Petitioner
Marzalado, Jr.
Respondent
People
Citation
G.R. No. 152997
Court
Supreme Court
Division
First Division
Ponente
Quisumbing, J.
Decided
November 10, 2004

Summary

Salvador Marzalado Jr. was charged with qualified trespass to dwelling for allegedly entering a rented unit owned by his mother. The complainant-lessee Cristina Albano claimed he unlawfully entered on November 2, 1993, changed locks, and took her belongings. Petitioner defended that he entered on November 3 with barangay officials to turn off a flooding faucet. Lower courts convicted him, but the Supreme Court reversed, finding his entry was legally justified to prevent property damage. The Court ruled that criminal intent could not be established when the entry was for remedial purposes with proper barangay assistance, and acquitted petitioner for lack of evidence beyond reasonable doubt.

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By the Intellegal Editorial Board · November 10, 2004

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