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The People of the Philippine Islands plaintifff and appellant vs Wong Cheng ( Wong Chun) defendant

and appellee
This is an appeal by the Attorney -General for the revocation of the decision of the Court of First
Instance of anila!
The accused is a Chinese "an charged for s"o#ing aboard the "erchant vessel Chanasa ( an $nglish
ship) doc#eted in anila %ay &ust t'o and a half "iles fro" the city shores! The defense clai"s that the
case should be dis"issed because it 'as co""itted on a foreign vessel and not under the &urisdiction
of the Philippines! The lo'er court dis"issed the case for the Philippines lac# of &urisdiction! (ence the
petition for the revocation of the lo'er court)s &udg"ent!
Issue * Is the cri"e of s"o#ing opiu" by a foreigner in a foreign vessel doc#eted in the local port under
the court &urisdiction of the Philippines+
(eld * The Court ruled that the Philippines has &urisdiction over this case because 'e follo' the
$nglish rule because 'e 'ere under the ,- territory! There are t'o funda"ental rules for cri"es
co""itted in a foreign vessel doc#eted in the local territory* the French rule 'hich states that the cri"e
should be under the &urisdiction of the nationality of the vessel and not the &urisdiction of the country
'here they are landed. unless the cri"e co""itted is against the peace and security of the territory/ and
the $nglish rule 'hich states that the cri"e co""itted in a foreign vessel landed in the local territory is
generally under the &urisdiction of the local territory unless the cri"e co""itted is only internal "atters
'ithin the ship! The "ere possession of opiu" is not considered pernicious to our country that "a#e it
not punishable under our penal la's! (o'ever the s"o#ing of opiu" is a cri"e for the dangerous
effects in "ay bring against the -tate! Thus the Court rules that the decision of the lo'er court be
revo#ed and re"anded the case bac# to the lo'er court for further proceedings!

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