The United States vs. Juan Garcia

An accused cannot be held guilty of allanamiento de morada when the evidence shows that he entered the dwelling at the express invitation and with the assistance of an occupant living therein; the owner’s non-consent must be proved.

Juan Garcia was charged with allanamiento de morada, the forcible entry of a dwelling, for entering the house of Manuel Villariba in Polo, Bulacan. Marciana Villariba lived in the same house with Manuel Villariba. The complaint alleged that Garcia fraudulently and criminally entered the house of another against the will of its owner, contrary to law.

On or about April 3, 1907, in the pueblo of Polo, Province of Bulacan, Juan Garcia entered the house of Manuel Villariba. The complaint charged Garcia with allanamiento de morada, or forcible entry of a dwelling, alleging that he fraudulently and criminally entered the house of another against the will of its owner, Manuel Villariba, contrary to law. Garcia was arrested and tried by the Court of First Instance of the Province of Bulacan.

The Court of First Instance found Garcia guilty and sentenced him to imprisonment for four months and one day of arresto mayor, a fine of 325 pesetas, subsidiary imprisonment in case of insolvency, and the costs. Garcia appealed to the Supreme Court.

On appeal, the evidence showed beyond doubt that Garcia entered Villariba’s house on the night alleged in the complaint without the permission of Manuel Villariba. The evidence further disclosed that Garcia entered the house at the express invitation of Marciana Villariba, who was then living in the same house with Manuel Villariba. Marciana not only invited Garcia to enter the house on the night in question but also aided and assisted him in doing so.

• Consent of an Occupant: Whether entry into a dwelling at the express invitation and with the assistance of an occupant who lives therein constitutes allanamiento de morada.
• Proof of Owner’s Non-Consent: Whether conviction for allanamiento de morada requires proof that the owner did not consent to the entry.

• Consent of an Occupant: No. The facts were insufficient to justify conviction because the accused entered at the express invitation and with the assistance of Marciana Villariba, an occupant of the same dwelling.
• Proof of Owner’s Non-Consent: Yes. The Court stated that it must be proved that the owner did not consent to the entry; the record showed the entry was made at the invitation and with the assistance of Marciana Villariba, who lived in the same house.

• Consent of an Occupant: The Court found that Garcia entered the house of Manuel Villariba without Villariba’s permission, but also that he entered at the express invitation of Marciana Villariba, who lived in the same house. Marciana not only invited Garcia but aided and assisted him in entering. Citing U.S. vs. Agas, 4 Phil. Rep., 129, the Court applied the rule that when the evidence shows such circumstances, the accused cannot be held guilty of allanamiento de morada. The Court also cited Spanish Supreme Court decisions dated June 28, 1876, September 28, 1876, and April 18, 1888. Because the record clearly disclosed Marciana’s invitation and assistance, the facts were insufficient to justify the lower court’s sentence.
• Proof of Owner’s Non-Consent: The Court stated that a mere presumption that the entrance was against the will of the owner was sufficient, under the circumstances, to determine the existence of the crime, but it must be proved that the owner did not consent to such entrance. The record showed that Marciana Villariba invited Garcia and aided and assisted him. The conviction was therefore reversed, and Garcia was ordered discharged, with costs de oficio.

• Allanamiento de morada — The forcible entry of a dwelling. The offense requires entry into the house of another against the will of its owner. In this case, the Court held that the facts were insufficient to justify conviction because the accused entered at the express invitation and with the assistance of Marciana Villariba, an occupant of the same house.
• Consent of an Occupant — Entry at the invitation of an occupant of the dwelling precludes conviction for allanamiento de morada. The Court relied on U.S. vs. Agas, 4 Phil. Rep., 129, and Spanish Supreme Court decisions. The record showed Marciana Villariba not only invited Garcia but aided and assisted him.
• Proof of Owner’s Non-Consent — The owner’s non-consent to the entry must be proved. The Court stated that it must be proved that the owner did not consent to such entrance.

• "The evidence further discloses that the defendant entered said house at the express invitation of Marciana Villariba, who was then and there living in the same house with the said Manuel Villariba." — This finding established that the entry was made at the invitation of an occupant of the dwelling, the key fact that negated the charge.
• "The record in the present case clearly discloses that Marciana Villariba not only invited the defendant to enter the house on the night in question but aided and assisted him in so doing." — This passage supplies the factual basis for the Court’s conclusion that the entry was made with the participation of an occupant and that conviction could not stand.
• "For all of the foregoing reasons it is the opinion of this court that the facts are not sufficient to justify the sentence of the lower court and the said judgment is therefore hereby reversed and the defendant ordered to be discharged, with costs de oficio." — This is the dispositive holding, reversing the conviction and ordering discharge.

• U.S. vs. Agas, 4 Phil. Rep., 129 — Cited by the Court as controlling precedent for the rule that an accused cannot be held guilty of allanamiento de morada when the evidence shows that he entered the dwelling at the invitation of an occupant. The Court relied on it in reversing the conviction.
• Decisions of the Supreme Court of Spain, June 28, 1876; September 28, 1876; April 18, 1888 — Cited as additional support for the Court’s conclusion that the facts did not justify conviction.

Arellano, C.J., Torres, Mapa, Carson, Willard, and Tracey, JJ., concur.