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2.4 DIGEST - People v. Look Chow, 18 Phil. 573

The Supreme Court of the Philippines affirmed the lower court's ruling that the defendant, Look Chow, was guilty of possessing opium in violation of Philippine law. While aboard a foreign vessel in a Philippine port, two sacks of opium belonging to Look Chow were discovered during an inspection. The Court held that although the vessel was foreign, when prohibited articles are landed upon Philippine soil, the laws of the Philippines apply. As Look Chow's opium was found on land in the Philippines, he was properly under the jurisdiction of Philippine courts and his possession constituted a crime. The Supreme Court upheld the conviction but reduced the sentence.

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72 views2 pages

2.4 DIGEST - People v. Look Chow, 18 Phil. 573

The Supreme Court of the Philippines affirmed the lower court's ruling that the defendant, Look Chow, was guilty of possessing opium in violation of Philippine law. While aboard a foreign vessel in a Philippine port, two sacks of opium belonging to Look Chow were discovered during an inspection. The Court held that although the vessel was foreign, when prohibited articles are landed upon Philippine soil, the laws of the Philippines apply. As Look Chow's opium was found on land in the Philippines, he was properly under the jurisdiction of Philippine courts and his possession constituted a crime. The Supreme Court upheld the conviction but reduced the sentence.

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SUBJECT Case Digest Prepared by: Cutler, Kathryn

Case Title People v. Look Chow


TOPIC: Application of Provisions

Court Supreme Court Citation G.R. No. 5887 Date December 16,
1910

Plaintiff/App The United States


ellee

Defendant/A Look Chow (Alias Luk Chiu)


ppellant

Ponente Chief Justice Arellano

Doctrine

When prohibited articles from a foreign vessel are landed upon Philippine soil, the laws of the land will be
applied to it.

Case Summary

A man was found to have possession of two sacks of opium upon investigation of an English vessel on the
port of Cebu. Although pleading that the Court of the Philippines did not have jurisdiction over the case and
that it did not constitute a crime, the Court held that the laws of the Philippine islands may be applied when
articles are landed from vessels on Philippine soil and thus constitutes a crime under the island’s penal laws.

FACTS

● On August 18, 1909 (stated 19) an English vessel, Erroll, was inspected by the Chief of the
department of the port and the internal revenue agent of Cebu. They found one sack of opium in a
cabin near the saloon (Exhibit A), another in one (Exhibit B) in the hold which was under the
defendant’s control.
● The defendant freely admitted that both sacks belonged to him and that the opium was bought from
Hongkong (where the ship came from) and was to be sold as contraband in Mexico (where it was
headed). The total number of cans of opium in both sacks is 129.
● Another four cans of opium were later found in the sleeping quarters of the vessel firemen but were
later returned after leaving the Philippines because instructions allowed them to carry the items given
that they were not taken ashore.
● The ship arrived at Cebu on the 15th and, on the same day, he tried to sell opium.
● The lower Court sentenced the defendant to five years of imprisonment, to pay a P10,000 fine, to
have the exhibits confiscated, and to turn over the defendant to customs authorities after he has
served his sentence.

ISSUE - HELD - RATIO

ISSUE #1 HELD

Does the Court have jurisdiction over the case given that it was a foreign vessel YES
from Hong Kong on route to Mexico but only landed on the port of the Islands?

Does the possession of opium, given said conditions, constitute a crime? YES
RATIO:

Although the mere possession of an article of prohibited use in the Philippine Islands, aboard a foreign
vessel in transit, in any local port, does not, as a general rule, constitute a crime triable by the courts of the
Islands, such vessel being considered as an extension of its own nationality, the same rule does not apply
when the article, the use of which is prohibited in the Islands, is landed from the vessel upon Philippine soil;
in such a case an open violation of the laws of the land is committed, with respect to which, as it is a violation
of the penal law in force at the place of the commission of the crime, no court other than that established in
the said place has jurisdiction of the offense, in the absence of an agreement under an international treaty.

RULING: Therefore, reducing the imprisonment and the fine imposed to six months and P1,000,
respectively, we affirm in all other respects the judgment appealed from, with the costs of this instance
against the appellant.

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