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

"This evidence is important as showing the relations between the defendant and Morita, and is corroborative of the story of Morita that he was employed by defendant to assist in bringing in the opium. If, as the defendant insists, he (defendant) was only interested in bringing the smugglers to justice, it is strange that he would thus intervene in the affairs of one of them. If, on the other hand, we accept the story of Adzuma and Morita, to the effect that the defendant secured the services of Morita in importing the opium, it is clear that the irresponsible Morita would have a hold upon the defendant, who would be interested in placating him and in getting him out of the way so that he might not divulge the conspiracy and the defendant's participation therein. "The defense presented evidence of the good character of the defendant which was rebutted by evidence that he (defendant) had the reputation of being an opium smuggler and an importer of Japanese women. "Disregarding the latter, and giving to the testimony of good character all of the weight to which it is entitled, we are still convinced beyond a reasonable doubt of the culpability of the defendant as disclosed by the evidence." This defense even though bolstered up by the belated affidavit of Adzuma is weak. On a just view of the entire matter, we must perforce deny the motion for a new trial as merely tending to delay and as not affecting the outcome. We must then give due weight to the findings of the trial court, which have particular interest as the case in the main turns on the credibility of witnesses. The result is to hold the accused guilty as charged. The lower court, as before stated, imposed a heavy prison sentence and fine. We believe that in so doing the court was entirely justified. If we may be permitted to use the figure of speech, the opium traffic from other countries into the Philippine Islands and in the Islands is like unto a large tree with infinite branches and leaves. Constantly the courts are cutting off the twigs of the tree by punishing the poor Chinamen who use opium, only to seen these twigs renew themselves and grow into large branches. When an opportunity presents itself to cut the opium tree at the base by convicting the instigator of the crime, who, as in this case, was a crafty leader in the illegal importation of opium and a grave menace to the well being of the country, the courts should not hesitate in the performance of their duty. The judgment of the lower court is affirmed with the addition of subsidiary imprisonment in case of insolvency, and the costs of this instance. So ordered. Arellano, C.J., Johnson, Carson, Araullo and Street, JJ., concur.