Monday, March 12, 2012

People vs. Daniel [November 20, 1986]

Facts: Amado Daniel was charged with rape of 13-year-old Margarita Paleng. 

Paleng, a native of Tublay, Mountain Province, was a high school freshman at the Baguio Eastern High School when the incident occurred on September 20, 1965. She was temporarily boarding at a house in Guisad, Baguio City because of the distance of her actual residence. 

On that date, at around 3 PM, she arrived at her boarding house, and as she was about to close the door, Daniel dashed in and closed the door behind him. She tried to fight him back, but to no avail. He was freakishly taller and stronger as compared to her. So the rape transpired. 

Issue: Whether or not the specific circumstance of dwelling may be appreciated as an aggravating circumstance 

Held:  YES. The specific circumstance of dwelling may be appreciated as an aggravating circumstance because it matters not that the felony was committed in Paleng’s boarding house. Although Paleng was merely renting a bedspace in a boarding house, her room constituted, for all intents and purposes, a “dwelling” as contemplated for in RPC14(3). It is not necessary, under the law that the victim also owns the place where he lives or dwells. Be he a lessee, a boarder or a bedspacer, the place is his home, the sanctity of which the law seeks to protect and uphold. 

EFFECT TO PENALTY IMPOSABLE: From prisión mayor to reclusión temporal in the CFI, it became reclusión perpetua in the Supreme Court.

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