[1917V101E] United States Vs. S. Miyamoto 036 Phil 762

[1917V101E] United States Vs. S. Miyamoto 036 Phil 762 G.R. No. 12536 1917-08-18 Author / ponente: Malcolm Division / source category: En Banc [1917V101E] THE UNITED STATES, plaintiff-appellee, vs. S. MIYAMOTO, defendant-appellant. D E C I S I O N MALCOLM, J.: The defendant and appellant S. Miyamoto, a Japanese living in Zamboanga, was accused in the Court of First Instance of the illegal importation into the Philippine Islands of eighty-two cans of opium. The trial judge, the Hon. George N. Hurd, found the defendant guilty as alleged in the information, and in view of the value of the opium imported (between P5,000 and P7,000) and the fact that the defendant was the principal culprit, sentenced him to four years imprisonment, the payment of a fine of P4,000, and the costs. The opium presented in evidence had already been confiscated in the case of the other accused. From this judgment the defendant has appealed, making three assignments of error all of which relate to the sufficiency of the proof. Subsequently, attorneys for appellant have filed in this court a motion for what is called a reopening and rehearing of the case based upon newly discovered evidence material to appellant's defense. The court has resolved to decide the motion for a new trial with the principal case. The newly discovered evidence consists of a letter from one Adzuma and an affidavit by the same Adzuma, said to be the principal witness against the accused and now confined in the San Ramon Penal Colony under sentence on the same facts on which the accused herein is charged. The translation from the Japanese into English of the letter of the Prisoner Adzuma and of his affidavit, as submitted by appellant, are as follows: "DEPARTMENT OF PUBLIC INSTRUCTION, "BUREAU OF PRISON. "[No. 1902 Adzuma.] "[Prisoner's letter, dated at Chief Clerk's Office, February 27, 1917.] "To Mr. S. Hama, "Address of P. O. Box 181, Zamboanga. "SUNDAY, February 25, 1917. "Messrs. SADAKICHI HAMA, JUNTARO, "Kamiye, and Yoshitaro Sakauye. "CONFESSIONS. "DEAR MESSRS. KAMIYE AND SAKAUYE: It should be still fresh in your memories that I was sentenced to two years imprisonment and a fine of three hundred pesos by the court at Zamboanga on July 10th last, after the trials have been made following the arrest on my having smuggled a contraband-opium --- in the month of May, last year. I hereby like to reveal the secret I have, confess the crime I have committed, and at the same time to apologize to Mr. Miyamato through kindness of you, two dearest friends of mine. Please be kind enough to consent in doing so. "Since the sentence was given, I have been under hard labour obediently in the San Ramon Prison, with the Bible as my only companion, every morning till evening, but I have always been in agonies, troubled every day and night by my conscience, having committed a false witness in the trials. Finally, however, I have been saved from these agonies by means of reading the Bible. I have realized what He teaches that 'Repent ye! Confess! and all manner of sin shall be forgiven.' Now, having regained my purest conscience thus, I felt I have to make these confessions to you. "It was absolutely on my own personal business that I visited Sandakan last year. On my way back, prior to my departure, I had been approached by one Chinaman, Leong Kam Hoi by name, who asked me, through the proprietor of the Fujiya Hotel acting as an interpreter, to bring opiums into Zamboanga on conditions that he would pay me the sum of three hundred pesos as compensation upon safe delivery of same. He gave me one hundred pesos that time in Sandakan, which I have remitted to my mother who has long time been sick in our home hoping it might serve as a part of her treatment fund. It was agreed to pay me the balance of two hundred pesos on delivery of the goods at destination, but this was not accomplished, as the vinta was overturned by Moros, losing the consignments consequently. At first, I have had not a bit of such defiled intention, but became tempted as I had been hard up for money. I was then requested to get one more Japanese as my companion, because some kind of dangers having been anticipated during the voyage if the party consists of only Moro members, so I have tried to find out, but there was none. Then Mr. Morita came right after his deportation from Zamboanga, and the Chinaman asked me a few times to arrange with him but as I did not know him well at that moment I told the hotel proprietor about this matter. The hotel proprietor asked Mr. Miyamoto, the old man, to hire him, and Mr. Miyamoto did so on his request. And again at the time of hiring a vinta, as none of us ---- the Chinaman, the hotel owner, and myself ---- was unable to speak intelligibly to Moros, the hotel owner asked Miyamoto to hire it, and the vinta was hired by him. Such having been the case, Mr. Morita and Moros might have misunderstood that the contrabands belonged to Miyamoto and testified in that way, but in fact Mr. Miyamoto has only mediated to hire the, and has no connection whatsoever. "When I was inquired by Captain Elarth I related the fact to him as it was, but for some reason or other he did not believe what I said. Later at Constabulary quarters the same Captain asked me similar questions, and denying all what I answered told me to put me in jail for ten years, and then I was confined in a storeroom, adjacent to the kitchen, with only the clothes on my back, handcuffed, even my feet locked with chains, giving me noting to eat for one whole day and night. I was very much troubled moreover by a bunch of mosquitoes at night. In that same evening another chain tied my feet to boxlike (?) thing. I was so worried that I could not take a sleep at all. On the following day I was completely fatigued but I was compelled to appear before the captain in his office where I was told that I would be confined in a dark room of concrete structure at the police station, should I continue to tell him untrue so far as Mr. Morita and the Moros have confessed. But I made up my mind not to tell anything which may lead a person who is not complicated with to a false charge, and I went so far as to express my determination in this way. And then Mr. Morita was called in to be cross-examined with me. Undoubtedly, Mr. Morita considered it as Miyamoto's business, and urged me to confess. I found at last that it would be vain to speak the truth so far as the captain does not confide in my words, even uttered a thousand times. For the old man (Miyamoto) it was a pity I felt, but finally I have confessed falsely. At that time the captain promised again and again to send me back to Japan, giving me money, as soon as Miyamoto's case is decided, but until now he does not let me go home. There is no other way than to abandon any hope though myself is so suffering with a sensation of excruciating pains that I may not be able to bear any longer, as I should have been punished by Heaven for I have committed a false witness. Whenever I thing of my old father and diseased mother in home, I hear a voice from unknown direction that tells me just to confess all. I am at last convinced of the punishment by Heaven to one's mind being far severer than any bodily pains. I confessed hereinbefore with my pure conscience, and I entreat you to apologize for me to Mr. Miyamoto, and I redeem him. "When we lost the contrabands, I went to the old man's boat (pearling vessel) at the same night, I took a meal on board, and asked the old man, through one of the crew, to write of Sandakan reporting the loss of consignment. The old man then came aboard and told me he will send a letter as I want, but requested me to move myself to some other place on the ground that, if I hide myself within his boat or house, it may lead to make the Sandakan people believe that the goods should be under Miyamoto's usurpation and that moreover he would be troubled much in case the authorities hear about it. I had least idea that the Moros have taken the goods into their possession, but in belief that they should be still in the bottom of the sea, I got the boat by coercion to search the place where the goods have been lost. I asked the old man to write to Sandakan because I was too sorry to report by myself. At that time the old man advised me to surrender myself to the authorities to which I agreed, but having had no satisfactory sleep for more than three or four days, I fell asleep. Then Mr. Sakauye was absent in Sibuco, wasn't he? Right that time secret-service men came and I was arrested. The fact is no other than this relation, but I have testified before the court the things entirely contrary, which led the old man to be charged against. "Prior to the opening of trials of the old man, we have been put together in the prosecuting attorney's office, with Mr. Morita and the Moros, the captain also being present, and tried to make all of our testimonials alike. At the beginning this has not proven success it being a false testimony, but after the rehearsals for about seven or eight times we gradually became accustomed so well that we could make testimonials alike in that way. "The captain's work is only responsible for making me to testify such false things. "Such being the case, kindly act for me accordingly. "This is my true confession. (Sgd.) "D. ADZUMA, San Ramon. "When Mr. Kamiye visited me with lawyers last time, he advised me to confess, but I did not have enough courage to do that time, now I do by the just precepts of God. "United States of America,-} Philippine Islands,-}ss. Province of Zamboanga.-} "D. Adzuma, without personal cedula for the reason that he is confined in San Ramon prison, being first duly sworn deposes and says: