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US vs. Ah Sing Case Digest

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SUBJECT: Criminal Law 1

TOPIC: Scope of application and characteristics of Criminal Law: Prospectivity

US vs. Ah Sing
GR No. 13005, October 10, 1917

GENERAL RULE OF LAW/DOCTRINE


Any person unlawfully imports or brings any prohibited drug into the Philippine Islands, when the
prohibited drug is found under this person's control on a vessel which has come direct from a foreign
country and is within the jurisdictional limits of the Philippine Islands. In such case, a person is guilty of
illegal importation of the drug unless contrary circumstances exist or the defense proves otherwise.

FACTS: The defendant bought eight cans of opium in Saigon, brought them on board the
steamship Shun Chang, and had them in his possession during the trip from Saigon to Cebu. When the
steamer anchored in the port of Cebu, the authorities on making a search found the eight cans of opium.
The defendant confessed that he was the owner of this opium, and that he had purchased it in Saigon. He
did not confess, however, as to his purpose in buying the opium. He did not say that it was his intention to
import the prohibited drug into the Philippine Islands.

ISSUE: Has the crime of illegal importation of opium into the Philippine Islands been proven?

RULING: Yes, the crime of illegal importation of opium into the Philippine Islands has been proven
beyond a reasonable doubt because of the expressed provision of section 4, Act No. 2381 which begins
“Any person who shall unlawfully import or bring any prohibited drug into the Philippine Islands shall be
punished.”  As applied to the Opium Law, it expressly holds that any person unlawfully imports or brings
any prohibited drug into the Philippine Islands, when the prohibited drug is found under this person's
control on a vessel which has come direct from a foreign country and is within the jurisdictional limits of
the Philippine Islands. In such case, a person is guilty of illegal importation of the drug unless contrary
circumstances exist or the defense proves otherwise.
In the case at bar, the defendant intended the opium to be brought into the Philippine Islands despite no
confession as to his purpose and intention. A merely carrying opium back and fourth between Saigona
and Cebu for the mere pleasure; and the large amount of opium for his personal use would be impossible.
Hence, there was illegal importation of opium from a foreign country into the Philippine Islands.

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