G.R. No. 5728 - People vs Phelps

James O. Phelps, a 30-year-old man, was charged before the Court of First Instance of Jolo in Moro Province for allegedly violating Act No. 1761.
The charge centered on the act of smoking opium on one occasion, with no allegation of possession of the drug or any smoking paraphernalia.

Homer G. Smith, an employee of the Bureau of Internal Revenue acting under the alias Lockwood, was the sole prosecution witness.
Smith stated that he first saw the accused in April 1909 at the International Saloon in Jolo, where he overheard the accused mention his occasional opium smoking.
He claimed that after a subsequent conversation where the accused admitted to smoking opium, Smith decided to monitor him.
Smith arranged to meet the accused on several occasions:

Initially, the accused explained that he could not provide a suitable smoking room because the local Chinamen were afraid.
On a later occasion, the accused and Smith went together to the house of a Chinaman in the barrio of Tulay.
At this location, the Chinaman prepared opium and a pipe for smoking; the accused paid the Chinaman P2 while Smith paid P1.
After the arrangement, Smith procured a warrant for the arrest of both the accused and the Chinaman.

Phelps testified that Smith had visited his residence, inquiring about opium smoking and a referral for a pipe.
He recounted that on one occasion, upon Smith’s claim of needing opium due to illness, he directed Smith to seek medical attention.
He agreed to have his servant, a Chinaman, help Smith in procuring a pipe; they went to the Chinaman’s residence where the arrangement was made.
Phelps noted that he did not observe whether Smith actually smoked as they left, and that he was subsequently arrested about forty minutes later.

The Chinaman testified that he prepared and supplied the pipe and opium to Smith after repeated requests.
The chief of police confirmed that, at the time of arrest, the accused and the Chinaman had not engaged in further communication.
Doctor De Krafft, examining the accused approximately one and a half to two hours later, testified that the accused was robust and showed no physical signs of habitual opium use.

Smith, while employed by the government, concealed his true purpose by assuming an alias and taking up employment in Jolo.
His actions, including inducing the accused to engage in the act by repeatedly arranging meetings, were later considered as having ulterior motives.

Whether the evidence presented was sufficient to prove that Phelps intentionally smoked opium.
Whether mere engagement in a single act of opium smoking, absent possession of the drug or paraphernalia, constituted a violation.

Whether the testimony of Smith, a government employee acting in an undercover capacity, can be considered reliable.
Whether Smith’s conduct in orchestrating the circumstances leading to the alleged offense constitutes entrapment that undermines his evidence.

Whether the testimony of the Chinaman and the medical examination corroborated the defense’s version of events.
Whether the overall circumstantial evidence was sufficient to sustain a conviction.