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SALVADOR MARZALADO v. PEOPLE

FACTS:

Cristina N. Albano was the lessee of a unit in a house owned by Luz Marzalado, the mother of petitioner Salvador Marzalado, Jr. In February 1993, Luz Marzalado filed an ejectment case against Albano, who was ordered to vacate the unit and pay the unpaid rentals. During the pendency of the appeal, the electricity supply to the unit was cut off and Albano transferred her children to her father's house, leaving a maid to sleep in the unit. Albano claimed that on November 2, 1993, she found the lead pipe missing and on November 3, 1993, she discovered that the padlock of the main door had been changed, preventing her entry. She reported the matter to the barangay officials and filed a complaint against petitioner for trespass to dwelling. Raniedo, a witness, testified that he saw petitioner taking Albano's belongings from the unit to his own house. Petitioner claimed that Albano had already vacated the unit and moved to her father's place. He said that on November 3, 1993, he found water flowing out of Albano's unit and reported it to the barangay officers. They accompanied him and found an open faucet inside the unit. Petitioner argued that Albano filed the case to harass him and his family. The MeTC found petitioner guilty of qualified trespass to dwelling. The RTC and Court of Appeals affirmed the decision. Petitioner appealed to the Supreme Court.

ISSUES:

  1. Whether the petitioner is guilty beyond reasonable doubt of qualified trespass to dwelling.

RULING:

  1. The Court affirmed the decision of the lower courts, finding the petitioner guilty beyond reasonable doubt of qualified trespass to dwelling under Article 280 of the Revised Penal Code. The petitioner was sentenced to two (2) months and one (1) day of arresto mayor and required to pay a fine of P500, with costs.

PRINCIPLES:

  • Qualified trespass to dwelling is committed when a person enters the dwelling place of another against the latter's will and without consent.

  • To secure conviction for qualified trespass to dwelling, the following elements must be proven beyond reasonable doubt: (1) the offender enters the dwelling place of another; (2) the entrance is against the will of the owner or occupant of the dwelling; and (3) the entrance is made at nighttime, or by means of violence, intimidation, or threat, or through any other means without the owner or occupant's knowledge or consent.