G.R. No. 169077, August 31 2006 [Article 14 - Revised Penal Code Bk I: Aggravating Circumstance – Dwelling]
FACTS:Salome entered into the house
where 13 year old Sally Idanan was sleeping. He poked a knife against her neck
and then raped her. He threatened Idanan so that she may not report the
incident to authorities. When she found out that she’s pregnant, she reported
the incident. Salome offered the defense of alibi in court claiming that he
went fishing at the time of the incident. Trial court convicted Salome of rape
qualified by the use of a bladed weapon, committed inside the dwelling of
Sally, as defined and penalized under Article 335 of the Revised Penal Code, as
amended by Republic Act No. 7659.
ISSUE:
Whether or not the aggravating
circumstance of dwelling be appreciated against Salome.
HELD:
Yes. The Court finds Salome’s denial untenable.
The aggravating circumstance of dwelling is appreciated
against him. It suffices to state that private complainant categorically
testified that she was sleeping inside her house when appellant came and
perpetrated the crime. This is proof enough of the absence of provocation on
the part of private complainant. For a sleeping thirteen (13) – year old barrio
girl cannot possibly give any kind of provocation to appellant under the
circumstances.
Since the crime of rape was
committed by appellant with the use of a deadly weapon, punishable by reclusion
perpetua to death, the presence of the aggravating circumstance of dwelling,
without the presence of any mitigating circumstance, justified the trial
court’s imposition of the death penalty. However, pursuant to RA 9346
which suspends the death penalty, his penalty is sustained at reclusion
perpetua without parole.
