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    (CD) People Vs Daniel - G.R. L-40330 - AZapanta

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    Blopper Xhah
    The accused followed Margarita Paleng into her boarding house room and raped her at dagger point. The court ruled that a boarding house room can be considered a dwelling for the purposes of an aggravating circumstance. While Margarita only rented a bedspace, her room was her home and deserved protection. The accused was found guilty of rape with a deadly weapon in the victim's dwelling. However, instead of the death penalty, the court imposed the next lower penalty due to a lack of votes.

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    (CD) People Vs Daniel - G.R. L-40330 - AZapanta

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    Blopper Xhah
    859 views1 page
    The accused followed Margarita Paleng into her boarding house room and raped her at dagger point. The court ruled that a boarding house room can be considered a dwelling for the purposes of an aggravating circumstance. While Margarita only rented a bedspace, her room was her home and deserved protection. The accused was found guilty of rape with a deadly weapon in the victim's dwelling. However, instead of the death penalty, the court imposed the next lower penalty due to a lack of votes.

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    The accused followed Margarita Paleng into her boarding house room and raped her at dagger point. The court ruled that a boarding house room can be considered a dwelling for the purposes of an aggravating circumstance. While Margarita only rented a bedspace, her room was her home and deserved protection. The accused was found guilty of rape with a deadly weapon in the victim's dwelling. However, instead of the death penalty, the court imposed the next lower penalty due to a lack of votes.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    859 views1 page

    (CD) People Vs Daniel - G.R. L-40330 - AZapanta

    Uploaded by

    Blopper Xhah
    The accused followed Margarita Paleng into her boarding house room and raped her at dagger point. The court ruled that a boarding house room can be considered a dwelling for the purposes of an aggravating circumstance. While Margarita only rented a bedspace, her room was her home and deserved protection. The accused was found guilty of rape with a deadly weapon in the victim's dwelling. However, instead of the death penalty, the court imposed the next lower penalty due to a lack of votes.

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    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.

    AMADO DANIEL ALIAS


    "AMADO ATO", ACCUSED-APPELLANT.
    G.R. L-40330
    November 20, 1978
    MUÑOZ PALMA, J.:
    FACTS
    The offended party in this case is Margarita Paleng, at the time she was temporarily boarding at a
    house located at Pinsao, Guisad, Baguio City, as she was then a first year high school student at
    the Baguio Eastern High School. On September 20, 1965, at about three o'clock in the afternoon,
    she had just arrived in the City from Tublay in a Dangwa bus. Because it was then raining and
    the bus was parked several meters away from the bus station, she waited inside the bus. After
    about three minutes of waiting, the accused came and started molesting her by inquiring her
    name and getting hold of her bag, but she did not allow him to hold her bag. She called the
    attention of the bus driver and the conductor about the actuation of the accused, but it seemed
    that the former were also afraid of him. He still followed her.
    Reaching her boarding house, she opened the door and was about to close it when the accused
    dashed in and closed the door behind him. When she entered her room, the accused went in, he
    pulled a dagger eight inches long and threatened her: 'If you will talk, I will kill you'. Margarita
    was stunned into silence because of her fear. Thereupon, the accused held her hair with his left
    hand and forced her to lie down in bed. He also placed his left hand with a handkerchief in
    Margarita's mouth, at the same time holding the dagger and her neck with his right hand. She
    was forcibly made to lie down and, at this moment, the accused removed the buttons of his pants.
    He then put down the dagger on the bed. Her attempts to extricate herself from the accused was
    to no avail as she was only 4 ft. and 8 inches tall and weighed about 95 to 100 pounds while the
    accused was 5 ft. and 7 inches tall and weighed about 126 pounds.
    He then held his penis, used his thigh to separate the legs of Margarita tried, but failed, to
    remove her panty. He nonetheless guided his penis and inserted it inside the vagina of the
    complainant after prying open the part of her panty covering her private parts. Then he
    succeeded in having carnal knowledge of the offended party. Margarita lost consciousness.
    When she recovered, he was already gone.
    The following morning, her father came to visit her. She confided to him the terrible misfortune
    which befell her.
    ISSUE
    Whether or not the aggravating circumstance of committing a crime in a boarding house can be
    considered as dwelling? (YES)
    RULING
    To conclude, the crime committed by the appellant is rape with the use of a deadly weapon with
    the aggravating circomstance of having been committed in the dwelling of the offended party.
    Although Margarita was merely renting a bed-space in a boarding house, her room constituted
    for all intents and purposes a "dwelling" as the term is used in Article 14(3), Revised Penal Code.
    It is not necessary, under the law, that the victim owns the place where he lives or dwells. Be he
    a lessee, a boarder, or a bed-spacer, the place is his home the sanctity of which the law seeks to
    protect and uphold.
    Hence, the correct penalty for the crime committed is death pursuant to Article 335 of the
    Revised Penal Code as amended. However, for lack of the necessary number of votes, the
    penalty next lower in degree is to be applied.

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