Name: EUGENIO, KRISTIAN M.

Section: 3C

Amado Daniel alias Amado Ato

FACTS:
-13 year old Margarita Paleng filed a complaint against Amado Daniel alias "Amado Ato" for the
crime of rape.
-On September 20, 1965, Margarita, a native of Mt. Province, arrived in Baguio City from Tublay
in a Dangwa bus. She was then en route to her boarding house in Guisad as she was a
highschool student at the Baguio Eastern High school. While she was waiting inside the bus, the
accused Daniel came and started molesting her by inquiring her name and getting hold of her
bag. She did not allow the latter and instead called the attention of the bus driver and the
conductor but was merely shrugged off by them. It seemed that they were also afraid of the
accused.
-Despite the rain, she left the bus and went to ride in a jeep parked some 100 meters away. The
accused followed her and rode and sat beside her. When Margarita alighted in Guisad, she was
again followed by the accused.
- Reaching her boarding house, she opened the door and was about to close it when the
accused dashed in and closed the door behind him. -He pulled a dagger 8 inches long and
threatened her saying. "If you talk, I will kill you." Because of her fear, Margarita fell silent. She
was then forced to lie down with the accused placing a handkerchief in her mouth and holding
the dagger to her neck.
-Her attempts to flee were to no avail as she was only 4 fi and 8 inches tall and 95 lbs while
Daniel was 5 ft. 7 inches tall and weighed 126 lbs.
-The accused was successful in having carnal knowledge of Margarita. Thereafter she lost
consciousness. When she recovered, Daniel had already gone.
-For his defense, Daniel asserts that he and Margarita have known each other since 1963 and
this was in fact the second time he had carnal knowledge of her. Also, he alleges that he
promised to marry Margarita and was actually surprised that she filed the complaint against
him..
-Medico-Legal report by Dr. Perfecto Micu indicated that Margarita was a virgin before the
incident complained of.

ISSUES:
Whether or not a boarding house falls within the definition of "dwelling" in the RPC?
RULING:

Yes. The boarding house falls within the definition of dwelling.

The court explained that generally in a case of this nature, the evidence of the prosecution
consists solely of the testimony of the offended party. The declaration of the victim, who at the
time of the incident was a little less than 13 years of age, on the basis of which the trial court
found the charge of rape was duly established. Moreover, the issue being one of credibility, the
Court find no cogent reasons for discarding the findings of facts of the trial court which were
sustained by the Court of Appeals after the latter had examined the evidence as a result of
which it certified the case to this Court.
Furthermore, Appellant assails the veracity of the testimony of the complainant. The court
negates that there could no possible motive a thirteen-year old girl barely in her teens hus in
fabricating a story that could only bring down on her and her family shame and humiliation and
make her an object of gossip and curiosity among her classmates and the people of her
hometown. It cannot be denied that a public trial involving a a crime of this nature subjects the
victim to what can be a harrowing experience of submitting to a physical examination of her
body, an investigation by police authorities, appearance in court for the hearing where she has
to unravel lewd and hideous details of a painful event which she would prefer to forget and
leave it unknown to others. The Court also finds it preposterous in the insinuation that this
complaint was filed because appellant had not married the girl although he promised to marry
her.
In the issue of dwelling, 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 used in Art. 14
(3) RPC. The Court said that it is not necessary under the law, that the victim owns the place
where he lives or dwells. But 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.
For all the foregoing the Court holds that the correct penalty is death pursuant to Art. 335 of the
RPC. However, for lack of necessary number of votes, the penalty next lower in degree is to be
applied.
 Danilo J. Bajas
FACTS:
That on or about the 18th day of July, 1984, in the City of Tagbilaran, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, with the intent to gain and by
the use of force and violence, did then and there... willfully, unlawfully and feloniously assault,
attack, and beat Nestora Horoboro with a wooden pole, and with the use of a stainless knife, a
deadly weapon, stab the latter on the vital parts of her body thereby inflicting upon her various
mortal wounds which directly caused the... death of said Nestora Horoboro, and thereafter, the
said accused did then and there willfully, unlawfully, feloniously and forcibly take and carry away
one (1) rota-air electric fan and one (1) Sanyo Dynamic radio casette recorder, to the damage
and prejudice of the heirs of the... said Nestora Horoboro in an amount to be proved during the
trial.
Acts committed contrary to the provisions of Article 294 of the Revised Penal Code with the
aggravating circumstances of treachery, obvious ungratefulness and dwelling.
From the decision which is the subject of review in this case, it is disclosed that the accused
was asked by the trial court "if his lawyer has explained to him the consequences of his plea of
guilty and whether he understood fully well the explanations of his lawyer taking into... account
that the crime charged is a capital offense and the answer of the accused was in the
affirmative." Because of the acknowledgment made by the accused that his lawyer had
explained to him the consequences of the plea of guilty entered by him, the court considered
the... voluntary plea of guilty of the accused as a mitigating circumstance but took into account
the three (3) aggravating circumstances of treachery, obvious ungratefulness and dwelling
alleged in the Information as attendant to the commission of the offense charged when it
rendered... its judgment.

ISSUES:
That the court erred in not ascertaining whether the accused fully understood the nature and
meaning of the charge against him and... the consequences of his plea of guilty; and
furthermore, in not receiving evidence to substantiate the attendance of the alleged aggravating
circumstances and in not keeping a record of the proceedings during the arraignment.

RULING:
The contentions of counsel for the accused-appellant are well taken.
In this regard, We agree with the view of the Office of the Solicitor General, representing the
People, that it is the court who is duty bound to explain to the accused who pleads guilty on
arraignment to a charge which carries the penalty of capital... punishment, the nature of said
accusation and the effect of the attendant circumstances alleged in the Information, as well as
to take the testimony of witnesses regarding said matters.
Said requisites which are set forth and prescribed in abundant jurisprudence have not been
complied with in the instant case. The court below did not even bother to ascertain from the
accused just what were the explanations given to him by his lawyer regarding the effects... of
the plea which the accused would make and which he eventually entered at the time of his
arraignment. What need to be here again emphasized is that, it is not enough to simply
question the accused if he had been advised by his counsel but more than this the trial court...
should inquire what exactly was the advice given to the accused and more importantly, what the
latter actually understood would be the result of his plea of guilty to the charge preferred against
him and the consequences thereof.
 Melanio M. Sporas, Virginia L. Sporas and Elena Falzon
FACTS:

ISSUES:

RULING: