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General Principles; Territoriality; Jurisdiction over Vessel (2000)

After drinking one (1) case of San Miguel beer and taking two plates of pulutan,
Binoy, a Filipino seaman, stabbed to death Sio Ny, 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?
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.

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