The UNITED STATES vs. AH SING (Karen) 5.

5. The Court of First Instance of Cebu finding the defendant guilty of a violation of
GR No. 13005 | October 10, 1917 | Malcolm J. | Territorial
PLATINTIFF - APPELLEE – The United States
DEFENDANT - APPELLANT – Ah Sing
SUMMARY:
Ah Sing, at the steamship Shun Chang, a foreign vessel, arrived in the port of Cebu from
Saigon. Ah Sing bought eight cans of opium in Saigon, brought them on board the
steamship and had them in his possession during the trip from Saigon to Cebu.
When the steamer anchored in the port of Cebu, the authorities found the eight cans of
opium hidden in the ashes below the boiler of the steamer's engine. The defendant
confessed that he was the owner of this opium, and that he had purchased it in Saigon
without stating his intention.
DOCTRINE:
GENERAL RULE: The principle of territoriality means that as a rule, penal laws of
the Philippines are enforceable only within its territory.
EXCEPTION: Art. 2. Application of its provisions. – Except as provided in the treaties
and laws of preferential application, the provisions of this Code shall be enforced not
only within the Philippine Archipelago, including its atmosphere, its interior waters
and maritime zone, but also outside of its jurisdiction, against those who:
a) Should commit an offense while on a Philippine ship or airship
section 4 of Act No. 2381 (the Opium Law).
6. This is an appeal from a judgment of the Court of First Instance.
ISSUE:
Is Ah Sing guilty of illegal importation of opium in the Philippines? - YES.
RULING:
Ah Sing, having been proved guilty beyond a reasonable doubt as charged and the
sentence of the trial court being within the limits provided by law, it results that the
judgment must be affirmed with the costs of this instance against the appellant.
Arellano, C. J., Johnson, Carson, Araullo, and Street, JJ., concur.
RATIO
1. The Federal Courts of the United States have held that the mere act of going
into a port, without breaking bulk, is prima facie evidence of importation.
2. In application of the Opium Law, it expressly holds any person who unlawfully
imports or brings any prohibited drug into the Philippine Islands, when the
prohibited drug is found under this person's control on a vessel, which has
come direct from a foreign country and is within the jurisdictional limits of the
Philippine Islands. 
3. It would be absurd to think that the accused was merely carrying opium back
and forth between Saigon and Cebu for the mere pleasure of doing.
4. It would likewise be impossible to conceive that the accused needed so large an
amount of opium for his personal use.

Just as our merchant ship is an extension of our territory, foreign merchant ship is
considered an extension of the territory of the country to which it belongs. Hence,
an offense committed on the high seas on boards a foreign merchant vessel is not triable
by our courts.

HOWEVER: (THIS CASE DOES NOT RELATE TO FOREIGN VESSELS IN TRANSIT, A

SITUATION NOT PRESENT.)

Foreign merchant vessel not in transit: mere possession of dangerous drugs is

punishable because it can already be considered as illegal importation.

FACTS:
1. Ah Sing, a fireman at a foreign vessel, arrived in the port of Cebu from Saigon.
2. Ah Sing bought eight cans of opium in Saigon, brought them on board the
steamship and had them in his possession during the trip from Saigon to Cebu.
3. When the steamer anchored in the port of Cebu, the authorities made a search
and found the eight cans of opium hidden in the ashes below the boiler of the
steamer's engine.
4. The defendant confessed that he was the owner of this opium, and that he had
purchased it in Saigon without stating his intention.