Article 128

VIOLATION OF DOMICILE

3 acts punishable:
�Being authorized by law� � means with search warrant, save himself or do some
things good for humanity
There must be expression that entry is denied or that he is asked to leave
Papers and effects need not be part of a crime.
offense committed at nighttime
papers or effects not constituting evidence of a crime be not returned immediately
person enters dwelling w/o consent or against the will
person enters and searches for papers and effects
person entered secretly and refuses to leave after being asked to

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1. Trespass to dwelling which, depending upon the mode of entry, may be either:
(a). Simple which is entry without violence or (b) Qualified which is entry with
violence

2. Trespass to Estate or to Property

II. Trespass to Dwelling: this connotes that a stranger i.e. one who is not an
occupant, actually enters the dwelling of another against the will of the owner or
lawful occupant, whether express or implied.

1. Dwelling: the place where a person habitually stays for rest, comfort and peace
of mind.

a). It includes the basic structure and the dependencies.

b). It may be owned by the victim or is merely leased by him or he is a guest or

works thereat as a stay-in.

c). The occupant need not be present at the time of entry

2. The accused is a private person else the crime is Violation of Domicile.

3. In Qualified Trespass, the entry is by means of violence or intimidation

a). The violence or intimidation may be either immediately before, during or
immediately after the accused has gained entry

b). It may be against persons or against things

c). The prohibition may be express or implied, in any form, and made at any time,
not necessarily at the time of entry.

d). Examples: (i) Pushing aside the victim who is blocking the door (ii) cutting
the string used as temporary lock (iii) removing the bolt (iv) kicking the door
open

4. If there is no violence it is simple trespass

a). This includes surreptitious entry

b). When the accused entered by pushing open a door with his finger, the crime is
simple trespass. But if upon entering an occupant pushes him out and the accused
boxed, kicked or fought against the occupant, the crime is qualified trespass

c). A consented entry does not become unconsented thereby giving rise to trespass
just because the entrant performed an act whereby he is ordered to leave but he
refused.

Example: The maid allowed the accused to enter. When the father learned his
intention was to court the daughter, he got mad, berated the accused and told him
to leave. The accused refused not until he can see the daughter. Before being
forcibly pushed out, the accused answered back and argued with the father. Did the
accused commit trespass? Answer: No, because he was allowed to enter by a lawful
occupant.

But if the father had previously already told the accused he was not welcome into
his house and instructed the maid not to let the accused enter but the maid later
allowed the accused to enter, the accused is guilty of trespass.

5. The entry must not be to commit a more serious crime inside the dwelling
because:

a). The entry maybe absorbed as an element of the crime, such as in robbery

b). It may constitute the aggravating circumstance of unlawful entry or dwelling,

as when the accused entered the dwelling in order to kill or injure an occupant.

c). Where a person was found inside a dwelling, and upon discovery he kills an
occupant, there are two separate crimes: (i) trespass and (ii) homicide or murder
6. The accused may be the owner of the building so long as the occupancy was
voluntarily given to the victim. Example: the lessee may file Trespass against the
lessor who enters the leased premises against the will of the lessee.

7. Justified trespass: If the entry is: (a) to prevent serious harm to himself, to
an occupant or to a third person (b). to render some service to humanity or justice
(c). in case of public houses while they are open

Example: X snatched the wallet of Y who gave chase. X ran inside an apartment and Y
followed inside and collared the snatcher. X is liable for trespass but Y is not.

Example: A traveler climbed through a window and entered a house the occupants of
which are absent. The traveler had no place to sleep and a typhoon was raging. He
is not liable for trespass.

III. Trespass to Fenced Estate or Closed Premises ( Trespass to Property)

A. This requires:

a). The estate or closed premises must be uninhabited

b). There is a manifest prohibition against entry, such as a sign, or perimeter

fence even if only a strand of barbed wire

c). The permission of the owner or caretaker has not been secured

B. This includes unauthorized entry into commercial establishments and private

offices