8. Geroche et.al, vs. People of the Philippines
G.R. No. 179080, November 26, 2014
Topic: Art. 128: Violation of Domicile
Principle:
Facts:
In the evening of the 14th of May 1989, Edigardo Geroche, a barangay captain, and
Roberto Garde and Generoso Marfil, both CAFGU members, without a search warrant, suddenly
entered the residence of one Baleriano Limbag by breaking its main door and attacked him using
their fists and rifles. The assailants then searched for any firearms but instead found and seized
his airgun.
As a defense, the petitioners asserted that they were in their respective houses on the
alleged date of commission of the said crime. In addition, they stated that on May 13, 1989, they
were busy patrolling in the vicinity of Barangay Greenhills, Municipality of Pres. Roxas,
Cotabato due to the incidents of stealing of cattles.
The Court ruled that the group of Geroche are only guilty beyond reasonable doubt of the
crime of Less Serious Physical Injuries under Article 265 of the Revised Penal Code as the
prosecution failed to prove that the petitioners are indeed public officers which is an important
element for one offender to qualify for the Violation of Domicile under Article 128 of the RPC.
Thus, the private offended party elevated the case before the Court of Appeals.
Issue:
Whether the offenders are guilty of Violation of Domicile.
Ruling:
Yes, the offenders are guilty of Violation of Domicile.
Pursuant to Article 128 of the RPC, the elements of Violation of Domicile are: (1) that
the offender is a public officer or employee; (2) that he is not authorized by judicial order to
enter the dwelling and/or to make a search therein for papers or other effects; and (3) that he
commits any of the following acts: (a) entering the dwelling against the will of the owner
thereof; (b) searching papers or other effects found therein without the previous consent of such
owner; or (c) refusing to leave the premises, after having surreptitiously entered said dwelling
and after having been required to leave the same.
In the present case, the CA set aside the decision of the Regional Trial Court as Geroche,
being a barangay captain, and the other two members, as CAFGU members, were indeed public
officers who entered the dwelling of Limbag without obtaining a judicial order or a search
warrant. It is also observed that they entered the place against the will of the owner of the house.