FACTS:

Petitioners Edigardo Geroche, Roberto Garde, and Generoso Marfil were charged with the crime of Violation of Domicile. According to the information, they entered the house of Roberto Mallo without a proper judicial order at Sitio New Lantawan, Barangay Greenhills, Municipality of President Roxas, Province of Cotabato. They were armed with garand rifles, forcibly broke the door, searched the house without consent, and physically assaulted Baleriano Limbag, causing injuries.

During the trial, Baleriano Limbag testified that the incident occurred around 10:00 o'clock in the evening of May 14, 1989. He stated that the petitioners entered his house without an armed search warrant, destroyed the main door, and assaulted him with a garand rifle. Roberto Limbag, a witness to the incident, supported Baleriano's testimony.

SPO4 Felomino Calfoforo presented the police blotter as evidence, while Dr. Antonio Cabrera affirmed the medical certificate he issued, which detailed the injuries sustained by Baleriano. Meanwhile, the petitioners claimed that they were at their respective houses the entire evening of May 14, 1989. They argued that they conducted a roving foot patrol the day before and recovered a stolen carabao from unidentified individuals.

The trial court found the petitioners guilty of Less Serious Physical Injuries but held that the prosecution had failed to prove an essential element of the crime of Violation of Domicile, which was that the petitioners were public officers. As a result, the trial court concluded that the crime of Violation of Domicile had not been committed. However, the Court of Appeals reversed the trial court's decision. Instead, they found the petitioners guilty of Violation of Domicile based on their judicial admissions that Edigardo Geroche was a barangay captain and that the other petitioners were part of the Civilian Armed Forces Geographical Unit (CAFGU).

ISSUES:

1. Whether or not the petitioners are guilty of Violation of Domicile.

RULING:

1. The Court of Appeals ruled that the petitioners are guilty of Violation of Domicile based on their judicial admissions that they were barangay captain and part of the Civilian Armed Forces Geographical Unit (CAFGU). Their actions of forcibly breaking into the house and searching the effects of the house without the previous consent of the owner established the crime of Violation of Domicile.

PRINCIPLES:

• For the crime of Violation of Domicile to be committed, the offender must enter the house without the consent of the owner and without proper judicial order.

• Judicial admissions made by the accused in open court may be used against them as evidence of their guilt.