THE PEOPLE OF THE PHILIPPINE ISLANDS vs.LUA CHU and UY SE TIENG

G.R. No. 34917, September 7, 1931
Villa-Real

FACTS

Lua Chu and Uy Se Tieng were convicted of the illegal importation of opium. On
November, 1929, Tieng wrote to his correspondent in Hongkong to send him a shipment of
opium. Tieng went to Juan Samson's house and told him that the opium shipment consisted of
3,000 tins for P2 a tin, and that opium is in the vessel Kolambugan, awaiting shipment direct to
Cebu. When the vessel arrived, Tieng was told that he must pay over the P 6000 before the
opium be taken out. The next day, Samson informed of what had taken place to Colonel
Francisco, who then instructed the Captain Buenconsejo, to discuss the capture of the opium
owners with Samson. Samson also went to the office of the provincial fiscal, reported the same,
and asked for a stenographer to note his conversation with Tieng that night and in the presence
of Captain Buenconsejo.

On December 17, 1929, Buenconsejo, Fernando, and the stenographer went to

Samson's house and concealed themselves behind a curtain made of strips of wood. Samson
asked Tieng where the opium was, and the latter answered that it was in the cases numbered
11 to 18  –  a total of 3,252 tins. Tieng returned later that night with Lua Chu, who said he was
not the sole owner of the opium. Samson then interrogated Chu on when the former was going
to get the opium, on whether Chu had brought the money, on how he had come to bring in the
opium;
Chu would answer them, while Buenconsejo listened in. As Tieng was handing certain papers
over to his companion, Uy Ay; Buenconsejo, who had been hiding, appeared and arrested the
two men. After the two to the Constabulary headquarters, and notified the fiscal, Buenconsejo
and Samson went to Chu's home to search it and arrest him, and took him to the Constabulary
headquarters, and then went to the customhouse to examine the cases marked.
Contention of the accused: The accused principal defense was that they were induced
by Samson to import the opium in question Contention of the state: The state contends that
the defendants do not deny their participation in the act in question. Samson denied his
connection with the offense for purposes of gain; further contending that he smoothed the way
for the introduction of the prohibited drug, but he did not do so to help them carry their plan to
a successful issue, rather to assure the seizure of the imported drug and the arrest of the
smugglers. 

ISSUE
Whether or not the Samson instigated the accused to import opium.

RULING
The Supreme Court ruled that Samson neither induced nor instigated the herein accused
to import the opium in question, but pretended to have an understanding with
Natividad; not to gain the P2000 intended for him out of the transaction, but in order the better
to assure the seizure of the prohibited drug and the arrest of the surreptitious importers. There
is certainly nothing immoral in this or against the public good which should prevent the
Government from prosecuting and punishing the culprits, for this is not a case where an
innocent person is induced to commit a crime merely to prosecute him, but it simply a trap set
to catch a criminal.
The mere fact that the Samson pretended to agree 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