Marzalado, Jr. vs. People

Facts:

Salvador Marzalado, Jr. v. People of the Philippines, G.R. No. 152997, November 10, 2004, First Division, Quisumbing, J., writing for the Court. Petitioner Salvador Marzalado, Jr. (hereafter "petitioner") was charged with qualified trespass to dwelling under Article 280 of the Revised Penal Code after Cristina N. Albano (the lessee) accused him of entering her leased unit and removing her belongings. The owner of the house was Luz Marzalado, petitioner's mother, who had earlier filed an ejectment case against Albano; a judgment in that ejectment required Albano to vacate and collect unpaid rentals, and during the pendency of appeals the unit's electricity was disconnected in September 1993, prompting Albano to move her children to her father's house while leaving a maid occasionally to sleep in the unit.

Events unfolded in early November 1993. Albano testified she noticed a missing lead pipe on November 2 and discovered a changed padlock on November 3; she later reported that the unit had been emptied and that roofing had been removed and the main door locked from the inside. Neighbor-witness Narciso Raniedo testified he saw petitioner take a lead pipe on November 1 and, between 4:30 and 5:00 p.m. on November 2, forcibly open the door of Albano's unit, remove belongings and carry them to his house. Petitioner maintained he entered the unit on November 3 accompanied by barangay officers and tanods to stop an ongoing flooding caused by an open faucet, and that his acts were intended to prevent damage to his mother's property.

Albano filed an information for trespass to dwelling dated March 16, 1994 alleging commission on November 2, 1993; petitioner was arraigned May 12, 1994 and pleaded not guilty. After a summary hearing, the Metropolitan Trial Court (MeTC), Quezon City, Branch 35, convicted petitioner on October 28, 1997 and imposed arresto mayor (two months and one day), a P500 fine, and costs. The Regional Trial Court (RTC), Quezon City, Branch 79, affirmed the MeTC decision (Decision dated November 5, 1998). The Court of Appeals in CA-G.R. CR No. 22645 (Decision dated November 9, 2001, penned by Barcelona, J., Abesamis and Tria Tirona, JJ., concurring) likewise affirmed the RTC; its April 2...(Pro-only)

Issues:

• Is the discrepancy between the date of offense stated in the Information and the date testified to at trial a fatal defect that vitiates the Information?
• Was petitioner guilty of qualified trespass to dwelling, or was his entry justified under the justifying circumstances of Article 11 of the Revised Penal Code (to prevent i...(Pro-only)

Ruling:

• (Pro-only)

Ratio:

• (Pro-only)

Doctrine:

• (Pro-only)