United States v. Barnedo
REITERATIONFacts
The Antecedents: The defendants and appellants broke into the house of a mother and her two daughters around midnight with the purpose of having carnal relations with them. They maltreated the women but desisted from their original intention and left the house. Procedural History: The lower court found the accused guilty of trespass to dwelling with violence. The Petition: The defendants and appellants contended that the facts constituted a crime distinct from that charged.
Issue(s)
Whether the facts constitute a crime distinct from trespass to dwelling with violence. Whether the accused are guilty of trespass to dwelling with violence under paragraph 2 of article 491 of the Penal Code.
Ruling
The judgment of the lower court is modified. Each of the accused is sentenced to four years nine months and eleven days of prision correccional, to pay a fine of two hundred pesos, or to suffer subsidiary imprisonment in case of insolvency, and to pay one-fourth of the costs of both instances.
Ratio Decidendi
On the issue of whether the facts constitute a crime distinct from trespass to dwelling with violence: The Court held that while the facts might have supported a conviction for attempted rape if the information was so worded, this did not impeach the basis point that with the object of violating these women, the accused committed a trespass to their dwelling with violence. The Court acknowledged that all trespasses ordinarily have some motive, and although the motive herein was in itself criminal, it did not expand so as to override the offense which was charged and which was undoubtedly perpetrated. Therefore, the contention that the facts constitute a distinct crime does not absolve them from the charge of trespass to dwelling. On the issue of whether the accused are guilty of trespass to dwelling with violence under paragraph 2 of article 491 of the Penal Code: The Court found that the defendants and appellants were guilty of a violation of paragraph 2 of article 491 of the Penal Code. This conclusion was reached by considering the leading case of U. S. vs. Arceo and the later case of U. S. vs. Ticson, which dealt with similar facts and held the accused guilty of trespass to the dwelling. The Court noted the aggravating circumstance of nocturnity but found no sufficient proof of the accused taking advantage of superior strength, nor were there any extenuating circumstances. Consequently, the penalty imposed was the minimum of the maximum of prision correccional.
Main Doctrine
The commission of a criminal motive, such as the intent to violate women, does not override the offense of trespass to dwelling with violence when the latter is clearly perpetrated and charged.