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. 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.