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[US v. POW SING ET AL.](https://www.lawyerly.ph/juris/view/c9e6?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. 7424, Nov 12, 1912 ]

US v. POW SING ET AL. +

DECISION

23 Phil. 421

[ G. R. No. 7424, November 12, 1912 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. POW SING ET AL., DEFENDANTS. POW SING, APPELLANT.

D E C I S I O N

CARSON, J.:

Pow Sirig, the appellant herein, together with one Simeon Vega, was charge with  the  illegal  importation  into the Philippine Islands of some 336 grams morphine.  The information, which was presented by one of the attorneys of the office of the prosecuting attorney for the city of Manila, was as  follows: 

"The undersigned  charges  Pow Sing and Simeon Vega with the crime of illegal importation, committed as follows: 

"That on or about September 2,  1911, in, the city  of Manila, Philippine and in Manila  Bay, within two and a half miles of the seashore of the cit Manila and within the jurisdiction of this court, the said Pow Sing and Si Vega  did willfully, illegally, criminally and fraudulently, and knowingly conspiring and  plotting between themselves, import and introduce into the Philippine Islands from a foreign country, and  aid in the  importation an introduction  into the Philippine  Islands  from a foreign country, in violation of law, effects, articles and merchandise, to wit: opium and a derivative of that is, three hundred and thirty-six (336)  grams of morphine,  worth approximately two hundred pesos (P200), Philippine  currency; and at Said and place the  said Pow Sing and Simeon Vega,  conspiring and plotting among themselves, did receive, hide, and aid in receiving and hiding said morphine, after it  had been imported, knowing that said morphine had been illegally imported into the Philippine Islands from a foreign country."

Simeon  Vega was granted a separate trial on motion of his attorney.  He was found guilty as charged and sentenced to pay a fine of P50, and the payment of one half of the costs.   From  this judgment and sentence he did not appeal.  The appellant herein, Pow Sing, was found guilty as charged i the information and sentenced to pay a fine of Pl,200,  and to the payment of one half of the  costs. From this  judgment and sentence the present appeal is prosecuted.

The evidence of record establishes that the steamer Loongsang  was anchored in Manila Bay  on  September 2,  1911, having just recently arrived from Hongkong, and  that two men had been sent by the customs officials to keep a close watch on the ship with a view of preventing the landing therefrom any contraband articles or goods of any character, and that for this purpo the men had stationed themselves in a casco moored alongside a lorcha, the latter being alongside and fastened to the steamer Loongsang. About 2.30 on the afternoon of September 2, 1911, after the men had been watching for several hours, they observed the appellant Pow  Sing deliver  a  package to the defendant Simeon Vega, and the latter immediately started down from the ship into the lorcha by means of a rope.   The officers who had been watching forthwith rushed upon, the lorcha and arrested Vega and seized th e package which  at that time was supposed to contain lottery tickets.  Upon examination later, however, the contents proved to be some 336 grains of morphine. One of the officers immediately  went upon the ship and effected the arrest of Pow Sing, who was the steward of the Loongsang.  The steamer Loongsang had just arrived from Hongkong  and the morphine contained in the package taken from Vega was  not manifested in the ship's cargo,  nor was it included  among or entered upon the ship's store provisions.

The appellant denied  that he had delivered the package to Vega, and claimed that at the time he was arrested he had just come from his room where he had been asleep, and that he had been called by an employee who said that some of the passengers wanted some  drinks.

Two other Chinos testified that Pow Sing had been asleep, and further  tha they  had seen one  Tat  Wing, another member of the crew, give a package to Simeon Vega.

This  constitutes practically  all the testimony upon this point.  The who seems to turn on the  question of the credibility of  the witnesses.  The customs officials testified positively and directly upon this point.  Both stated that they saw the appellant Pow Sing deliver the package in questio to  Simeon Vega, and the  trial judge commenting upon  this point said tha their testimony was given in such a way as to bring conviction that they w telling the truth; and added that it was easy to see that the witnesses for defense were not telling the truth.

As the fiscal points  out, this court has repeatedly held that since the t enjoys exceptional advantages for determining  and passing upon the credible of opposing witnesses testifying in  his  presence, such conclusions as the court may reach  in regard thereto will not be disturbed unless the record clearly indicates that  the trial court has fallen into error, or failed t consideration some  material matter which should have led him to arrive at different conclusion.  (See U. S. vs. Benitez and Lipia, 18 Phil. R Other question  are raised by counsel for appellant in his brief, but these to be very conclusively answered by the fiscal.

We find no errors  in the proceedings prejudicial to the rights of the accused and we are satisfied beyond a reasons able doubt as  to the guilt of the appellant of the  crime of which he was convicted.  The trial court  sentenced the convict to a fine of P1,200,  and the payment of one-half of the costs of the  proceedings, but following the practice indicated in the case of vs. Castaneda et al.  (18 Phil. Rep., 58)  and  U. S. vs. Li 7428),  recently decided,[1] we think that a  prison sentence should be  add this case, it appearing  that the convict  was engaged in the  illegal importation of the drug.   As we stated in the decision just cited, "mere however large,  do not seem to serve as a sufficient deterrent to offender this class, doubtless because the illicit gains from  the traffic in the d great, while the chances of detection and punishment are in most instances few as a result  of the comparatively small bulk of the contraband article"

The judgment of conviction of the court below is affirmed, and  the  sentenced imposed upon the convict, modified by the addition of six months' imprisonment, is also affirmed, with the costs of both instances against t appellant.

Arellano,  C.  J.,  Torres, Mapa,  Johnson, and Trent JJ.. concur.



[1] See post.

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