G.R. No. L-4715

THE UNITED STATES, plaintiff-appellee, vs. EL CHINO CHIA-TUA, defendant-appellant.

January 26, 1909

FACTS:
El Chino Chia-Tua was charged with violating Section 15 of Act No. 1761 for selling opium in February 1908 without having first obtained a license from the Collector of Internal Revenue. The prosecution’s evidence established that he sold opium to Lucio Sanchez without the required license. The trial court found the accused guilty under Section 15 of Act No. 1761 and sentenced him to one year imprisonment and a P2,000 fine. The Attorney-General contended that Section 5 of Act No. 1761 , not Section 15, should have been applied.

ISSUE:
Which provision of Act No. 1761 (Section 15 or Section 5) is applicable to a person who sells opium without having first obtained a license to do so?

RULING:
The Supreme Court AFFIRMED the trial court’s application of Section 15 of Act No. 1761 , but modified the penalty.

The Court held that Section 15 applies to persons who sell opium without having first secured the required license. This section imposes an absolute prohibition on engaging in the sale of opium without a license, irrespective of the purchaser’s identity. Section 15 makes the license an indispensable requisite for anyone to engage in the sale of opium.

In contrast, Section 5 applies to persons who already possess a license to sell opium but violate the conditions of that license by selling the drug to unauthorized individuals (i.e., persons other than duly licensed physicians, pharmacists, authorized dealers, or registered opium users in licensed dispensaries).

Since El Chino Chia-Tua sold opium without any license, his actions squarely fell under the prohibition of Section 15.

The Court, considering all circumstances, reduced the penalty to two months imprisonment and a fine of P500, with subsidiary imprisonment not exceeding twenty days in case of insolvency.