GR L 4335; (February, 1908) (Digest)
G.R. No. L-4335
THE UNITED STATES, plaintiff-appellee, vs. PEDRO LINDIO, defendant-appellant.
February 19, 1908
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FACTS:
Pedro Lindio was prosecuted for breaking into a dwelling (allanamiento de morada) with violence and intimidation. He gained entry by cutting a string that fastened the door. Once inside, he engaged in a quarrel with the inmates and threatened them while flourishing his bolo. Lindio’s defense argued that his entry was not against the will of the occupant because it was not expressly forbidden, and that there was no violence in the manner of his entry. He also presented an alibi, which the Court noted contained too many suspicious details. The lower court convicted Lindio but did not consider the aggravating circumstance of nocturnity.
ISSUE:
1. Whether cutting the string fastening a door constitutes violence in the context of breaking into a dwelling.
2. Whether an express prohibition of entry is required for the crime of breaking into a dwelling committed against the will of the occupant.
RULING:
The Supreme Court AFFIRMED the judgment of conviction, with modification to the penalty.
1. The Court held that the cutting of the fastenings of the door was an act of violence.
2. The threats against the inmates, accompanied by the flourishing of the defendant’s bolo, constituted intimidation.
3. Citing United States vs. Arceo (3 Phil. Rep., 381), the Court ruled that no express prohibition of entry is required for the crime of breaking into a dwelling committed against the will of the occupant.
4. The defense of alibi was rejected due to its suspicious details.
5. The Court found that the lower court erred by not taking into consideration the aggravating circumstance of nocturnity. Consequently, the punishment was increased to five years of prision correccional and the payment of a fine of 325 pesetas, with the accessories of Article 61 of the Penal Code.