G.R. No. 12596; September 21, 1917
THE UNITED STATES, plaintiff-appellee, vs. IGNACIO AZTIGARRAGA (alias Sia See Send) and LIM TIONG TIM, defendants-appellants.

FACTS:
The defendants, Ignacio Aztigarraga and Lim Tiong Tim, were charged with the unlawful importation of 680 grams of morphine. Acting on a tip, secret service agents of the Bureau of Customs set up surveillance at the Manila Post Office after placing suspicious packages from Hongkong into various post office boxes. On the evening of July 6, 1916, Aztigarraga and Lim Tiong Tim arrived together. Lim Tiong Tim acted as a lookout and gave a signal to Aztigarraga, who then opened Post Office Box 1167 and retrieved three packages later found to contain morphine. Both were immediately arrested. A key to the box was found on Aztigarraga, and papers in Chinese, evidencing a code for illicit operations with parties in Hongkong, were found in Lim Tiong Tim’s pocket. Aztigarraga initially confessed. Searches of their shared residence revealed incriminating documents, including a receipt for the post office box in Aztigarraga’s name. During separate trials, each defendant attempted to blame the other. Both were convicted: Aztigarraga was sentenced to two years imprisonment and a P1,000 fine, while Lim Tiong Tim, who was alleged to be a recidivist, was sentenced to three years imprisonment and a P2,000 fine.

ISSUE:
1. Whether the evidence was sufficient to convict both defendants of unlawfully importing morphine.
2. Whether the trial court erred in admitting the testimony of a co-accused (Aztigarraga) against the other (Lim Tiong Tim).
3. Whether the prosecution sufficiently proved that the morphine was imported from a foreign country.
4. Whether the trial court erred in admitting evidence of Lim Tiong Tim’s prior conviction for a similar offense.

RULING:
The Supreme Court affirmed the convictions.
1. Sufficiency of Evidence: The evidence was conclusive. The defendants were caught in flagrante delicto, with one acting as lookout and the other retrieving the contraband. Their coordinated actions, the discovery of the post office box key and coded papers, Aztigarraga’s confession, and the items found in their residence all proved a conspiracy to violate the Opium Law. The defense that one was merely an innocent agent was rejected, as the evidence showed both had knowledge of the illicit activity.
2. Testimony of a Co-Accused: The testimony of an accomplice (Aztigarraga against Lim Tiong Tim) is admissible and its credibility is to be judged in light of corroborating circumstances. Since the acts were performed in furtherance of a conspiracy, such testimony was properly considered.
3. Proof of Importation: The fact of importation was sufficiently established. The steamship carrying the mail arrived from Hongkong, the packages bore Hongkong postmarks, and the coded papers on Lim Tiong Tim indicated illicit dealings with Hongkong, allowing the court to infer the origin of the morphine.
4. Evidence of Prior Conviction: The trial court correctly admitted the record of Lim Tiong Tim’s prior conviction. While this prior conviction (under a different case number) did not technically make him a recidivist under the specific statute for the purpose of mandatory deportation, it was properly considered by the judge in determining the appropriate penalty within his discretion. The Court held that in a bench trial, the judge is presumed capable of weighing such evidence without prejudice.
The sentences imposed were within the trial court’s discretion and in accordance with law. The motion for reconsideration was subsequently denied.

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