Article 128

Violation of Domicile
G.R. No. 179080 November 26, 2014
EDIGARDO GEROCHE, ROBERTO GARDE and GENEROSO MARFIL alias
"TAPOL", Petitioners, vs. PEOPLE OF THE PHILIPPINES, Respondent
FACTS:
Armed with garand rifles, EDIGARDO GEROCHE, a barangay captain,
with some CAFGU (Citizen Armed Force Geographical Unit) members
forcibly entered the house of ROBERTO MALLO, the houses occupant, by
destroying the main door. They entered without a search warrant and
without consent from the owner of the said house, BALERIANO LIMBAG.
The petitioners looked for firearms in the house but instead found and
took away an airgun. They also attacked ROBERTO MALLO and caused him
injuries. This happened at New Lantawan, Barangay Greenhills, Province
of Cotabato on May 14, 1989 at 10 in the evening.
The petitioners denied the crime charged against them and mentioned
that they were in their houses on the night of May 14, 1989. They alleged
that they conducted a roving footpatrol the night before.
They were found guilty beyond reasonable doubt on the crime of Less
Serious Physical Injuries on November 15, 2001. The case was elevated to
the CA and CA ruled that they are guilty of Violation of the Domicile since
they were public officers/employees.
Edigardo Geroche was a barangay captain. Garde and Marfil were
CAFGU members. Thus, they are considered as public employees.
ISSUE:
Whether or not the petitioners are guilty of Violation of Domicile -Yes
HELD/RULING
The petitioners entered the house of Baleriano Limbag without
proper judicial order and during nighttime while Limbag and Mallo were
asleep and also brought with them an airgun. In this case, the petitioners
were held GUILTY beyond reasonable doubt of Violation of Domicile.
They were penalized under Article 128 of the Revised Penal
Code with the modification that the penalty that should be enforced is an
indeterminate sentence of two (2) years and four (4) months of prision

correccional as minimum, to four (4) years, nine (9) months and ten (10)
days of prision correccional as the maximum.