United

States v. LookChaw
G.R. No. 5887, 18 Phil. 573
December 16, 1910

FACTS:
Defendant was found to have carried, kept, possessed 90 kilos of opium and
that he had been caught in the act of selling 1,000 pesos worth of prepared
opium
o Complaints are (on separate charges0
Unlawful possession of opium
Sale of opium
o This case is only on unlawful possession of opium
Between 11 & 12 am, August 19, 1909
o Messengers Jack and Milliron (chief of department of Cebu port and
internal revenue agent of Cebu, respectively)
Went aboard English steamship Erroll to inspect and search its
cargo
Found one sack in saloon, another in the hold
Hold: under the defendants control and possession
with intention of selling them in mexico or in Puerto de
vera Cruz
Found another lot of four cans of opium
In area where firemen habitually sleep
Firemen were allowed to retain certain amounts of
opium as long as its not taken ashore
Found another can of opium
Defendant admitted: the opium seized in vessel was bought by him in
Hongkong at P3/can and P5/sack to sell it in Mexico and Puerto de Vera Cruz
o Also admitted that he sold opium in Cebu for P16/can; and,
o Has contract to sell P500 worth of opium
o He is claiming that the lower court has no jurisdiction
Lower Court: court ruled crime was committed on wharf of Cebu
o Sentenced him to 5 years imprisonment and a fine of P10,000
o Ordered the confiscation of exhibits
ISSUE:
WON the Philippine Court has Jurisdiction
HELD/RATIO:
YES. Although mere possession of thing of prohibited use aboard a foreign
vessel does not constitute a crime triable by courts of this countrywhen the
article is landed upon Philippine soil from vessel, it is already a violation of
penal law absent an agreement under an international treaty
Court reduced imprisonment and fine to 6 months and P1000

Note: Erroll, a vessel of English nationality, was in transit. (travelling from HK to
Mexico via Cebu port)