Dwelling, A14(3) Revised Penal Code

1. Concept

Dwelling, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in the dwelling of the victim.

a. Legal basis

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

3. That the act be committed… in the dwelling of the offended party, if the latter has not given provocation.

(Revised Penal Code)

2. Dwelling

For the aggravating circumstance of dwelling, the offender commits the crime in the dwelling of the victim.

a. Sanctity of the human abode

Dwelling is considered aggravating because of the sanctity of privacy that the law accords to human abode. (People v. Ventura, En Banc, G.R. No. 148145-46, July 5, 2004, Per Curiam)

[D]welling is aggravating because of the sanctity of privacy which the law accords to human abode. He who goes to another's house to hurt him or do him wrong is more guilty than he who offends him elsewhere. (People v. Agcanas, En Banc, G.R. No. 174476, October 11, 2011, Per Sereno, J.)

Dwelling aggravates a felony where the crime is committed in the dwelling of the offended party provided that the latter has not given provocation therefor. (People v. Jugueta, G.R. No. 202124, April 5, 2016, Per Peralta, J.)

People v. Ambis (Bagobo), En Banc, G.R. No. 46298, September 30, 1939, Per Imperial, J.:

• When Ambrosia Puton (alias Fortunata, alias Ambuyong), became a widow, the herein accused desired to take her as ...