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GR 8469
GR 8469
EN BANC
JOHNSON, J.:
This defendant was charged with the crime of entering the dwelling
house of another against the latter's consent. The complaint alleged:
1. The court erred in including in its findings the fact that the herein
accused entered Inocencia Guillan's house without her consent.
The offense with which the defendant is charged falls under article
491 of the Penal Code. Said article provides a punishment for any
private person who shall enter the dwelling house of another against
the latter's will. In order that the alleged offense shall fall under said
article, the offender must (a) be a private person; (b) enter the house
of another; and (c) enter the house of another against the latter's will.
In the present case the defendant was a private person and it is
admitted that he entered the house of another. The only question that
remains is did he enter the house of another against the other's will.
An examination of the evidence adduced during the trial of the cause
discloses:
2. That the defendant, after the door had been closed in the manner
and for the reasons stated, without the knowledge or consent of the
owner, entered the house of Inocencia Guillan.
The question remaining is: Did the defendant enter said house
against the will of the owner?
In the case of United States vs. Villanueva (18 Phil. Rep., 215), this
court said that: "It is well-settled general rule that whoever enters the
dwelling of another at a late hour of night, after the inmates have
retired and closed their doors, does so against their will and in
violation of the provisions of article 491 of the Penal Code. Under
these circumstances, an express prohibition is not necessary, as
such prohibition is presumed."
Separate Opinions
I dissent. I do not think that the evidence sustains a finding that the
house was closed for the night, and that the inmates had retired. It
would seem that the door was not locked, and that although some of
the inmates had retired there were who had not yet done so.