Unlawful entry, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender unlawfully enters a premises or a place and then commits the crime.
a. Legal basis
Article 14. Aggravating circumstances. - The following are aggravating circumstances:
18. That the crime be committed after an unlawful entry.
(Revised Penal Code)
2. After an unlawful entry
For the aggravating circumstance of after an unlawful entry, the offender unlawful enters a premises or place and then commits the crime.
a. Unlawful entry, definition
There is an unlawful entry when an entrance is effected by a way not intended for the purpose. (REVISED PENAL CODE, Article 14)
People v. Evangelio, G.R. No. 181902, August 31, 2011, Per Peralta, J.:
• [In this case, the aggravating circumstance of unlawful entry was not appreciated.] [E]vidence showed that all the accused freely entered the [victims'] residence through the open kitchen door, which is clearly intended for ingress and or egress.
b. Precedes the crime
People v. Galapia, En Banc, G.R. No. L-39303-05, August 1, 1978, Per Concepcion Jr., J.:
• [T]he accused [E.] Galapia… and [L.] Agudelo were married… After their marriage, the spouses lived with [the wife’s mother]. Living with his mother-in-law became extremely difficult so that sometime [later] the husband left the house to live with his own parents, about a kilometer away. His wife and son, how...
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