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  • US Vs Wong Cheng - Case Digest

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    Wong Cheng was accused of illegally smoking opium aboard an English vessel anchored in Manila Bay within the territorial jurisdiction of the Philippines. The lower court dismissed the case for lack of jurisdiction. This case examines whether the courts of the Philippines have jurisdiction over crimes committed aboard merchant vessels within its territorial waters. The court held that based on the English rule followed in the US and the Philippines, crimes committed within the territorial jurisdiction of a country, including those aboard foreign merchant vessels, fall under the jurisdiction of that country's courts. Therefore, the Philippines had jurisdiction over Wong Cheng's case of smoking opium illegally within its territory.

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    US vs Wong Cheng_ case digest

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    Wong Cheng was accused of illegally smoking opium aboard an English vessel anchored in Manila Bay within the territorial jurisdiction of the Philippines. The lower court dismissed the case for lack of jurisdiction. This case examines whether the courts of the Philippines have jurisdiction over crimes committed aboard merchant vessels within its territorial waters. The court held that based on the English rule followed in the US and the Philippines, crimes committed within the territorial jurisdiction of a country, including those aboard foreign merchant vessels, fall under the jurisdiction of that country's courts. Therefore, the Philippines had jurisdiction over Wong Cheng's case of smoking opium illegally within its territory.

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    © All Rights Reserved
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    354 views2 pages

    US Vs Wong Cheng - Case Digest

    Uploaded by

    Kayee Kat
    Wong Cheng was accused of illegally smoking opium aboard an English vessel anchored in Manila Bay within the territorial jurisdiction of the Philippines. The lower court dismissed the case for lack of jurisdiction. This case examines whether the courts of the Philippines have jurisdiction over crimes committed aboard merchant vessels within its territorial waters. The court held that based on the English rule followed in the US and the Philippines, crimes committed within the territorial jurisdiction of a country, including those aboard foreign merchant vessels, fall under the jurisdiction of that country's courts. Therefore, the Philippines had jurisdiction over Wong Cheng's case of smoking opium illegally within its territory.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    US vs Wong Cheng, G.R. No.

    L-18924 October 19, 1922 –

    DOCTRINE: 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.

    FACTS: Wong Cheng was accused of illegally smoking opium aboard an English vessel
    (Changsa) while it was anchored in Manila Bay two and a half miles from the shores of the city.
    The demurrer alleged lack of jurisdiction on the part of the lower court, which so held and
    dismissed the case

    ISSUE: Whether the coutrs of the Philippines have jurisdiction over the crime committed aboard
    merchant vessels anchored in our jurisdiction’s 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. 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.

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