118

People v. Daniel
86 SCRA 511 (1978)

FACTS:

13 year old Margarita Paleng filed a complaint against Amado Daniel for the
crime of rape. For his defense, Daniel asserts that he and Margarita have
known each other since 1963 and it was in fact the 2 nd time he had carnal
knowledge with her. He also alleged that he promised to marry Margarita and
was surprised that she filed a complaint against him. Medico-Legal reports
indicated that Margarita was a virgin before the incident took place.

ISSUE:

Whether or not the crime committed by Daniel is rape with the use of a deadly
weapon with the aggravating circumstance of having been committed in the
dwelling of the offended party.

HELD:

Yes. 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.