Criminal Law Case Digest: US v. Ah Sing, 36 Phil 978 (1917)

FACTS

Ah Sing appealed a judgement of the Court of First Instance for violation of Section 4 of Act No 2381 Opium Law. Ah Sing is a subject of China employed as a fireman on the steamship Shun Chang. The steamer arrived at the port of Cebu from Saigon. The defendant has brought with him eight cans of opium that were found hidden in the ashes below the boiler of the steamer’s engine. The defendant claims that he owns the opium and did not confess his purpose of buying the opium.

ISSUE

Whether it has been proven that there had been illegal importation of opium into the Philippine Islands

RULING

Possession of a thing prohibited in the Philippines aboard a foreign vessel in transit does not constitute a crime triable by the courts in the country as a vessel is an extension of its own nationality.

However, the Sec 4 of Act No 2381 begins with Any person who shall unlawfully import or bring any prohibited drug into the Philippine Islands. Import and bring are synonymous by terms, and importation is completed when the ship anchors on a Philippine port.

 

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