US v Ah Sing 1917

G.R. No. L-13005        October 10, 1917

THE UNITED STATES, plaintiff-appellee,
vs.
AH SING, defendant-appellant.

Antonio Sanz for appellant.
Acting Attorney-General Paredes for appellee.

MALCOLM, J.:


Facts of the Case:

          Ah Sing is a subject of China employed as a fireman on the steamship Shun Chang, a foreign steamer which arrive at the port of Cebu on April 25, 1917 after a voyage direct from the port of Saigon. The authorities upon making a search 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. He did not confess, however, as to his purpose in buying the opium. No other evidence direct or indirect, to show that the intention of the accused was to import illegally this opium into the Philippine Islands, was introduced.

Issue: Has the crime of illegal importation of opium into the Philippine Islands been proven?

Held:

              Yes. The crime of illegal importation of opium into the Philippine Islands been proven. Section 4 of Act No. 2381 begins, "Any person who shall unlawfully import or bring any prohibited drug into the Philippine Islands." "Import" and "bring" are synonymous terms. 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.

Applied to the facts herein, 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 so doing. No better explanation being possible, the logical deduction is that the defendant intended this opium to be brought into the Philippine Islands.