G.R. No. L-7424, November 12, 1912
THE UNITED STATES, plaintiff-appellee, vs. POW SING, ET AL., defendants. POW SING, appellant.

FACTS

Appellant Pow Sing, a steward on the steamer Loongsang which had just arrived from Hongkong, was charged with the illegal importation of 336 grams of morphine. Customs officers, stationed in a casco to watch for contraband, testified that they saw Pow Sing deliver a package to Simeon Vega, who then attempted to descend from the ship via a rope into a lorcha. The officers intercepted Vega and seized the package, which was later confirmed to contain morphine. The morphine was not part of the ship’s manifested cargo or stores. Pow Sing denied involvement, claiming he was asleep at the time, and two other witnesses testified that another crew member, Tat Wing, gave the package to Vega.

ISSUE

Whether the trial court erred in convicting Pow Sing based on the credibility of witnesses and whether the penalty imposed was proper.

RULING

No. The Supreme Court affirmed the conviction, upholding the trial court’s assessment of witness credibility. The trial judge found the customs officers’ testimony convincing and deemed the defense witnesses unreliable. The Court reiterated that trial courts are in the best position to evaluate witness credibility, and their findings will not be disturbed absent clear error. As to the penalty, the Court modified the sentence by adding six months of imprisonment to the fine of ₱1,200, citing the need for a stronger deterrent against drug trafficking, as fines alone are insufficient. The modified sentence was affirmed.