The United States vs.

Ah Sing
G.R. No. 13005. October 10, 1917
Malcolm, J.

Facts: Ah Sing, a Chinese national, is a fireman on the steamship Shun Chang. The Shun Chang is a foreign
vessel which arrived at the port of Cebu on April 25, 1917, directly from the port of Saigon. Upon arrival
at the port of Cebu, authorities made a search on the vessel and found 8 cans of opium hidden in the
ashes below the boiler of the steamer’s engine. The above-mentioned cans of opium turned out to be Ah
Sing’s, which he purchased from Saigon and had them in his possession for the duration of the vessel’s
sail form Saigon to Cebu. He confessed ownership of the opium, and his purchase of such in Saigon, but
he didn’t confess the purpose of buying the opium. He also said that it was not his intention to import the
prohibited drug into the Philippines.

The lower courts, RTC and CA both found the defendant guilty of the crime of illegal importation of opium
in the Philippines, which was also affirmed by the Supreme Court.

Issue/s: WON the crime of illegal importation of opium in the Philippines has been proven?

Holding: In this case, the court cited the beginning of Section 4 of Act No. 2381, which provides
that, “Any person who shall unlawfully import or bring any prohibited drug into the Philippine Islands”. It
is noted that the words “import” and “bring” were used, and that these words are synonymous. In
addition to this, the Federal Court of the United States held that the mere act of going into port, without
breaking bulk, is prima facie of evidence of importation. (The Mary [U.S.], 16 Fed. Cas., 932, 933.)

Rationale: in the above-mentioned act, it is expressly held that when a prohibited drug is found in
the possession of an individual on a vessel that directly came from a foreign country and is holding port
within the jurisdictional limits of the Philippines, then that individual is in the act of unlawfully importing
prohibited drugs in our country. It was also taken into consideration the fact that such a large amount of
opium is found in his possession to be solely intended for his personal use, and that there is absurdity in
the thought of carrying opium back and forth between Saigon and Cebu for no other purpose except the
mere pleasure of doing so.
The United States vs. Ah Chong
G.R. No. 5272. March 19, 1910
Carson, J.

Facts: Ah Chong, the defendant in this case, is an employed cook at “Officers’ quarters, No. 27” located
at Fort McKinley, Rizal Province. At the same time, one Pascual Gualberto, was also employed as a
muchacho or house boy at the same place. “Officers’ quarters No. 27” is a detached house approximately
located at 40m from the nearest building. In August 1908, only the two servants mentioned jointly
occupied and slept in a small room toward the rear of the building. The door of said room opened to a
porch, which was covered by a thick growth of vines, both in length and height. The door, having no
permanent lock installed, was equipped by the occupants with a small hook or catch on the inside, and
places a chair against it to augment the lack of security thereof.

On August 14, 1908, approximately 10 o’clock in the evening, defendant was already settled in
bed when suddenly he was awakened by someone trying to forcefully open the room’s door. Sitting up
and calling twice “Who is there?” but to no avail as there was no response but the persistent pushing of
the door from the outside. Darkness prevails in the room due to the thick growth of vines along the front
porch, and Ah Chong, in fear that the intruder was a robber or a thief, uttered “If you enter the room, I
will kill you.” Thereafter, defendant was struck just above the knee by the edge of the chair which was
placed against the door, which he thought was inflicted by the intruder. Ah Chong then grabbed a regular
kitchen knife which was hidden under his pillow and struck out wildly at the intruder, who turned out to
be his roommate, Pascual. Pascual was conveyed to a military hospital, but eventually died from the effect
of the wound the following day.

Issue/s: WON an individual may be held criminally liable for homicide or assassination, given that mistake
of facts was present during the commission of the act

Holding: In the case of Ah Chong, the court cited Article 1 of the Penal Code which provides that:

"Crimes or misdemeanors are voluntary acts and omissions punished by law.

"Acts and omissions punished by law are always presumed to be voluntary unless the contrary
shall appear.

"Any person voluntarily committing a crime or misdemeanor shall incur criminal liability, even
though the wrongful act committed be different from that which he had intended to commit."

Rationale: The court held Ah Chong acquitted of the alleged crime, reasoning that under such
circumstances, there is no criminal liability, provided that the ignorance or mistake of fact was not due to
negligence or bad faith. In other words, if such ignorance or mistake of facts is enough to negate a
particular intent which, under the law, is a necessary ingredient of the offense charged, it dissolves the
presumption of intent in the performance of the act.