OASAN, Wendell Leigh M.

G.R. No. 8469 US v PANES FACTS           

May 23, 2011

The United States, Plaintiff-appellee Deogracias Panes, defendant-appellant Defendant was charged with the crime of entering the house of another against the latter’s consent. Defendant was found guilty of the crime charged. Fine of 500 pesetas, with subsidiary imprisonment in case of insolvency with accessory penalties provided by law Offense is under Article 491 of the Penal Code The defendant filed an appeal Owner of the dwelling house: Inocencia Guillan Location of the crime: owner’s house, Municipality of Passi, Province of Iloilo, Philippine Islands Date of crime: Sept. 18, 1912 Judge: Hon. James S. Powell

ISSUE  Is the defendant guilty of the crime charged in the complaint?

HOLDING   The defendant is guilty The sentence of the lower court should be affirmed

RATIO DECIDENDI  It is well-settled general rule that whoever enters the dwelling of another at a late hour of night, after the inmates have retired and closed their doors, does so against their will and in violation of the provisions of Article 491 of the Penal Code. Under these circumstances, an express prohibition is not necessary, as such prohibition is presumed.

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