Case Digest (G.R. No. L-5804)
Facts:
United States v. Cristobal Paray, G.R. No. 5804, November 23, 1910, the Supreme Court, Torres, J., writing for the Court. The defendant-appellant, Cristobal Paray, lived next door to Severina Estabillo. At noon on Saturday, March 21, 1908, after speaking of her improperly, Paray went to Estabillo’s house. Observing him approach the exterior stairs in a violent temper and threatening her with death, Estabillo forbade him to mount the stairs and enter, closed the entrance door from the inside, and — with her daughter Damasa Pascual — held the door shut to prevent his entry.Despite the warning and the closed door, Paray forcibly pushed the door from outside, gained entry, and physically assaulted the two women by slapping and kicking them, causing slight bruises and bodily pain. A preliminary investigation was conducted before the justice of the peace court of Gerona, and upon complaint by the offended party the provincial fiscal filed an information in the Court of First Instance of Tarlac on August 5, 1908, charging Paray with forcible entry.
At trial the court convicted Paray for forcible entry, sentencing him to two years and five months of prision correccional, the accessory penalties, a fine of 325 pesetas (with ...(Pro-only)
Issues:
- Did the facts prove the elements of forcible entry as contemplated by law, qualified by violence, so as to justify conviction under the Penal Code?
- Was it proper to allow mitigation (an allowance) on account of the special circumstance of scant education under Article 11 of the Penal Code ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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