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  • Ponente: Romualdez, J.

    Загружено:

    Jeff Pena
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    The Supreme Court of the Philippines ruled that the local courts have jurisdiction over a case involving a defendant accused of illegally smoking opium aboard a foreign merchant vessel anchored in Manila Bay. The vessel was anchored within the internal waters of the Philippines, around 2.5 miles from shore. While aboard foreign vessels are usually subject to the laws of the flag nation, crimes that occur within a nation's internal waters fall under the jurisdiction of that nation's courts. Therefore, as the alleged crime took place within Philippine internal waters, the local courts had authority to try the defendant rather than dismissing the case for lack of jurisdiction.

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    The Supreme Court of the Philippines ruled that the local courts have jurisdiction over a case involving a defendant accused of illegally smoking opium aboard a foreign merchant vessel anchored in Manila Bay. The vessel was anchored within the internal waters of the Philippines, around 2.5 miles from shore. While aboard foreign vessels are usually subject to the laws of the flag nation, crimes that occur within a nation's internal waters fall under the jurisdiction of that nation's courts. Therefore, as the alleged crime took place within Philippine internal waters, the local courts had authority to try the defendant rather than dismissing the case for lack of jurisdiction.

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    © All Rights Reserved
    Скачайте в формате DOCX, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    15 просмотров1 страница

    Ponente: Romualdez, J.

    Загружено:

    Jeff Pena
    The Supreme Court of the Philippines ruled that the local courts have jurisdiction over a case involving a defendant accused of illegally smoking opium aboard a foreign merchant vessel anchored in Manila Bay. The vessel was anchored within the internal waters of the Philippines, around 2.5 miles from shore. While aboard foreign vessels are usually subject to the laws of the flag nation, crimes that occur within a nation's internal waters fall under the jurisdiction of that nation's courts. Therefore, as the alleged crime took place within Philippine internal waters, the local courts had authority to try the defendant rather than dismissing the case for lack of jurisdiction.

    Авторское право:

    © All Rights Reserved
    Скачайте в формате DOCX, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 1

    22. G.R. No.

    L-18924 October 19, 1922

    THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellant,


    vs.
    WONG CHENG (alias WONG CHUN), defendant-appellee.

    Ponente: Romualdez, J.:

    Facts:

    The Attorney-General urges the revocation of the order granting the


    dismissal of this case held by the Court of First Instance of Manila regarding
    the demurrer presented by the defendant on the ground that this Court lacks
    jurisdiction, which the appellee is accused of having illegally smoked opium
    while aboard the merchant vessel Changsa of English nationality while said
    vessel was anchored in Manila Bay two and a half (2 ½) miles from the her
    shores.

    Issue:

    Whether or not the courts of the Philippines have jurisdiction over the
    crime committed while aboard on merchant vessels anchored in our
    jurisdictional waters?

    Ruling:

    Yes. The idea of a person smoking opium securely on board a foreign


    vessel at anchor in the port of Manila in open defiance of the local authorities,
    who re impotent to enforce the law on him. The order appealed from is revoked
    and the court proceedings shall continue since the crime in the case at bar was
    committed within our internal waters thus Philippine courts have jurisdiction
    over the said offense.

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