Case Title: US vs Bull, 15 Phil 7

Subject Matter: Applicability of Art. 2 of the Revised Penal Code

Facts:

On December 2, 1908, a steamship vessel engaged in the transport of animals named

Stanford commanded by H.N. Bull docked in the port of Manila, Philippines. It was found
that said vessel from Ampieng, Formosa carried 674 heads of cattle without providing
appropriate shelter and proper suitable means for securing the animals which resulted for
most of the animals to get hurt and others to have died while in transit.

This cruelty to animals is said to be contrary to Acts No. 55 and No. 275 of the Philippine
Constitution. It is however contended that cases cannot be filed because neither was it
said that the court sitting where the animals were disembarked would take jurisdiction,
nor did it say about ships not licensed under Philippine laws, like the ships involved.

Issue:

Whether or not the court had jurisdiction over an offense committed on board a foreign
ship while inside the territorial waters of the Philippines.

Held:

Yes. When the vessel comes within 3 miles from the headlines which embrace the
entrance of Manila Bay, the vessel is within territorial waters and thus, the laws of the
Philippines shall apply. A crime committed on board a Norwegian merchant vessel sailing
to the Philippines is within the jurisdiction of the courts of the Philippines if the illegal
conditions existed during the time the ship was within the territorial waters - regardless of
the fact that the same conditions existed when the ship settled from the foreign port and
while it was on the high seas,

In light of the above restriction, the defendant was found guilty and sentenced to pay a
fine of two hundred and fifty pesos with subsidiary imprisonment in case of insolvency,
and to pay the costs.
U.S. v. Bull, 15 Phil. 7
G.R. No. L-5270 January 15, 1910
ELLIOTT, J.

Lessons Applicable: Applicability of Provision

Laws Applicable: Art. 2 RPC

FACTS:
accused H. N. Bull, master of vessel, willfully, unlawfully, and wrongly carry, transport,
and bring into the port and city of Manila, aboard said vessel, from the port of Ampieng,
Formosa, 677 head of cattle and carabaos, without providing suitable means for securing
the animals while in transit, so as to avoid cruelty and unnecessary suffering.
animals to be tied by means of rings passed through their noses, and allow and permit
others to be transported loose in the hold and on the deck of said vessel without being
tied or secured in stalls, and all without bedding
neglect and failure of the accused to provide suitable means for securing said animals
while so in transit, the noses of some of said animals were cruelly torn, and many of said
animals were tossed about upon the decks and hold of said vessel, and cruelly wounded,
bruised, and killed.
All contrary to the provisions of Acts No. 55 and No. 275 of the Philippine Commission.
Section 1 of Act No. 55, which went into effect January 1, 1901, provides that
The owners or masters of steam, sailing, or other vessels, carrying or transporting cattle,
sheep, swine, or other animals, from one port in the Philippine Islands to another, or from
any foreign port to any port within the Philippine Islands, shall carry with them, upon the
vessels carrying such animals, sufficient forage and fresh water to provide for the suitable
sustenance of such animals during the ordinary period occupied by the vessel in passage
from
the port of shipment to the port of debarkation, and shall cause such animals to be
provided
with adequate forage and fresh water at least once in every twenty-four hours from the
time
that the animals are embarked to the time of their final debarkation.
Bull(Norweigan): Norwegian vessel, and it is conceded that it was not registered or
licensed in the Philippine Islands under the laws thereof so it is not within the jurisdiction
of the Philippines

ISSUE: W/N the court had jurisdiction over an offense of this character when the neglect
and omission which constitutes the offense continued during the time the ship was within
the territorial waters of the United States

HELD: The defendant was found guilty

YES.
 No court of the Philippine Islands had jurisdiction over an offenses or crime committed
on the high seas or within the territorial waters of any other country, but when she came
within 3 miles of a line drawn from the headlines which embrace the entrance to Manila
Bay, she was within territorial waters, and a new set of principles became applicable.
Note: when it comes in our territory it has the discretion to prosecute or not.
If it choose to prosecute must be justified.
2 well-defined theories as to extent of the immunities ordinarily granted to them
1. French theory and practice-matters happening on board a merchant ship which
do not concern the tranquillity of the port or persons foreign to the crew, are
justiciable only by the court of the country to which the vessel belongs. The French
courts therefore claim exclusive jurisdiction over crimes committed on board
French merchant vessels in foreign ports by one member of the crew against
another.
2. The United States has adhered consistently to the view that when a merchant
vessel enters a foreign port it is subject to the jurisdiction of the local authorities,
unless the local sovereignty has by act of acquiescence or through treaty
arrangements consented to waive a portion of such jurisdiction.
The disembarkation of the animals is not necessary in order to constitute the completed
offense, and a reasonable construction of the language of the statute confers jurisdiction
upon the court sitting at the port into which the animals are bought. They are then within
the territorial jurisdiction of the court, and the mere fact of their disembarkation is
immaterial so far as jurisdiction is concerned.
The appellant contends that the language of the Spanish text of the information does
not charge him with failure to provide "sufficient" and "adequate" means. The words used
are "medios suficientes" and "medios adecuados." In view of the fact that the original
complaint was prepared in English, and that the word "suitable" is translatable by the
words "adecuado," "suficiente," and "conveniente," according to the context and
circumstances, we determine this point against the appellant, particularly in view of the
fact that the objection was not made in the court below, and that the evidence clearly
shows a failure to provide "suitable means for the protection of the animals."