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CASE DIGEST: People vs Wong Cheng, 46 Phil 729
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Case Title: People vs Wong Cheng, 46 Phil 729
Subject Matter: Applicability of Art. 2 of the Revised Penal Code
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. 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. The Court said that having the opium smoked 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. Therefore, the demurrer is revoked
and the Court ordered further proceedings.

Posted by Unknown at 23:17

Labels: 46 Phil 729, Article 2 of RPC, Crim 1, Criminal Law, Criminal Law 1, People vs Wong Cheng, People vs Wong Cheng
case digest, Philippine law, Ppl vs Wong Cheng

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