People v.

Look Chaw

People v. Look Chaw, 18 Phil. 573
G.R. No.L-5887. December 16, 1910.
ARELLANO, C. J.


Laws Applicable: Revised Penal Code Art. 2 and Opium Law (Crimes Relative to
Opium & Other Prohibitive Drugs Art. 190 - 194)

Facts: A steamship named Erroll, from Hong Kong bound for Mexico, was searched
and inspected at the port of Cebu where sacks of opium were found. A large sack of
opium was discovered in the hold and a smaller one in the cabin. Soon after, more
cans of opium were identified around the firemen's sleeping area.

The defendant, Look Chaw, acknowledged his ownership and control over the sacks of
opium found in the search of the vessel. Also, he sold prepared opium the day the
vessel arrived at Cebu. The defendant is charged for unlawful possession of opium and
unlawful sale of opium at the Court of First Instance of Cebu.

The court ruled that it has jurisdiction because the crime was committed on the wharf
of Cebu; which is within its district. The court sentenced the defendant to five years
imprisonment, a fine of 10,000 pesos, with further imprisonment in case of bankruptcy.

The defendant filed an appeal.

Issues: Whether or not the Philippine Court has jurisdiction over a foreign vessel and
crimes committed within it.

Held: YES. Mere possession of things prohibited by the Philippines, aboard a foreign
vessel in transit, in any port, does not constitute a crime triable by the courts of this
country. But when the said prohibited items, such as opium, are set on or brought into
Philippine soil, it becomes a violation of the penal code and the Philippine Court has
appropriate jurisdiction over it, taking into account absence of international treaties.

Imprisonment was reduced to six months and the fine to 1,000 pesos.