Case Summary (G.R. No. L-13013-14)
Charges and Convictions
The defendant, Nicolas Dy Jueco, faced two charges stemming from a single incident: illegal possession of opium and attempted bribery. The Court of First Instance of Ambos Camarines convicted him on both counts. For the illegal possession of opium, he received a sentence of four months imprisonment, a fine of P400, or subsidiary imprisonment in case of insolvency, along with the payment of costs. For the attempted bribery charge, he was fined P100 or subjected to subsidiary imprisonment if unable to pay, also with costs to be borne by him.
- Two charges: illegal possession of opium and attempted bribery.
- Convicted in the Court of First Instance of Ambos Camarines.
- Sentenced to four months imprisonment and a fine of P400 for opium possession.
- Fined P100 for attempted bribery, with subsidiary imprisonment for insolvency.
- Costs imposed on the defendant.
Incident Details
On December 4, 1914, Constabulary soldiers Juan Lalizan and Pascual Portejos encountered the defendant while traveling from Daet to Talisay. Upon stopping him to request matches, they observed his pale demeanor, which raised their suspicions. A search revealed a tin can containing opium in his pocket. The defendant admitted the substance was opium and attempted to bribe the soldiers with P50 to avoid arrest. The soldiers confiscated both the opium and the bribe money, leading to the prosecution.
- Date of incident: December 4, 1914.
- Constabulary soldiers stopped the defendant for matches.
- Suspicion arose from the defendant's pale appearance.
- Search revealed a tin can with opium.
- Defendant admitted possession and attempted to bribe soldiers with P50.
- Opium and bribe money were confiscated.
Evidence and Findings
The trial court's findings were supported by the testimonies of the two soldiers, a disinterested witness, and the defendant's extrajudicial confession. The evidence included the tin can, which was confirmed to contain opium. The court established that the defendant was aware of the nature of the substance he possessed and that he voluntarily offered the bribe at the time of his arrest. The court's conclusions were consistent with established legal doctrines regarding possession.
- Evidence included testimonies from soldiers and a disinterested witness.
- Extrajudicial confession of the defendant was admissible.
- Tin can confirmed to contain opium.
- Defendant's awareness of the substance was established.
- Voluntary offer of bribe at the time of arrest supported the charges.
Legal Classification of Crimes
The court classified the defendant's actions as illegal possession of opium and attempted bribery, referencing relevant articles of the Penal Code. The Attorney-General suggested a higher offense classification for bribery, but the court upheld the trial court's findings. The court affirmed the lower court's sentences for both charges, including the confiscation of the opium and the bribe money.
- Actions classified as illegal possession of opium and attempted bribery.
- Relevant articles of the Penal Co...continue reading