People vs.

Lua Chu and Uy Se Tieng

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 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:
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 of the accused.