[G.R. No. 12845. September 26, 1917.

] law upon a person convicted for the first time of having a

THE UNITED STATES, Plaintiff-Appellee, v.
FRANCISCO GAFFUD and MARIA
ANASTACIO, Defendants. FRANCISCO
GAFFUD, Appellant.
B. Pobre for Appellant.
Acting Attorney-General Paredes for Appellee.
SYLLABUS
1. OPIUM LAW; PENALTY FOR POSSESSION OF OPIUM. —
It is the practice of this court, in the exercise of its
discretion, to impose the minimum penalty provided by
law upon a person convicted for the first time of having a
small quantity of opium in his possession. (U. S. s. Lim
Sing [1912], 23 Phil., 424; U. S. v. Sy Liongco [1915], 33
Phil., 53; U. S. v. Ong Siu Hong [1917], 36 Phil., 735, and
other cases.) Where, however, it is established that the
accused is a person of standing in the community, there is
sufficient reason for the imposition of a more severe
penalty.
small quantity of opium in his possession. (U. S. v. Lim
Sing [1912], 23 Phil., 424; U. S. v. Sy Liongco [1915], 33
Phil., 53; U. S. v. Ong Siu Hong [1917], p. 735, ante, and
other cases.) We should, however, consider one attendant
circumstance herein as taking the facts out of the proper
scope of this rule and as sufficient reason for the
imposition of a more severe penalty — i. e., the defendant
and appellant was a justice of the peace. The fall of an
ignorant opium fiend might be condoned, as far as lies in
judicial discretion. The violation of the same statute by a
person of standing in the community, tending to exploit
the vice and to bring the law into disrepute, cannot so
easily be overlooked. In consequence of what has been
said, we modify the judgment of the lower court and
sentence the defendant and appellant to four months
imprisonment, to pay a fine of P400, or to suffer
subsidiary imprisonment in case of insolvency, and to pay
one-half the costs of the first instance and the costs of
this instance. So ordered.
Arellano, C.J., Johnson, Carson, Araullo and Street, JJ.,
concur.

2. ID.; ID. — A justice of the peace, convicted of the

illegal possession of various articles used in smoking
opium and of a small amount of the drug, sentenced to
four months imprisonment and a fine of P400.

DECISION

MALCOLM, J. :

Two Constabulary soldiers, taking a walk through the

municipality of Naguilian, Province of Isabela, passed the
house in which lived Francisco Gaffud, justice of the peace
of Naguilian, and his wife Maria Anastacio. Thinking that
they smelt opium, the soldiers passed into the yard and
finding the doors and windows of the house closed, finally
discovered an opening through which they looked into the
house and saw Gaffud smoking opium. Returning to the
cuartel, the soldiers reported to their commanding officer
who procured a warrant from the judge of first instance
for the search of the house occupied by Francisco Gaffud
and his wife. In the possession of the wife Maria
Anastasio, and elsewhere in the house, were found
various articles used in smoking opium together with a
small amount of the drug. During the trial of the case, the
judge made an inspection of the house and found that the
story of the soldier as to their being able to look through a
hole and see Gaffud smoking opium was plausible. The
sole witness for the defense was the accused Maria
Anastasio, who confessed her guilt and endeavored to
relieve her husband of criminal responsibility.

The trial court found the defendant and appellant

Francisco Gaffud guilty as charged and sentenced him to
three months imprisonment, to pay a fine of P300 or to
suffer subsidiary imprisonment in case of insolvency, and
to pay one-half of the costs. The findings of fact, on which
this judgment is based, are in accord with the proof. The
sentence likewise would ordinarily not be disturbed for it
is the practice of this court, in the exercise of its
discretion, to impose the minimum penalty provided by