G.R. No. L-8535; August 6, 1913
THE UNITED STATES, plaintiff and appellee, vs. TIN TONG GUIM, VICTORIA SANTIAGO, and PU TO WA, defendants.

FACTS

The defendants Tin Tong Guim, Victoria Santiago, and Pu To Wa were charged with violating section 31 of Act No. 1761 for the illegal possession of opium. On October 6, 1912, in Manila, they were alleged to have had in their possession and under their control 16 kilos and 900 grams of opium without authorization. After trial, the court acquitted Pu To Wa due to insufficient evidence. Tin Tong Guim and Victoria Santiago were found guilty and each sentenced to pay a fine of P1,000. They appealed. During the trial, Victoria Santiago attempted to testify that the opium belonged to her husband, who was in China, but the court sustained an objection to this testimony. Evidence showed the opium was found in a house with Victoria Santiago and Pu To Wa, along with empty cans, soldering materials, a pipe, and scales. Policemen testified they saw Tin Tong Guim at the scene, and he fled upon their entry. Tin Tong Guim presented an alibi, claiming he was at his own house at the time, which the trial court disbelieved.

ISSUE

Whether the trial court erred in (1) excluding Victoria Santiago’s testimony that the opium belonged to her husband; (2) similarly, in effect, as the first; and (3) finding Tin Tong Guim and Victoria Santiago guilty.

RULING

The Supreme Court affirmed the convictions but modified the penalties. On the first and second assignments, the Court found that even if the exclusion of Victoria Santiago’s testimony was erroneous, it was not prejudicial. The charge was illegal possession, not ownership. Her admission of possession, coupled with the circumstances (the large quantity of opium, paraphernalia for repacking, and scales), established guilt beyond reasonable doubt. On the third assignment, the evidence sufficiently supported the convictions. For Tin Tong Guim, the alibi was rejected as the trial court credited the policemen’s testimony that he was at the scene and fled, and that he was not at his house when they checked. The circumstances indicated they were engaged in opium trafficking, a more serious offense, which was considered in imposing a higher penalty. The modified sentence imposed on each appellant a fine of P1,000, with Tin Tong Guim also sentenced to six months imprisonment and Victoria Santiago to three months imprisonment, plus subsidiary imprisonment in case of insolvency and proportional costs.