, such circumstance mitigated the sentence to 1000 Php and six months of imprisonment by the Court of appeals.
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