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Ignacio, Emmanuelle Christian A.

G.R. No. L-40330 November 20, 1978
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.
AMADO DANIEL alias "AMADO ATO", accused-appellant.
Ponente: Muñoz Palma. J.

This case originated from the Court of First Instance of Baguio City by virtue of a
complaint filed by 13-year old Margarita Paleng accusing Amado Daniel alias "Amado Ato" of
rape. On September 20, 1965, the accused Amado Daniel, allegedly raped Margarita Paleng, a 13
year old girl, inside her boarding house in Baguio City. The victim, originally from Tublay,
Mountain Province, was living in the boarding house because she was studying at Baguio Eastern
High School. Daniel followed her from the bus after arriving at the city from Tublay. Daniel
followed her inside her boarding house, allegedly 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. Subsequently, they filed a criminal complaint against
Daniel. For the defense of the accussed, he contends that he and the victim have known each other
since 1963 and this was in fact the second time they had carnal knowledg. Likewise, he further
alleges that he promised to marry the victim and was actually surprised the she filed the complaint
against him. The 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 affirmed the conviction.
Whether or not Amado Daniel is guilty of the crime of rape? Whether or not the aggravating
circumstance of dwelling should be recognized?
Yes. He is guilty of the crime charged. The crime committed by Daniel is rape with the use of a
deadly weapon and accompanied by the aggravating circumstance of having been committed in
the dwelling of the offended party. Although Margarita was merely renting a bed-space in a
boarding house, her room constituted for all intents and purposes a “dwelling” as the term is used
in Art 14 (3) RPC. 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 w/c the
law seeks to protect and uphold..