Petitioner
Pedro Gabriel & Avelino Natividad
Respondent
People
Citation
G.R. No. L-6730
Court
Supreme Court
Division
En Banc
Ponente
Paras, C.J.
Decided
October 15, 1954

Summary

Pedro Gabriel and Avelino Natividad posed as Meralco inspectors and entered the Jones residence against the occupant's will. Mrs. Jones had told them to wait on the porch and closed the door, clearly manifesting opposition to their entry. Despite this, they forced their way into the bedroom and searched for electrical equipment. The Supreme Court affirmed their conviction for simple trespass to dwelling under Article 280 of the Revised Penal Code, distinguishing the case from precedents where entry was consensual or without opposition. The Court rejected their defense of rendering service to justice, noting they lacked a search warrant and acted only on suspicion. The decision clarifies that implied opposition through conduct can establish the lack of consent required for trespass to dwelling.

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By the Intellegal Editorial Board · October 15, 1954

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