G.R. No. L-8960; November 28, 1913

FACTS:
Three secret service agents entered a locked room through a window and surprised four Chinamen. One was caught in the act of smoking opium. Another was lying beside him, half-asleep and apparently under the influence of a drug. The other two, including the appellant Ong Kim, were found sleeping profoundly. When awakened, the sleepers staggered and behaved like drunken men, conduct consistent with being stupefied from opium smoking. All four were arrested and convicted for violating the opium laws. Only Ong Kim appealed his conviction.

ISSUE:
Was the evidence sufficient to convict Ong Kim of the crime of smoking opium, considering he was not caught in the act but was found sleeping in the same room?

RULING:
Yes. The Supreme Court affirmed the conviction. The Court held that, in the absence of any satisfactory explanation from the accused for his condition and considering all the surrounding circumstancesspecifically, being found in a locked room with individuals actively using opium and exhibiting symptoms of opium intoxicationthe trial court correctly concluded that Ong Kim was guilty of smoking opium. The judgment of conviction was affirmed, but the sentence was modified by substituting a fine of P300 for the prison sentence. Costs were imposed on the appellant.