Digest: G.R. No. L-2977 (October 9, 1906)
THE UNITED STATES vs. JERRY CLAUCK

FACTS:
1. On the night of January 23, 1903, between 10 and 11 PM, Charles Barnes and Jerry Clauck approached the house of Doroteo Alagaban in Legaspi, Albay.
2. When Barnes knocked and the door was not opened, Clauck declared, “I will show you how to wake up these s—-s of b—-s,” and kicked the door open, breaking the wooden bolt.
3. The occupants (Doroteo Alagaban and his wife, Francisca Acuya) were asleep upstairs. Francisca looked out the window but refused to come down when asked by the intruders.
4. Clauck and Barnes then left without further confrontation.

ISSUE:
Whether Jerry Clauck committed the crime of forcible entry of a dwelling under Article 491(2) of the Penal Code, which penalizes entry with violence, force, or intimidation.

RULING:
1. The Supreme Court affirmed the conviction of Clauck for forcible entry of a dwelling.
2. The act of kicking open the door constituted forcible entry under Article 491(2), as it was done without consent and against the will of the occupants.
3. The Court rejected the notion that the occupants consented, as breaking into a house at night inherently implies lack of permission.
4. No aggravating or mitigating circumstances were present, so the penalty was imposed in its medium degree.
5. Clauck was sentenced to:
– 3 years, 6 months, and 21 days of prisión correccional
– A fine of 325 pesetas
– Subsidiary imprisonment in case of insolvency
– Costs of the proceedings

Vote: Affirmed. Arellano, C.J., Mapa, Johnson, Willard, and Tracey, JJ., concurred.

(Case remanded to the Court of First Instance for execution.)