GR L 12954; (January, 1918) (Digest)
G.R. No. L-12954; January 31, 1918
THE UNITED STATES, plaintiff-appellee, vs. CHU LOY and LEE KAM, defendants. CHU LOY, appellant.
FACTS:
The appellant, Chu Loy, was the chief cook on the English steamship Castlefield. The vessel, on its first trip to Manila, arrived from Saigon on August 15, 1917. Chu Loy had in his possession 60 tins of opium, which he testified were delivered to him in Saigon to be turned over to someone in Hongkong. He claimed he did not know the ship was bound for Manila when it left Saigon. Upon the vessel’s arrival in Manila, the opium was transferred to a co-defendant’s custody and kept in an officer’s room. The opium was discovered just before the ship sailed from Manila on August 17, 1917. There was no evidence that any attempt was made to discharge or bring the opium ashore in the Philippines.
ISSUE:
Whether an employee or passenger on a vessel passing through a Philippine port, who possesses opium but does not intend to discharge it in the Philippines, is guilty of illegal importation under Philippine law.
RULING:
The Supreme Court REVERSED the lower court’s conviction and ACQUITTED the appellant.
The Court held that while the general rule is that importation is complete once a vessel enters the territorial waters, this rule requires proof of an intent to import the merchandise into the country. Mere possession of contraband on a vessel within Philippine waters, without intent to introduce it into Philippine territory, does not constitute illegal importation. The appellant’s testimonythat the opium was destined for Hongkong, that he was unaware of the Manila stop, and that no effort was made to land the opium during the two-day staywas credible and sufficient to establish lack of intent to import. Therefore, the crime of illegal importation was not committed.
Separate Opinions:
– Justice Carson (concurring): Agreed but clarified that possession aboard a vessel in Philippine waters raises a prima facie presumption of importation, which can be rebutted by evidence creating reasonable doubt in criminal cases.
– Justice Malcolm (dissenting): Argued that the law prohibits the unlawful bringing of opium into Philippine waters, regardless of intent to land it. He would have affirmed the conviction to prevent abuse and uphold customs enforcement.
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