G.R. No. L-5790, THE UNITED STATES, plaintiff-appellee, vs. LUCIANO BARBERAN, defendant-appellant., December 16, 1910

FACTS:
Froilan Benavente employed laborers, including Luciano Barberan, and permitted some to sleep in a dining room in his house, which was separate from the family’s living quarters. Barberan had previously slept there but had moved to his mother’s home a week before the incident. On May 6, 1909, Benavente was absent, leaving his wife, young daughter, and nephew, Celestino Basco, at home. That night, they secured the house, barring the door to the dining room and closing all windows before retiring. Around 1:00 AM, Basco heard a noise and woke his aunt. They discovered a man, identified as Barberan, hiding in their room. Benavente’s wife confronted him, but Barberan pushed her and escaped through a partly open window. It was established that Barberan had gained entry by climbing over a fence, scaling to a window about 3 varas from the ground, and using an instrument to force it open, breaking the half-worn-out bolt. Barberan’s defense was that he did not forcibly enter a house he considered his own, having previously been authorized to sleep there.

ISSUE:
Did Luciano Barberan commit forcible entry despite his prior occasional authorization to sleep in a different part of the house, considering his mode of entry into the private family quarters?

RULING:
Yes, Luciano Barberan is guilty of forcible entry. The Supreme Court ruled that Barberan’s prior occasional permission to sleep in the dining room did not extend to authorizing him to stealthily enter the private family apartment through a window by force. His entry at a late hour, while the occupants were asleep and had secured their doors and windows, clearly demonstrated that it was against their will. The act of climbing to a window and using an instrument to break its bolt constituted “violence” in the context of forcible entry, as defined by Article 491, paragraph 2, of the Penal Code and established jurisprudence. The Court affirmed the trial court’s finding of nocturnity as an aggravating circumstance but clarified that scaling a wall, being an essential element of the forcible entry in this specific instance, should not be considered a separate aggravating circumstance. This correction, however, did not alter the imposed penalty. The judgment sentencing Luciano Barberan to four years, nine months, and eleven days of prision correccional, payment of a fine of 2,500 pesetas (with subsidiary imprisonment in case of insolvency), and accessory penalties, was affirmed.