G.R. No. L-7233, July 19, 1912
THE UNITED STATES, plaintiff-appellee, vs. CHOA TONG, defendant-appellant.

FACTS

The defendant, Choa Tong, was charged with violating the Opium Law. The complaint alleged that on or about June 24, 1911, in Manila, he willfully and unlawfully had in his possession and control three grams of opium ashes, a derivative of opium. After trial, the Court of First Instance found him guilty and sentenced him to pay a fine of P300 and costs, with subsidiary imprisonment in case of insolvency. The defendant appealed.

ISSUE

1. Whether the prosecution sufficiently proved that the substance found in the defendant’s possession was opium ashes.
2. Whether the transcription of the stenographic notes, done by a different stenographer after the original stenographer’s death, was admissible and valid for the appeal.

RULING

The Supreme Court affirmed the lower court’s judgment.
1. On the Nature of the Substance: The Court held that the prosecution sufficiently proved the substance was opium ashes. By mutual agreement, the substance was submitted to the Bureau of Science for analysis. The Bureau’s report stated it was opium ashes. The defense did not object to the form or substance of this report during the trial. An objection raised for the first time on appeal, especially one relating merely to the form of the report, was deemed too late. Had an objection been timely made, the prosecution could have cured any formal defect.
2. On the Stenographic Notes: The Court found no merit in the objection to the transcribed notes. The original stenographer died before transcribing his notes. Another official stenographer, familiar with the same system of stenography, transcribed and certified them to be a full and correct transcript to the best of his knowledge and belief. In the absence of any proof that the transcription was incorrect, the Court accepted it as a true and correct record of the trial proceedings.

Arellano, C.J., Mapa, Carson, and Trent, JJ., concurred.