Petitioner
Augusto Balde
Respondent
Court of Appeals
Citation
G.R. No. L-46980
Court
Supreme Court
Division
First Division
Ponente
Narvasa, J.
Decided
May 29, 1987

Summary

Augusto Balde was convicted by the City Court of Legaspi City for qualified trespass to dwelling under Article 280 of the Revised Penal Code after entering his cousin Leonida Achacon's house without permission. The Court of Appeals affirmed his conviction and imposed an indeterminate sentence of 4 months and 1 day of arresto mayor to 2 years, 3 months and 1 day of prision correccional, plus a P200 fine. Balde argued that his entry was not against Leonida's will and that he was denied proper preliminary investigation. The Supreme Court denied his petition for review on certiorari, finding no special reasons warranting discretionary review and no reversible error in the appellate court's factual findings. The Court emphasized that appeals to the Supreme Court are not a matter of right but require special and important reasons involving questions of law.

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By the Intellegal Editorial Board · May 29, 1987

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