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DEPARTMENT OF JUSTICE
MANILA
x------------------------------------------------x
COUNTER-AFFIDAVIT
OF THE RESPONDENT GRACE
I, Grace Pitong Gatang, after having been sworn in accordance with law do
hereby depose and say:
2. That I have rented an apartment on the same floor as the complainant Jojo.
3. That around midnight, while I was studying, the complainant, with his 4 foot
speakers played loud music in his apartment. For 3 hours, the complainant
did not stop playing loud music. It was agonizing to study while someone is
playing loud music near your apartment.
4. That in order to stop him from disturbing his neighbors, I knocked on his
door; asked him to stop playing loud music because it disturbs his neighbors;
and that I am also studying for my exams that day. Instead of saying
anything and without closing his door fully; he immediately stepped back into
his room. I then went back to my apartment to resume my intensive studying.
6. That because of his lack of respect and sensitivity to other people’s privacy,
I was outraged, and punched him.
The provisions of this article shall not be applicable to any person who
shall enter another's dwelling for the purpose of preventing some serious
harm to himself, the occupants of the dwelling, or a third person, nor shall it
be applicable to any person who shall enter a dwelling for the purpose of
rendering some service to humanity or justice, nor to anyone who shall enter
cafes, taverns, inns, and other public houses, while the same are open.
X x x.
Qualifying circumstance
X x x.
Accused did not enter the apartment against the latter’s will.
The third element of Qualified Trespass to dwelling under Article 280 of the
Revised Penal Code is that the offender enters the dwelling of another against
the latter’s will.
In the case of People vs De Peralta2, the court ruled that in order for the
crime of Trespass to dwelling may exist, it is necessary that the entrance should
be against the express or presumed prohibition of the occupant.
In this case, the complaint was filed under the crime of qualified trespass to
dwelling. The prosecution, has the burden of proving in court that Grace committed
a felonious act, and that she, employed means of violence or intimidation in
entering Jojo’s apartment. In criminal cases; the guilt of the accused must be
proven beyond reasonable doubt. If the prosecution failed to prove guilt beyond
reasonable doubt in court, penal laws shall be construed in favor of the accused.
Second, there was a lack of intent on the part of Grace to commit a felonious
act, the circumstances would clearly sustain Grace’s position. If there was any
indication of intent to forcibly enter Jojo’s apartment or to commit a felonious act
by means of violence or intimidation, she could have done so the first time she
knocked on Jojo’s door. All trespassers ordinarily have some motive to commit a
3 Marzalado Jr. vs People of the Philippines, G.R No. 152997, November 10, 2004
4 “REVISED PENAL CODE,” Article 280
5 Ramirez vs Court of Appeals, G.R No. 93833, September 28, 1995
felonious act6. Clearly, in this case, there was none. She knocked on Jojo’s door
assuming he would open; but he did not. There was no intention even after she
came back, the fact that the door was already opened; all Grace had to do was
enter Jojo’s apartment. Because of Jojo’s utter lack of sensitivity, Grace was
outraged, which led to her punching Jojo. Clearly, it was out of impulse that she
punched Jojo, there are no substantial pieces of evidence that would prove her
intent to commit the crime of qualified trespass to dwelling.
X x x. (underscoring supplied)
By and large, the evidence for the prosecution failed to show the existence
of violence or intimidation to qualify the act as qualified trespass to dwelling, nor
were they able to prove that there was the commission of a simple trespass to
dwelling. which, according to the settled rule, must be shown beyond any
reasonable doubt. In the absence of any of the elements mentioned in Article 280
of the Revised Penal Code, the liability of the defendants would only be for the
damage caused thereby, and the consequences thereof. While the pieces of
evidence show that the appellant punched the complainant, it is, however, silent
as to the extent of the injury, in which case, the appellant should be held liable only
for slight physical injuries.
X x x. (underscoring supplied)
PRAYER
Further, the respondent respectfully prays for such and other reliefs as may be
deemed just and equitable in the premises.
X x x MANILA CITY x x x.
Xxx
GRACE PITONG GATANG