G.R. No. L-10854; January 21, 1916
THE UNITED STATES, plaintiff-appellee, vs. NG TUY, defendant-appellant.

FACTS:
The defendant, Ng Tuy, was charged with a violation of the Opium Law. The complaint alleged that on or about February 2, 1915, in the City of Manila, he willfully, unlawfully, and feloniously had in his possession and under his control twenty centigrams of morphine, a prohibited drug. Upon arrest and trial, the lower court found him guilty. During the early morning of said date, policemen searched his residence on Calle Ilangilang and found in his room a small package containing morphine, along with paraphernalia such as a glass tube, part of a syringe, a needle used for opium, and spoons. A physical examination of the defendant also showed clear signs that he had been habitually using opium by injection. The trial court, operating under the belief that the defendant had been previously convicted several times for the same offense, sentenced him to six months imprisonment and a fine of P300, with subsidiary imprisonment in case of insolvency. The defendant appealed, raising a question of fact.

ISSUE:
Whether the penalty imposed by the trial court was proper, given the absence of evidence in the record proving the defendant’s alleged previous convictions.

RULING:
No. The Supreme Court found that the record contained no evidence whatsoever to support the trial court’s finding that the defendant had been previously convicted of violating the Opium Law. Consequently, the severe penalty of six months imprisonment and a P300 fine, which was evidently based on this erroneous theory of recidivism, was not justified. The Court modified the sentence. The defendant is hereby sentenced to three months imprisonment and to pay a fine of P300, with subsidiary imprisonment in case of insolvency as provided by law, and to pay the costs. The appealed decision was modified accordingly.