ARTICLE I, 1987 Constitution

NATIONAL TERRITORY

FACTS:

UNITED STATES V. LOOK CHAW (AKA LUK CHIU)

CHARACTERISTICS OF CRIMINAL LAW: TERRITORIAL
Date: circa 1909 - 1910
Ponente: Arellano, C.J.

Upon arrival of steamship Erroll of English nationality, from Hong Kong bound for Mexico
and Puerto de Vera Cruz via the call ports of Manila and Cebu, 2 sacks of opium where found
during the inspection and search of the cargo (August 19, 1909).
o Smaller sack of opium on the cabin near the saloon
o Larger sack in the hold
o Later on, there were also 4 cans of opium found on the part of the ship where the
firemen habitually sleep
The firemen and crew of foreign vessels, pursuant to the instructions he had from the Manila
custom-house, were permitted to retain certain amounts of opium, always provided it should
not be taken shore so it was returned.
2 charges were filed against Look Chaw at the Court of First Instance of Cebu:
o unlawful possession of opium (concern of the case)
o unlawful sale of opium
Look Chaw admitted that he had bought these sacks of opium, in Hongkong with the
intention of selling them as contraband in Mexico or Vera Cruz, and that, as his hold had
already been searched several times for opium, he ordered two other Chinamen to keep the
sack.
Defense moved for a dismissal of the case, on the grounds that the court had no jurisdiction
and the facts concerned therein did not constitute a crime.

ISSUE:
W/N the Philippine court has jurisdiction.

The national territory comprises the

Philippine archipelago, with all the islands
and waters embraced therein, and all other
territories over which the Philippines has
sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the
subsoil, the insular shelves, and other
submarine areas. The waters around,
between, and connecting the islands of the
archipelago, regardless of their breadth and
dimensions, form part of the internal waters
of the Philippines.
Art. 2, Revised Penal Code
The provisions of this Code shall be enforced
not only within the Philippine Archipelago,
including its atmosphere, its interior waters
and maritime zone, but also outside of its
jurisdiction, against those who:
1. Should commit an offense while on a
Philippine ship or airship
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in the
presiding number;
4. While being public officers or employees,
should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against
national security and the law of nations,
defined in Title One of Book Two of this
Code.

HELD:
Yes, the Philippine court has jurisdiction, inasmuch as the crime had been committed within
its district, on the wharf of Cebu. Modified by reducing the imprisonment and the fine imposed to six
months (instead of 5 years) and P1,000 (instead of P10,000).
Mere possession of a thing of prohibited use in the Philippine Islands, aboard a foreign vessel
in transit, in any of their ports, does not, as a general rule, constitute a crime triable by the courts of
the Philippines, on account of such vessel being considered as an extension of its own nationality.
However, in this case, a can of opium is landed from the vessel upon Philippine soil, thus
committing an open violation of the Philippine laws. As it is a violation of the penal law in force at
the place of commission of the crime, only the court established in the said place itself has competent
jurisdiction, in the absence of an agreement under an international treaty.