G.R. No.

34917 September 7, 1931

The People of the Philippine Islands vs. Lua Chu and Uy Se Tieng

FACTS:

Samson who was the chief of customs secret service in Cebu and Natividad, the former collector of
customs collaborated and were instructed by Uy Se Tieng to make sure that the shipment of opium be
unloaded in the country. In return, the accused would pay them P6000 upon the safe release of opium
from customs. Samson went along the plan and informed the Philippine Constabulary, all that took place
with regards to the plan of them in capturing the opium dealers or owners. On the night of December 17,
1929, Captain Buencosejo and Jumapao, a stenographer hid themselves behind the curtains in the house
of Samson in order to witness the conversation of Uy Se Tieng, Lua Chu and Samson. The next morning,
the two Chinese were arrested after Uy Se Tieng handed papers that consists bills of lading to his
companion, Uy Ay.

ISSUE:

Whether or not Juan Samson induced the defendants to import opium in the country.

RULING:

No. The court held Juan Samson neither induced nor instigated the defendant to import opium here in
the country. Provided the fact that Samson pretended to agree in the plan of smuggling illegally imported
opium through the customhouse for him to be able to assure the seizure of the said opium and the arrest
of its importers, is no bar to the prosecution and conviction of the latter. It cannot be concluded that he
induced or instigated the accused to import the opium as he only pretended in order to have an
understanding with the collector of customs. There is no mistake in the case at bar that would prevent
the government from penalizing and prosecuting the culprits as it was not a case where an innocent
person is induced to commit a crime. Hence, what had happened was not an instigation nor inducement,
it was an entrapment.