Facts:

In the case of The United States vs. Nicolas Dy Jueco, the defendant, Nicolas Dy Jueco, was charged in the Court of First Instance of Ambos Camarines with two offenses stemming from a single incident. The first charge was for illegal possession of opium, while the second was for attempted bribery. The events unfolded on December 4, 1914, when Corporal Juan Lalizan of the Constabulary and a soldier named Pascual Portejos were traveling from Daet to Talisay. They encountered the accused, who was riding in a calesa. Upon stopping him to request matches for a cigarette, the soldiers noticed that Jueco turned pale, raising their suspicions that he was carrying something illicit. Upon searching him, they discovered a tin can wrapped in paper in his right trouser pocket, which contained approximately 150 grams of opium. When confronted, Jueco admitted that the substance was indeed opium and attempted to bribe the soldiers with P50 to avoid arrest. The soldiers confiscated both the...

Facts:

1. Incident Details:
On December 4, 1914, Corporal Juan Lalizan and Soldier Pascual Portejos of the Constabulary were traveling from Daet to Talisay when they encountered the accused, Nicolas Dy Jueco, in a calesa. The corporal stopped the accused to ask for matches to light his cigarette.

2. Suspicion and Search:
Upon stopping the accused, the soldiers noticed that he turned pale, raising suspicions that he might be carrying something prohibited. They decided to search him and found a tin can wrapped in paper and a piece of rag in the right-hand pocket of his trousers. The soldiers identified the contents as opium.

3. Admission and Bribery Attempt:
The accused admitted that the substance was opium and offered the soldiers P50 to avoid arrest and prosecution. The soldiers confiscated both the opium and the money, leading to the initiation of legal proceedings against the accused.

4. Evidence Presented:
The tin can, containing approximately 150 grams of pure opium, was exhibited in court as Exhibit A. The prosecution presented testimony from the two Constabulary soldiers, a disinterested witness (Victoriano de los Santos), and the extrajudicial confession of the accused.

5. Legal Context:
The trial court found the accused guilty of illegal possession of opium and attempted bribery. The opium and the P50 offered as a bribe were declared confiscated in favor of the government.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Illegal Possession of Opium:
   The Court relied on the doctrine of animus possidendi (intent to possess) and the evidence presented, including the accused’s admission and the physical evidence (Exhibit A), to establish guilt beyond a reasonable doubt.

2. Attempted Bribery:
   The Court applied the principle that an offer of money to avoid arrest and prosecution constitutes attempted bribery. The trial court correctly classified the offense under Article 387 in relation to Article 383 of the Penal Code, as the accused’s actions did not meet the higher threshold required under Article 381.

3. Confiscation of Evidence:
   The Court affirmed the confiscation of the opium and the bribe money, consistent with the government’s authority to seize contraband and proceeds of illegal activities.