©2009-002306 |1 People of the Philippine Islands, plaintiff and and appellee appellee, vs. Lua Chu and Uy Se Tieng, defendants and appellants
(Ponente: Villa-real, J.; 01September1931) 01September1931) GR No. 34917; 56 Phil 44 Facts: The accused Uy Se Tieng, an agent of the real owners of the Shipments of Opium, wrote to his correspondent in Hongkong to send him a shipment of opium. This opium had been in Hongkong for sometime, awaiting a ship that would go directly to Cebu. The Collector of Customs of Cebu received information that the accused was intending to land opium in the port. Juan Samson, a secret serviceman, pretended to smooth the way for the introduction of the prohibited drug. Samson then promised the accused that he would remove all the difficulties in the way, and for this purpose agreed to receive in exchange P6,000: P2,000 for Juan Samson, P2,000 for Joaquin Natividad, and the remaining P2,000 would be distributed among certain employees in the customhouse. Upon arrival arrival of the shipment of o opium pium in the ports of Cebu, Uy Se Tieng, informed Samson that the former consulted the real owners on how to proceed with the payment of P6,000 and will come over to Samson ’s house on to inform the decision of the owners. On the same day Samson informed the Constabulary headed by Colonel Francisco who instructed the provincial commander, Captain Buencosejo to discuss the capture of the opium owners. Jumapao, a stenographer, through the provincial fiscal and in the presence of Captain Buencosejo, was asked to take the down the conversation Samson would have with Uy Se Tieng. Upon the rendezvous, Captain Buencosejo and Jumapao hid themselves behind the curtains in the house of Samson to witness the conversation between Samson, Uy Se Tieng, and Lua Chu. The following morning, Uy Se Tieng and Uy Ay, a companion, presented papers to Samson. Captain Buencosejo showed up and arrested the two Chinese. The Constabulary arrested Lua Chu and seized the 3,252 tins of opium worth P50,000. The agents of the law had the accused prosecuted. Issue: Whether the trial court erred in excluding Juan Samson as one of the accused moreso an instigator. Ruling: It is true that Juan Samson smoothed the way for the introduction of the prohibited drug, but that was after the accused had already planned its importation and ordered for said drug. Juan Samson neither induced nor instigated the accused to import the opium in question, but pretended to have an understanding with the Collector of Customs, who had promised them that he would remove all the difficulties in the way of their enterprise so far as the customs house was concerned. This is not a case where an innocent person is induced to commit a crime merely to prosecute him, but it is simply a trap set to catch a criminal. Therefore, the mere fact that the chief of customs secret service pretended to agree to a plan for smuggling illegally imported opium through the customhouse, in order to better the seizure of said opium and the arrest of its importers, is no bar to the prosecution and conviction conviction of the accused. accused. Entrapment 1. The practice of entrapping persons into crime for the purpose of instituting criminal prosecutions. 2. It is a scheme or technique ensuring the apprehension of the criminals by being in the actual crime scene. 3. The law officers shall not be guilty to the crime if he have done the following: a. He does not induce a person to commit a crime for personal gain or is not involved in the planning of the crime. crime. b. Does take the necessary steps to seize the instrument of the crime and to arrest the offenders before he obtained obtained the the profits in mind. Instigation This is the involvement of a law officer in the crime itself in the following manners: 1. He induces a person to commit a crime for personal gain. 2. Doesn’t take the necessary steps to seize the instrument of the crime and to arrest the offenders before he obtained the profits in mind. 3. He obtained the profits in mind even through afterwards does take the necessary steps seize the instrument of the crime and to arrest the offenders.
