G.R. No. L-8947, December 24, 1913
THE UNITED STATES, plaintiff-appellee, vs. DY LUCHIAT, defendant-appellant.

FACTS:
The defendant-appellant, Dy Luchiat, pleaded guilty in the trial court to a charge of violating the Opium Law. He was sentenced to three months of imprisonment, a fine of P100, subsidiary imprisonment in case of insolvency and non-payment of the fine, and payment of his share of the costs. On appeal, the defense argued, citing the precedent of United States vs. Lim Sing, that the sentence should be modified by replacing the prison term with a fine of not less than P300, as this was the appellant’s first conviction under the Opium Law. The trial judge, however, had imposed the prison sentence based on the finding that the quantity of opium seized from the appellant (four or five ounces) was sufficient to raise a presumption that he was engaged in trafficking or “exploiting the vice.”

ISSUE:
Whether the trial court’s imposition of a prison sentence and a fine of P100 was in accordance with the penalties prescribed by the Opium Law.

RULING:
The Supreme Court affirmed the conviction but modified the penalty. The Court held that while the trial judge’s inference of trafficking from the quantity of opium might be questionable, it found no sufficient justification to disturb the discretion exercised in imposing a prison sentence. However, the Court ruled that the imposition of a P100 fine was erroneous. The Opium Law expressly mandated a minimum fine of P300 in all cases where a fine is imposed, whether as the sole penalty or in conjunction with imprisonment. Consequently, the Supreme Court modified the sentence by striking out the fine of P100 and the corresponding subsidiary imprisonment. The modified sentence imposed was three months of imprisonment and payment of costs. The judgment was affirmed in all other respects.