CASE NO.

06

US v. CHU LOY AND LEE KAM

G.R. No. L-12954
January 31, 1918

FACTS:

Chu Loy (appellant), a chief cook on board steamship Castlefield, kept 60 tins of opium
in the kitchen of the vessel while in transit to Philippine waters. The items received in
Saigon were intended to be turn over at Hongkong. Upon arrival at the port of Manila,
he delivered the tins to Lee Kam (codefendant) so that it can be kept in a room of a
vessel officer until they sail out. During their stay in the port of Manila, no effort to
discharge opium was made.

ISSUES:

Whether or not the appellant is guilty of illegal importation of opium

RULING:

No. Bringing of merchandise into the jurisdictional waters of the country must be with
the intent to import and it cannot be ascertained that the tins of opium were imported
simply because it happened to be found in a vessel within the Philippine waters. Mere
possession of opium on board a vessel in the Philippine waters is not sufficient to prove
its importation. Moreover, the Government would not attempt to confiscate, as
contraband, merchandise which is found in a foreign vessel within Philippine waters
when it is proved that the intention of the owner was to carry the same to some other
port.