GR L 4436; (March, 1908) (Digest)
G.R. No. L-4436
THE UNITED STATES, plaintiff-appelle, vs. FRANCISCO CASTRO DI TIAN LAY, defendant-appellant.
March 20, 1908
FACTS:
On July 5, 1907, between 10 and 11 a.m., weights and measures inspectors Vicente San Martin and Ramon Valdes visited the store of Francisco Castro Di Tian Lay in Calle Sande, Tondo, Manila. When asked to present his measures for inspection, Di Tian Lay delivered all except a ganta (a measure for rice) that was on top of a basket. Upon being told to present the ganta, Di Tian Lay instead took it to the interior of the store. The inspectors observed him attempting to extract something from the ganta. Upon entry, an inspector found Di Tian Lay using a knife to remove a 9-millimeter thick piece of wood fitted at the bottom of the ganta. This piece of wood was intentionally placed to reduce the ganta’s capacity and defraud purchasers. The ganta itself was a lawful measure bearing the official seal.
A complaint was filed against Francisco Castro Di Tian Lay for violating Act No. 1519 of the Philippine Commission. The trial court found him guilty and sentenced him to three months of arresto mayor and to pay the costs. Di Tian Lay appealed, denying the accusation and alleging that the inspectors had planted the piece of wood. However, the prosecution’s evidence, supported by the accused’s confession to the chief of the department that he devised the alteration because “business was bad,” established his guilt.
ISSUE:
Whether Francisco Castro Di Tian Lay’s act of placing a piece of wood at the bottom of an officially sealed ganta measure to reduce its capacity constitutes a violation of Section 30 of Act No. 1519 .
RULING:
Yes, Francisco Castro Di Tian Lay’s actions constituted a violation of Section 30 of Act No. 1519 . The Supreme Court affirmed the conviction, holding that the act of placing a piece of wood to diminish the capacity of an officially sealed measure, with fraudulent intent, falls squarely under Section 30 of Act No. 1519 . Section 30 penalizes “Any person who, fraudulent intent, alters any scale or balance, weight or measures after it is officially sealed or who knowingly uses false scale or balance, weight or measure.”
The Court rejected the defense’s claim that the evidence was planted, finding it incredible and insufficient to overcome the prosecution’s strong evidence, including Di Tian Lay’s own admission. The Court also noted that while Article 577, paragraph 3 of the old Penal Code previously addressed similar offenses, it had been repealed by Act No. 1519 , making the latter the applicable law.
The Supreme Court affirmed the judgment, but modified the penalty imposed on Francisco Castro Di Tian Lay to simply three months of imprisonment, in accordance with Section 30 of Act No. 1519 , with costs against him.