c.

) Law of Country of Registry of Vessel

People vs Wong Cheng, 46 Phil 729

Facts:
The appellant, in representation of the Attorney General, filed an appeal that urges the revocation of a demurrer
sustained by the Court of First Instance of Manila presented by the defendant. The defendant, accused of having
illegally smoked opium aboard the merchant vessel Changsa of English nationality while the said vessel was
anchored in Manila Bay, two and a half miles from the shores of the city. In the said demurrer, the defendant
contended the lack of jurisdiction of the lower court of the said crime, which resulted to the dismissal of the case.

Issue: Whether or not the Philippine courts have jurisdiction over the crime committed aboard merchant vessels
anchored in our jurisdictional waters.

Held:

Yes.

Disorder which disturb only the peace of the ship or those on board are to be dealt with exclusively by the sovereignty
of the home of the ship, but those which disturb the public peace may be suppressed, and, if need be, the offenders
punished by the proper authorities of the local jurisdiction.

The Court said that mere possession is not considered a disturbance of the public order. But to smoke opium within
our territorial waters even though aboard a foreign merchant ship is a breach of the public order because it causes
such drugs to produce pernicious effects within our territory. The crime in the case at bar was committed in our
internal waters thus the Philippine courts have a right of jurisdiction over the said offense.

NATIONAL DEVELOPMENT COMPANY vs. CA (G.R. No. L-49407)

Facts:

National Development Company (NDC) appointed Maritime Company of the Philippines (MCP) as its agent to
manage and operate its vessel, ‘Dona Nati’, for and in behalf of its account. In 1964, while en route to Japan from
San Francisco, Dona Nati collided with a Japanese vessel, ‘SS Yasushima Maru’, causing its cargo to be damaged
and lost. The private respondent, as insurer to the consigners, paid almost Php400,000.00 for said lost and damaged
cargo. Hence, the private respondent instituted an action to recover from NDC.

Issue:

Which laws govern the loss and destruction of goods due to collision of vessels outside Philippine waters?

Ruling:

In a previously decided case, it was held that the law of the country to which the goods are to be transported
governs the liability of the common carrier in case of their loss, destruction or deterioration pursuant to Article
1753 of the Civil Code. It is immaterial that the collision actually occurred in foreign waters, such as Ise Bay, Japan.

It appears, however, that collision falls among matters not specifically regulated by the Civil Code, hence, we apply
Articles 826 to 839, Book Three of the Code of Commerce, which deal exclusively with collision of vessels.