7. People vs.

Lua, Chu Name of Digester: Fred Bucu

G.R. No. 34917 Date: September 7, 1931 Ponente:

Subject / Syllabus Topic: II. E. Circumstances Affecting Criminal Liability: c) Exempting Circumstances: ii. Specific
Circumstances - Table 6: Absolutory Causes and Other Special Situations - Entrapment and Instigation
Petitioner: THE PEOPLE OF THE PHILIPPINE Respondent: LUA CHU and UY SE TIENG
ISLANDS
Doctrine: Art. 12 RPC
Recit Summary:
 The mere fact that the chief of the customs secret service pretended to agree to a plan for smuggling illegally imported
opium through the customhouse, in order the better to assure the seizure of said opium and the arrest of its importers,
is no bar to the prosecution and conviction of the latter.
Facts:
 The accused Uy Se Tieng, an agent of the real owners of the Shipments of Opium, wrote to his correspondent in
Hongkong on November 1929 to send him a shipment of opium. This opium had been in Hongkong for some time,
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 of the shipment of opium 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/s: Ruling:
 W/N Juan Samson is supposed to be one of the  Lower court’s decision of 4 years imprisonment is
accused moreso an instigator. AFFIRMED.
Holding:
 NO. 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 of the
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 has 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. b. Does take the necessary
steps to seize the instrument of the crime and to arrest the offenders before he obtained 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.