G.R. No. 12845; September 26, 1917
THE UNITED STATES, plaintiff-appellee, vs. FRANCISCO GAFFUD and MARIA ANASTACIO, defendants. FRANCISCO GAFFUD, appellant.

FACTS:
Two Constabulary soldiers, while passing the house of Francisco Gaffud (the justice of the peace of Naguilian, Isabela) and his wife Maria Anastacio, smelled opium. They entered the yard and, finding the house closed, peered through an opening and saw Gaffud smoking opium. The soldiers reported this to their commanding officer, who obtained a search warrant from the judge of first instance. The subsequent search of the house revealed various opium-smoking paraphernalia and a small amount of opium in the possession of Maria Anastacio and elsewhere in the residence. During trial, the judge inspected the house and confirmed the plausibility of the soldiers’ account. The sole defense witness was Maria Anastacio, who confessed her guilt and attempted to exonerate her husband. The trial court convicted Francisco Gaffud.

ISSUE:
Whether the penalty imposed by the trial court on appellant Francisco Gaffud should be modified due to his position as a justice of the peace.

RULING:
Yes. The Supreme Court affirmed the conviction but modified the penalty. While the Court ordinarily imposes the minimum penalty for a first-time offender possessing a small quantity of opium, it held that Gaffud’s status as a justice of the peace constituted an aggravating circumstance. The Court reasoned that the violation of the opium law by a person of standing in the community, who tends to exploit the vice and bring the law into disrepute, cannot be easily overlooked. Consequently, the Court increased the penalty from three months imprisonment and a P300 fine to four months imprisonment and a P400 fine, with corresponding subsidiary imprisonment in case of insolvency, and adjusted the costs.

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