G.R. No. 153267 - China Banking Corp. vs. Court of Appeals

Petitioner Salvador Marzalado, Jr. was convicted by the Metropolitan Trial Court (MeTC) of Quezon City, Branch 35, for Qualified Trespass to Dwelling under Article 280 of the Revised Penal Code.
The Regional Trial Court (RTC), Branch 79, Quezon City, and the Court of Appeals (CA) in CA-G.R. CR No. 22645 affirmed the conviction and denied reconsideration. Petitioner filed this petition for review on certiorari.

Cristina N. Albano leased a unit in a house owned by Luz Marzalado (petitioner’s mother). In February 1993, Luz filed an ejectment case against Albano. Judgment for ejectment was rendered; Albano appealed.
In September 1993, electricity to the unit was cut off for nonpayment. Albano moved her children out, leaving only a maid intermittently.

November 2, 1993, 1:00 p.m.: Albano discovered her lead pipe missing.
November 3, 1993, 8:00 a.m.: Albano found the main door’s padlock changed; entry barred. She reported to barangay officials, then to police.
November 4, 1993: Albano observed the unit empty; roofing removed, door locked from inside; learned petitioner and companion removed her personal property and the lead pipe.
March 16, 1994: Albano filed Information for grave coercion, qualified trespass to dwelling, and theft against petitioner. He pleaded not guilty on May 12, 1994.

Cristina Albano testified to discovering the changed padlock and missing items.
Narciso Raniedo testified to seeing petitioner remove the lead pipe on November 1, and forcibly open the door and remove belongings on November 2 between 4:30 p.m. and 5:00 p.m.

Petitioner asserted Albano had vacated the premises and left an open faucet causing flooding.
With barangay officers’ assistance, he entered on November 3, 1993 to turn off the faucet and prevent damage. He claimed no criminal intent and argued justification under Article 11(4), Revised Penal Code.

MeTC (October 28, 1997): Found petitioner guilty beyond reasonable doubt; sentenced to two months and one day arresto mayor, ₱500 fine, costs.
RTC (November 5, 1998): Affirmed MeTC decision in toto.
CA (November 9, 2001; Resolution April 23, 2002): Affirmed and denied reconsideration.

Whether the variance between November 2, 1993 (date in the Information) and November 3, 1993 (date of entry claimed in defense) is a fatal defect rendering the Information unconstitutional or invalid.
Whether petitioner’s entry into the leased unit was legally justified under the justifying circumstances provision (Article 11(4), Revised Penal Code) to prevent damage to property, thus negating criminal liability for qualified trespass to dwelling.