G.R. No. L-5654

THE UNITED STATES, plaintiff-appellee, vs. FELIPE QUINTANAR, ET AL., defendants-appellants.

August 27, 1910

FACTS:
Appellants Felipe Quintanar, Gorgonio Saniel, and Justo Modelo were accused, tried, and convicted by the Court of First Instance of Cebu for violating Section 32 of Act No. 1761 , known as the “Opium Law.” They were caught in the act of smoking opium on the night of March 1, 1908, and sentenced to one year of imprisonment and a P500 fine each, with corresponding subsidiary imprisonment in case of insolvency. On appeal, they contended that they could not have been legally convicted under Section 32 because, according to the Spanish translation (“despues del primero de Marzo”), the law’s provisions did not go into effect until after March 1, 1908.

ISSUE:
I. Whether Section 32 of Act No. 1761 , which provides that it takes effect “on and after March 1, 1908” (English text), could be applied to an act committed on March 1, 1908, despite a conflicting Spanish translation (“despues del primero de Marzo”).
II. Whether the penalties imposed by the lower court were appropriate given the circumstances.

RULING:
I. Yes. The Supreme Court held that the English text of Section 32 of Act No. 1761 , stating “on and after March 1, 1908,” is the governing text, pursuant to Section 1 of Act No. 63 . The Spanish translation (“despues del primero de Marzo”) was deemed incorrect. Therefore, the appellants could be legally convicted for violating the law on March 1, 1908, and their guilt was established beyond reasonable doubt by being caught in the act.

II. No. While the original penalties were within the limits of the law, the Court found them “too severe” in strict justice. Considering that the crime was committed on the very day the section went into effect and that it was the appellants’ first offense, the penalties were reduced. The judgment of the lower court was reversed, and each appellant was sentenced to three months imprisonment and to pay one-third of the costs of the cause.