Case Summary (A.C. No. 4738)
Applicable Law
The case is evaluated under the provisions of the Philippine Penal Code, specifically focusing on the offense of forcible entry into a dwelling. The ruling derives from the legal standards that were operational prior to and including the case date of 1913.
Overview of the Incident
On the early morning of October 6, 1911, Basilio Ticson unlawfully entered the home of Braulio Calang while Calang was absent. Epifania Cupo, the wife of Calang, was asleep with her child. The defendant gained entry by cutting the door’s fastenings and subsequently attempted to assault her by lifting her skirt. Upon waking and resisting the attack, Epifania raised an alarm, leading to a pursuit of Ticson by herself and her brother-in-law, Sinforoso Dinulus, who had been staying with her at the request of her husband.
Procedural History
After the incident, Epifania reported the matter to her husband upon his return home on October 11, 1911. Braulio Calang filed a complaint with the justice of the peace, prompting an investigation and the eventual filing of charges against Ticson. The prosecution established that Ticson had entered the dwelling unlawfully, leading to a trial where he was convicted of forcible entry.
Findings of the Court
At trial, witnesses, including the justice of the peace, testified that Ticson had confessed to the crime, acknowledging his wrongful act and seeking forgiveness, which was refused by Epifania due to concerns about possible repetition of such behavior. The appellate court confirmed that the defendant's actions constituted a forcible entry, as he had not been invited inside and had employed violence against the will of the inhabitants of the home.
Legal Classification and Sentencing
Despite Ticson’s denial of guilt, the evidence presented was deemed conclusive, leading the court to affirm his conviction for forcible entry. The court noted that the crime committed was clearly against the will of the victims, thereby justifying the application of the applicable penalties as prescribed in the Penal Code. The crime did not result in
...continue readingCase Syllabus (A.C. No. 4738)
Case Overview
- This case concerns an appeal by Basilio Ticson from a judgment delivered by Judge George N. Hurd on December 15, 1911.
- The judgment sentenced Ticson to two months and one day of arresto mayor, a fine of 325 pesetas, and subsidiary imprisonment not to exceed one-third of the principal penalty in case of insolvency.
Incident Description
- The incident occurred on the morning of October 6, 1911, while Braulio Calang was away from home, and his wife, Epifania Cupo, was asleep with their young child.
- Basilio Ticson unlawfully entered the Calang residence in Surigao by cutting the door's fastenings.
- Upon entering, Ticson approached the sleeping Epifania and raised her skirt, indicating an intent to commit an act of sexual violence.
Reaction and Pursuit
- Epifania awoke, resisted the assault, and called for help, which led to the awakening of her brother-in-law, Sinforoso Dinulus.
- Both Epifania and Sinforoso attempted to catch Ticson as he fled the scene, but they were unsuccessful.
- They recognized Ticson as he fled, aided by the bright moonlight and prior acquaintance with him from a previous visit.
Reporting the Incident
- Four days after the incident, Braulio Calang returned home and was informed of the ass