G.R. No. L‑3878
Date: 16 November 1907

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FACTS
– On 19 April 1906, Atanacio Macaspac, a barrio lieutenant, went to the house of Apolonia Ico (San Antonio, Lubao, Pampanga) and announced his intention to search the dwelling.
– Ico, together with Luis and Maria dela Cruz, repeatedly refused consent, stating that her husband was absent.
– Despite the objections and lacking any judicial authority, Macaspac entered the house, accompanied by three men, and inspected jars and baskets in search of a missing goat claimed by Pedro Manalandin.
– No search warrant or court order was produced.
– The occupants testified that the entry and search were made against their will; the defense witnesses offered no contrary proof.

ISSUE
Whether the barrio lieutenant, acting without the consent of the occupants and without a judicial warrant, is liable under Article 205, No. 1 of the Penal Code for forcible entry into a dwelling.

RULING
– The Court held that Macaspac, not being a judicial authority nor empowered under Article 200, entered a private dwelling without consent and without a warrant, thus committing the offense defined in Article 205, No. 1.
– No mitigating or aggravating circumstances were found; the applicable penalty is the medium degree.
– Judgment of the lower court was reversed.
– Macaspac was sentenced to 1 year, 4 months, and 21 days suspension from public office, loss of suffrage (active and passive), suspension from any profession or trade, a fine of 325 pesetas (or subsidiary imprisonment if insolvent), and payment of costs.

Concurrence: Chief Justice Arellano and Justices Johnson, Willard, and Tracey.