G.R. No. L-9415; October 13, 1914
THE UNITED STATES, plaintiff-appellee, vs. ONG TO, defendant-appellant.

FACTS:
The defendant-appellant, Ong To, was the lessee of a house. Around midnight, he and another Chinese man, Lim Cui, were arrested in a room of that house. Lim Cui was found on a bed smoking opium, while Ong To was standing nearby. Opium and smoking utensils were discovered in the room. Upon arrest, Lim Cui initially denied ownership of the contraband but, after being spoken to by Ong To in Chinese, claimed the articles were his. The prosecution sought to prove that the house was an “opium joint” by introducing evidence of prior searches conducted at the same premises, during which opium paraphernalia were found. The defense contested the admissibility of this evidence. The trial court found that Lim Cui was not a resident of Ong To’s house, a finding supported by the evidence (e.g., Lim Cui’s wife resided elsewhere with his documents, and a witness testified never having seen Lim Cui at the house). Ong To had a prior conviction for illegal possession of opium dated April 23, 1910.

ISSUE:
Whether the evidence presented, including that of prior searches and the circumstances of the arrest, is sufficient to sustain Ong To’s conviction for illegal possession of opium.

RULING:
Yes, the conviction is affirmed. The Court held that evidence of prior searches resulting in the discovery of opium or related utensils is competent and admissible to establish the character of the premises as an “opium joint,” provided it is shown that the defendant was in occupancy and control of the house at the time of those searches. While the evidence regarding Ong To’s occupancy during the prior searches was not fully satisfactory, this was not fatal to the conviction. The circumstances of the arrestOng To’s presence in the room with Lim Cui, who was actively smoking opium; the immediate availability of opium and utensils; Ong To’s prior conviction for the same offense; and the lack of a satisfactory explanation for the contraband’s presencecollectively established a prima facie case of illegal possession under the doctrine of United States vs. Bandoc (23 Phil. Rep., 14). The trial court’s finding that the opium and utensils belonged to Ong To, not Lim Cui, was sustained. No prejudicial error was found in the proceedings. The judgment of conviction was affirmed, with costs against the appellant.