[ G.R. No. 5809. December 22, 1910 ] 18 Phil. 58
[ G.R. No. 5809. December 22, 1910 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. NICANOR CASTAÑEDA AND CRISPULO EDRALIN, DEFENDANTS AND APPELLANTS. D E C I S I O N
CARSON, J.:
While this case was pending on appeal, the defendant, Nicanor Castaneda, withdrew his appeal, and thereupon the judgment of conviction and the sentence imposed upon him by the trial court became final. The evidence of record sustains the finding by the trial court of the guilt of the appellant Crispulo Edralin, and we find no prejudicial error in the proceedings. We think, however, that the facts disclosed by the evidence of record in this case justified and required a rather severer penalty than that imposed by the court below. The defendants were employed in the customs service, and attempted to sell five cans of opium to a Chinese storekeeper in the city of Manila. Such a violation of the provisions of the Opium Law is, to our minds, a much more reprehensible act than the mere smoking of opium by a victim of the vice. This court has always readily affirmed the imposition of the minimum penalty, as now prescribed by law, upon first offenders charged only with smoking opium, or having in.their possession such small quantities of the drug as to justify the inference that it was intended merely for the personal use of the offender. But we think that within the discretionary limits authorized by law a much higher and severer penalty may, and properly should, be imposed on those who attempt to “exploit the vice,” and who violate the provisions of the law for the purpose of gain. The sentence of the lower court should be modified by imposing on the appellant, Crispulo Edralin, a fine of P500 in addition to the penalty of imprisonment imposed by the trial court, with the corresponding subsidiary imprisonment in the event of insolvency and failure to pay the fine, and, thus modified, the judgment of conviction and sentence appealed from should be affirmed with one-half the costs of this appeal against the appellant. Arellano, C. J., ‘Torres, Mapa, Johnson, and Trent, JJ., concur.