G.R. No. L-4366
THE UNITED STATES, plaintiff-appellee, vs. JUAN GARCIA, defendant-appellant.
February 28, 1908

FACTS:
Juan Garcia was charged with the crime of allanamiento de morada (forcible entry of a dwelling). The complaint alleged that on April 3, 1907, Garcia fraudulently and criminally entered the house of Manuel Villariba against the owner’s will. The Court of First Instance of Bulacan found Garcia guilty and sentenced him to four months and one day of arresto mayor and a fine. Garcia appealed the decision.

Upon review of the evidence, the Supreme Court found that Garcia did enter Manuel Villariba’s house without Villariba’s express permission. However, the evidence also clearly showed that Garcia entered at the express invitation of Marciana Villariba, who was living in the same house with Manuel Villariba, and that she even aided and assisted him in doing so.

ISSUE:
Whether Juan Garcia is guilty of allanamiento de morada when he entered the dwelling at the express invitation and with the aid of an occupant of the house, despite not having the express permission of the owner.

RULING:
No. The Supreme Court reversed the judgment of the lower court. Citing its previous decision in U.S. vs. Agas (4 Phil. Rep., 129), the Court reiterated that when it appears that the entrance into a dwelling is with the consent of its occupants, the accused cannot be held guilty of the crime of allanamiento de morada. A mere presumption that entrance was against the will of the owner is insufficient; it must be proven that the owner did not consent. In this case, the record clearly demonstrated that Marciana Villariba, an occupant of the house, not only invited Garcia but also aided him in entering. Therefore, the facts were not sufficient to sustain a conviction for allanamiento de morada. The judgment of the lower court was reversed, and the defendant was ordered discharged.