Case Summary (G.R. No. 117589-92)
Petitioner and Respondent
- Petitioner/Appellee: The People of the Philippine Islands (prosecution).
- Respondent/Appellant: Olimpio de Peralta (accused of trespass to dwelling).
Key Dates
- Incident: mid‑October 1919 (specifically the morning of 16 October 1919).
- Decision: August 18, 1921 (court reversed conviction and acquitted Peralta).
Applicable Constitution and Legal Framework
- The decision predates the 1935 and 1987 Constitutions; it arose under the legal framework in force during the Insular Government period.
- Statutory and doctrinal basis cited in the decision: article 491 of the Penal Code (trespass to dwelling) of the Philippines, with comparative reference to article 504 of the Spanish Penal Code and commentary by Groizard.
Factual Background
Peralta had recently succeeded Toledo as president of the Philippine Marine Union. On the morning of October 16, 1919, Peralta entered the room occupied by Toledo in house No. 507 to look for a desk glass he believed belonged to the union. Prosecution alleged Peralta entered against the will of the occupant, giving rise to an information for trespass to dwelling.
Procedural History
Peralta was tried, convicted, and sentenced to two months and one day of arresto mayor, a fine of 400 pesetas, and costs. Peralta appealed the judgment. The appellate court reviewed the testimony and reversed the conviction, acquitting Peralta and ordering costs of both instances de oficio.
Testimony and Evidence
- Prosecution witnesses: Lucia Matias testified that she was inside the closed room when Peralta pushed the door and entered; she asked why he entered without permission and told him not to take the glass because Toledo was absent. Daniel Alvarado testified he heard a strong blow he believed a kick against the door as Peralta struck it while Alvarado was cleaning a phonograph inside.
- Defense witnesses: Bernardo Bildad and Bonifacio Viloria testified that Peralta entered between 10:30 and 11:00 a.m. looking for the desk glass and was accompanied by Lucia Matias whom he found outside; their testimony supported that he entered to retrieve union property.
Legal Issue Presented
Whether Peralta’s entry into the room constituted the crime of trespass to dwelling under article 491 of the Penal Code—i.e., whether his entrance was against the express or presumed prohibition of the occupant.
Court’s Legal Analysis and Rule
The court emphasized the statutory requirement that the offense of trespass to dwelling exists only when entry is against the express or presumed prohibition of the occupant. Mere absence of permission or lack of the occupant’s knowledge does not, by itself, satisfy the element of "against the will" required for the crime. The court relied on prevailing interpretations from Spanish and local jurisprudence and Groizard’s commentary on the corresponding Spanish provision to explain that ordinary social interactions permit calling at a door or entering premises without prior explicit permission unless entry has been denied.
Application of Law to the Facts
Applying the rule, the court found
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Citation and Court
- Reported at 42 Phil. 69.
- G.R. No. 17332.
- Decision rendered August 18, 1921.
- Opinion authored by Justice Villamor; Justices Johnson, Araullo, Street, and Avancena concur.
Procedural Posture
- Criminal information for trespass to dwelling (article 491, Penal Code) was filed against Olimpio de Peralta.
- Trial resulted in conviction; sentence imposed: two months and one day of arresto mayor, a fine of 400 pesetas, and costs.
- Appeal was taken from the trial court judgment to the court issuing the reported decision.
- The appellate court reversed the conviction and acquitted Olimpio de Peralta, awarding costs of both instances de oficio.
Facts — Parties, Place, and Time
- About October 1919, Cecilio Toledo served as president of the "Philippine Marine Union" and had the privilege of occupying, as his dwelling, a room in house No. 507 Jaboneros Street in the city, the house having been rented to the association.
- In mid-October 1919, Toledo was discharged as president and succeeded by Olimpio de Peralta.
- On the morning of October 16, 1919, Peralta entered the room formerly occupied by Toledo to look for a desk glass he believed belonged to the union.
- The entry occurred between about half past ten and eleven in the morning.
- The door of the room was closed but not barricaded or locked with a key.
- The room was part of the house rented to the association, and there was implication of familiarity among members of the association.
Trial Court Judgment (as appealed from)
- The accused was found guilty of trespass to dwelling.
- Sentence: two months and one day of arresto mayor, a fine of 400 pesetas, and costs.
- The People of the Philippine Islands were plaintiff and appellee; Olimpio de Peralta was defendant and appellant.
Witness Testimony and Evidence
- Prosecution witnesses:
- Lucia Matias:
- Testified she was inside the room, which had its door closed, when the accused pushed the door and entered.
- She asked Peralta, "Why did you enter without permission?" and Peralta answered, "I need something in this room."
- Lucia Matias told him not to take away the glass because Toledo was absent.
- Daniel Alvarado:
- Testified he was inside the room cleaning a phonograph when the accused struck the door.
- He heard a strong blow which he believed was a kick against the door given by the accused.
- Lucia Matias:
- Defense witnesses:
- Bernardo Bildad and Bonifacio Viloria:
- Testified that on the day in question, between half past ten and eleven in the morning, the accused entered Toledo's room looking for the desk glass, accompanied by Lucia Matias whom he found outside.
- Bernardo Bildad and Bonifacio Viloria:
- Court’s synthesis of testimony:
- After careful study the appellate court concluded that the accused, after calling at or near the door, pushed it and, without the permission of the occupants, entered the room with the object of taking the desk glass.
Legal Issue Presented
- Whether the a