Lorenzo Manuel G.

Macainag

PEOPLE v. DANIEL, G.R. No. L-40330, 20 November 1978

Nature: Aggravating Circustances - Disregard of rank, age or sex, and dwelling

Facts: On September 20, 1965, accused Amado Daniel, alias “Amado Ato”
succeeded in having carnal relations with Margarita Paleng, a 13 year old girl,
inside her boarding house in Baguio City. Originally a resident of Tublay, Moun-
tain Province, she was living in the boarding house because she was studying at
Baguio Eastern High School. On that day, Daniel followed her from the bus after
arriving at the city from Tublay. Daniel followed her inside her boarding house,
threatened to kill her using a dagger, and raped her. Her father arrived the next
day to visit her and they went to the Baguio General Hospital and had Margarita
examined. They proceeded to the Police Department and then the Health Center
to have a medico-legal examine Margarita. Based on the medical exam, a crimi-
nal complaint was filed against Daniel. Trial Court found Daniel guilty of rape,
sentencing him to imprisonment of not more than 12 years and 1 day of reclusion
temporal and not less than 6 years and 1 day of prision mayor. On appeal, the
CA found Daniel guilty but the penalty should be increased to reclusion perpet-
ual to death, and certifying the case to the Supreme Court, pursuant to RA 4111.

Issue: Whether or not the aggravating circumstance of having been committed

in the dwelling of the offended party should be appreciated in this case since
Margarita was merely renting a bedspace

Held: YES. Premises considered, We affirm the judgment of conviction of

Amado Daniel for the crime of rape as charged, and We sentence him to suffer
the penalty of reclusion perpetua because of lack of votes necessary to impose
the penalty of death.

Ruling: To conclude, the crime committed by the appellant is rape with the use
of a deadly weapon with the aggravating circumstance of having been committed
in the dwelling of the offended party. Although Margarita was merely renting a
bedspace in a boarding house, her room constituted for all intents and purposes
a "dwelling" as the term is used in Article 14(3), Revised Penal Code. It is not
necessary, under the law, that the victim owns the place where he lives or dwells.
Be he a lessee, a boarder, or a bed-spacer, the place is his home the sanctity of
which the law seeks to protect and uphold. Hence, the correct penalty for the
crime committed is death pursuant to Article 335 of the Revised Penal Code as
amended. However, for lack of the necessary number of votes, the penalty next
lower in degree is to be applied.

* Separate Opinions of Chief Justice Castro and Justice Aquino centered around the
issue of jurisdiction of the SC, whether or not certification of the CA was valid.