General Principles; Territoriality; Jurisdiction over Vessel (2000)

3.) After drinking one (1) case of San Miguel beer and taking two plates of "pulutan",
Binoy, a Filipino seaman, stabbed to death Sio My, a Singaporean seaman, aboard
M/V "Princess of the Pacific", an overseas vessel which was sailing in the South
China Sea. The vessel, although Panamanian registered, is owned by Lucio Sy, a rich
Filipino businessman. When M/V "Princess of the Pacific" reached a Philippine Port
at Cebu City, the Captain of the vessel turned over the assailant Binoy to the
Philippine authorities. An information for homicide was filed against Binoy in the
Regional Trial Court of Cebu City. He moved to quash the information for lack of
jurisdiction. If you were the Judge, will you grant the motion? Why? (5%)
SUGGESTED ANSWER:
Yes, the Motion to Quash the Information should be granted. The Philippine court has no jurisdiction
over the crime committed since it was committed on the high seas or outside of Philippine territory and on
board a vessel not registered or licensed in the Philippines (US vs. Fowler, 1 Phil 614) It is the registration of
the vessel in accordance with the laws of the Philippines, not the citizenship of her owner, which makes it a
Philippine ship. The vessel being registered in Panama, the laws of Panama govern while it is in the high
seas.