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Entrapment vs. Instigation in Criminal Law: The Case of People vs. Lua Chu and Uy Se Tieng

The distinction between entrapment and instigation plays a crucial role in determining criminal liability, especially in cases involving law enforcement operations. The Supreme Court case of People vs. Lua Chu and Uy Se Tieng (G.R. No. 34917, September 7, 1931) established a clear legal precedent, reinforcing that mere deception by authorities does not absolve a defendant from criminal responsibility.

Entrapment vs. Instigation: Legal Definitions

📌 Entrapment – Occurs when law enforcement merely provides an opportunity for a crime to be committed, without actively inducing the perpetrator.

📌 Instigation – Happens when authorities actively encourage or induce a person to commit a crime they would not have otherwise committed, making prosecution invalid.

✔ Entrapment is legal and does not exempt the accused from liability. ✔ Instigation is illegal and may lead to acquittal, as the crime was not independently conceived by the accused.

📌 Relevant Doctrine: Corpus Juris, Section 57 states that facilitating a crime’s commission does not absolve the perpetrator, provided the original intent was formed independently.

Facts of the Case

Lua Chu and Uy Se Tieng were charged with illegal importation of opium after a Customs secret serviceman pretended to assist them in smuggling the drug from Hong Kong to Cebu.

  • The accused had already planned the importation and placed an order for the opium.

  • The law enforcement officer did not induce them to commit the crime but pretended to have an understanding with the Collector of Customs to ensure the seizure of the contraband.

  • The Supreme Court ruled that this was entrapment, not instigation, affirming their conviction.

📌 Key Ruling: ✔ The officer’s deception did not create the criminal intent—it merely exposed an existing plan. ✔ The accused were already engaged in the crime, making their prosecution valid.

Legal Takeaways from the Case

✅ Entrapment does not invalidate prosecution – If the accused already intended to commit the crime, law enforcement can facilitate exposure without negating liability.

✅ Instigation leads to acquittal – If authorities actively induce a crime, the accused cannot be held criminally responsible.

✅ Law enforcement deception is permissible – Pretending to assist criminals to ensure their capture is a valid investigative technique.

✅ Criminal intent must be independently formed – Courts assess whether the defendant planned the crime before law enforcement intervention.

Conclusion

The Supreme Court’s ruling in People vs. Lua Chu and Uy Se Tieng reinforces the legality of entrapment while distinguishing it from instigation. Law enforcement can expose criminal activity, but they cannot create it. This case remains a critical precedent in evaluating police operations and criminal liability.

📌 For the full Supreme Court decision, check .

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