THE UNITED STATES Vs AH SING
G.R. No.: L-13005 October 10, 1917
Facts:
Ah Sing is a subject of China employed as a fireman on the steamship Shun Chang, a foreign steamer which arrived at the port of Cebu after a direct voyage from the port of Saigon on April 25, 1917. Ah Sing bought 8 cans of opium in Saigon and brought them on board 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 8 cans of the prohibited drug. There is no other evidence, direct or indirect, to show that the intention of the accused was to illegally import the opium in the country.
Issue:
Whether or Not the crime of illegal importation can be proven against Ah Sing
Ruling:
Yes. As applied to the Opium Law, the Court expressly hold 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. Applied to the facts herein, it would be absurd to think that the accused was merely carrying opium back and forth between Saigon and Cebu for the mere pleasure of so doing. It would likewise be impossible to conceive that the accused needed so large an amount of opium for his personal use. No better explanation being possible, the logical deduction is that the defendant intended this opium to be brought into the Philippine Islands.
Thus, the Court accordingly found that there was illegal importation of opium from a foreign country into the Philippine Islands. To anticipate any possible misunderstanding, let it be said that these statements do not relate to foreign vessels in transit, a situation not present.