G.R. No. L-5804
THE UNITED STATES, plaintiff-appellee, vs. CRISTOBAL PARAY, defendant-appellant.
November 23, 1910

FACTS:
On March 21, 1908, Cristobal Paray approached the house of Severina Estabillo in a violent temper, threatening her with death. Despite Estabillo forbidding him entry and closing the door, which she and her daughter Damasa Pascual held shut from the inside, Paray violently pushed the door open and entered the house. Once inside, Paray physically assaulted both Severina Estabillo and Damasa Pascual by slapping and kicking them, causing them slight bruises and bodily pains.
Paray was charged with and convicted of forcible entry by the Court of First Instance of Tarlac, which sentenced him to two years and five months of prision correccional, a fine of 325 pesetas, and other accessory penalties. Paray appealed the judgment.

ISSUE:
Did the acts committed by Cristobal Paray constitute the crime of forcible entry, qualified by violence, as provided for in Article 491, paragraph 2, of the Penal Code?

RULING:
Yes. The Supreme Court affirmed the lower court’s decision, finding Cristobal Paray guilty of the crime of forcible entry, qualified by violence against persons. The Court held that despite the explicit prohibition from Severina Estabillo and Damasa Pascual, their active resistance in holding the door, and Paray’s prior threats, he violently forced his way into their dwelling. Furthermore, once inside, he physically assaulted both women. These acts clearly fall under Article 491, paragraph 2, of the Penal Code, which punishes forcible entry committed with violence or intimidation. The Court considered Paray’s scant education as a special mitigating circumstance under Article 11 of the Penal Code, but found no aggravating circumstances.