Facts:

The case involves the defendant El Chino Chia-Tua, who was charged with violating Section 15 of Act No. 1761, which regulates the sale of opium. The events took place in February 1908 in the municipality of Surigao, Province of Surigao. The complaint against Chia-Tua stated that he engaged in the sale of opium without having obtained the necessary license from the Collector of Internal Revenue and without paying the corresponding tax. The prosecution's evidence included testimonies that established Chia-Tua sold opium to a certain Lucio Sanchez during the specified month. At trial, the defendant did not present any evidence but claimed that the prosecution's witnesses contradicted themselves. However, the court found that the alleged contradictions were minor and did not undermine the essential facts of the case. The lower court convicted Chia-Tua and sentenced him to one year of imprisonment and a fine of P2,000, with a provision for subsidiary imprisonment in ...

Facts:

1. Parties Involved:

• Plaintiff and Appellee: The United States.
• Defendant and Appellant: El Chino Chia-Tua.

2. Charge:
The accused was charged with violating Section 15 of Act No. 1761 for engaging in the sale of opium without a license. The complaint alleged that during February 1908, in Surigao, the accused willfully and unlawfully sold opium without obtaining the required license or paying the corresponding tax.

3. Trial Proceedings:

• The accused did not present any evidence during the trial.
• The defense argued that the prosecution witnesses contradicted themselves. However, the court found these contradictions to be minor and irrelevant to the essential facts of the case.
• The prosecution witnesses testified that the accused sold opium to Lucio Sanchez on a specific night in February 1908 without the necessary license.

4. Lower Court Decision:
The trial court found the accused guilty under Section 15 of Act No. 1761 and sentenced him to:

• One year of imprisonment.
• A fine of P2,000.
• Subsidiary imprisonment of up to four months at a rate of P2.50 per day in case of insolvency.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Section 15 of Act No. 1761 imposes an absolute prohibition on the sale of opium without a license, regardless of the buyer's status.
2. Section 5 of Act No. 1761 applies only to licensed sellers who sell opium to unauthorized persons (i.e., those not listed as physicians, pharmacists, or registered users).
3. The distinction between the two sections lies in the requirement of a license:
   • Section 15 makes a license a prerequisite for any sale of opium.
   • Section 5 regulates the sale of opium by licensed sellers to specific authorized persons.
4. The trial court correctly applied Section 15 because the accused was unlicensed, and the sale was made without any regard to the buyer's status.