Case Digest (G.R. No. L-18924)
Facts:
The People of the Philippine Islands v. Wong Cheng (alias Wong Chun), G.R. No. 18924, October 19, 1922, the Supreme Court En Banc, Romualdez, J., writing for the Court.The People of the Philippine Islands (plaintiff and appellant, represented by the Attorney-General) prosecuted Wong Cheng (defendant and appellee) on an information charging him with having illegally smoked opium aboard the British merchant vessel Changsa while that vessel was anchored in Manila Bay about two and a half miles from the city's shore. The defendant filed a demurrer to the information on the ground that the lower court lacked jurisdiction to try the offense; the Court of First Instance of Manila sustained the demurrer and dismissed the case.
The Attorney-General appealed the dismissal to the Supreme Court, contesting the lower court's ruling on jurisdiction. The central factual points accepted by the Court were that the vessel was of English nationality, was at anchor within Manila Bay approximately 2.5 miles from shore, and that the alleged act was the smoking (use) of opium aboard that vessel while within those waters. No treaty or international agreement was identified by the parties that, as between the United States (on whose jurisprudence the Philippine courts then relied) and Great Britain, waived local jurisdiction over such offenses.
The appeal presented the single practical question whether Philippine courts have jurisdiction to try crimes committed aboard a foreign merchant vessel while it is withi...(Subscriber-Only)
Issues:
- Do the courts of the Philippine Islands have jurisdiction to try an offense allegedly committed aboard a foreign merchant vessel anchored within territorial waters (about two and a half miles from shore)?
- If so, does the smoking (use) of opium aboard such a vessel constitute an offense triable by Philippine courts u...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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