GR 1643; (January, 1905) (Digest)
March 6, 2026GR 1692; (January, 1905) (Digest)
March 6, 2026G.R. No. 1536 : January 14, 1905
THE UNITED STATES, complainant-appellee, vs. ROMULO AGAS, defendant-appellant.
FACTS:
A complaint was filed charging Romulo Agas with the crime of housebreaking (violation of domicile). It alleged that at daybreak on January 1, 1903, in Cebu, the defendant entered the house of Mariano Alburo through a window, without consent and against the will of the owner, while the house was closed. After trial, the Court of First Instance found Agas guilty and sentenced him to imprisonment and a fine. The defendant appealed.
The evidence established that late on December 31, 1902, towards daybreak of January 1, 1903, the defendant entered Alburo’s house. He did so at the request of and with the assistance of Concepcion Arrieta, a woman with whom he had an illicit relationship and who was then living in the house. She opened the door for him. The defendant’s purpose was to sleep with Arrieta, and they were later found together in bed by other occupants.
ISSUE:
Whether the facts proven constitute the crime of housebreaking (violation of domicile) under Article 491 of the Penal Code.
RULING:
No. The Supreme Court reversed the judgment of conviction and acquitted the defendant.
The crime of housebreaking, as defined under Article 491 of the Penal Code, requires that the entry into another’s dwelling be made against the will of the occupant. This element is essential to the crime, which is designed to protect the inviolability of the domicile. In this case, the evidence showed that the defendant entered the house not against the will of an occupant, but rather with the consent and active assistance of Concepcion Arrieta, who was herself an occupant. His intent was not criminal in the sense contemplated by the law on housebreaking; it was merely to be with his mistress. Mere presumption of entry against the owner’s will is insufficient; it must be positively proven. Since the prosecution failed to prove that the entry was against the will of the occupant, the crime of housebreaking was not committed. The Court ordered the acquittal of Romulo Agas, with costs de oficio.