G.R. No. 72306 - Fornilda vs. Branch 164, Regional Trial Court, 4th Judicial Region, Pasig

Parties, property, and antecedent proceedings
Petitioner Salvador Marzalado, Jr. is the son of Luz Marzalado, owner of a house unit leased to Cristina N. Albano; Luz filed an ejectment case against Albano, and a judgment ordering Albano to vacate and pay unpaid rentals was rendered and appealed to the RTC.
While the ejectment appeal was pending, electricity to Albano’s unit was disconnected in September 1993 for non-payment; Albano and her children moved out to her father’s house (four houses away), leaving only a maid occasionally sleeping in the unit.

Events alleged to constitute the offense and complaints filed
Albano discovered the lead pipe used for hanging clothes missing on November 2, 1993, and the next day (November 3, 1993) found the main door padlocked and could not enter; on November 4, 1993 she observed the unit empty and later reported the matter to barangay officials and filed complaints for grave coercion, qualified trespass to dwelling, and theft against petitioner.
Barangay information and subsequent observations included a November 14, 1993 sighting that the roofing had been removed and the main door locked from the inside; Albano alleged Marzalado, Jr. and a female companion took the lead pipe on November 1 and removed her belongings on November 2, 1993.

Procedural history, trial evidence and defenses
Information for trespass to dwelling was filed alleging entry on November 2, 1993; petitioner pleaded not guilty at arraignment and proceeded to summary hearing before the MeTC.
Prosecution witnesses were Albano and neighbor Narciso Raniedo, who testified he saw petitioner take the lead pipe on November 1 and, on November 2 between 4:30–5:00 p.m., forcibly open Albano’s door, remove her belongings, and carry them to his house; no other eyewitnesses corroborated Raniedo.
Petitioner testified he entered the unit on November 3, 1993 with barangay officers/tanods because water was continuously flowing from an open faucet, causing flooding; he alleged the entry was to prevent further damage to his mother’s property and denied criminal intent, asserting the case was filed in retaliation and harassment.
The MeTC (October 28, 1997) convicted petitioner of Qualified Trespass to Dwelling (Art. 280 RPC) and sentenced him to two months and one day of arresto mayor, a P500 fine, and costs; the RTC affirmed the MeTC decision; the Court of Appeals affirmed the RTC decision (Nov. 9, 2001) and denied reconsideration (Apr. 23, 2002).

Supreme Court petition and positions of the parties
Petitioner filed a petition for review on certiorari to the Supreme Court, asserting (a) the entry occurred on November 3, not November 2 as in the Information; (b) his entry was justified under Article 11 (to prevent imminent danger to property) and aided by barangay officers; and (c) the Information was fatally defective for misstating the date.
The Office of the Solicitor General argued the flooding posed no serious danger to life or property, that petitioner could have shut off the inlet valve instead of entering, and that variances in dates are not fatal when time is not an essential element of the offense.

Primary issue
Whether the Court of Appeals erred in affirming the conviction of petitioner Salvador Marzalado, Jr. for Qualified Trespass to Dwelling under Article 280 of the Revised Penal Code.

Subsidiary issues
Whether the discrepancy between the date alleged in the Information (November 2, 1993) and petitioner’s account of entry (November 3, 1993) rendered the Information fatally defective.
Whether petitioner’s entry into the leased unit was justified under the justifying circumstances (Article 11, par. 4) — specifically, whether he acted to prevent an imminent danger to property and thus incurred no criminal liability.