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    US Vs Macaspac, 9 Phil 207

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    Divina Gracia Hinlo
    Atanacio Macaspac, a lieutenant of the barrio, forcibly entered the home of Apolonia Ico without a search warrant or her consent to search the property. Ico objected to the search along with two witnesses. The Supreme Court ruled that Macaspac's actions constituted the crime of forcible entry of a dwelling as he was not authorized to conduct the search and violated Ico's domicile against her wishes. As a public official, Macaspac abused his power by entering the home without judicial authorization.

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    US Vs Macaspac, 9 Phil 207

    Uploaded by

    Divina Gracia Hinlo
    218 views1 page
    Atanacio Macaspac, a lieutenant of the barrio, forcibly entered the home of Apolonia Ico without a search warrant or her consent to search the property. Ico objected to the search along with two witnesses. The Supreme Court ruled that Macaspac's actions constituted the crime of forcible entry of a dwelling as he was not authorized to conduct the search and violated Ico's domicile against her wishes. As a public official, Macaspac abused his power by entering the home without judicial authorization.

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    US vs Macaspac, 9 Phil 207

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    Atanacio Macaspac, a lieutenant of the barrio, forcibly entered the home of Apolonia Ico without a search warrant or her consent to search the property. Ico objected to the search along with two witnesses. The Supreme Court ruled that Macaspac's actions constituted the crime of forcible entry of a dwelling as he was not authorized to conduct the search and violated Ico's domicile against her wishes. As a public official, Macaspac abused his power by entering the home without judicial authorization.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    218 views1 page

    US Vs Macaspac, 9 Phil 207

    Uploaded by

    Divina Gracia Hinlo
    Atanacio Macaspac, a lieutenant of the barrio, forcibly entered the home of Apolonia Ico without a search warrant or her consent to search the property. Ico objected to the search along with two witnesses. The Supreme Court ruled that Macaspac's actions constituted the crime of forcible entry of a dwelling as he was not authorized to conduct the search and violated Ico's domicile against her wishes. As a public official, Macaspac abused his power by entering the home without judicial authorization.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    L-3878 November 16, 1907

    THE UNITED STATES, Plaintiff-Appellee, vs. ATANACIO MACASPAC, Defendant-


    Appellant.

    Facts:

    On the morning of April 19, 1906, Atanacio Macaspac, lieutenant of the barrio,
    made his appearance at the gate of the yard of Apolonia Ico's house, situate in the barrio
    of San Antonio, town of Lubao, Pampanga, and stated that he intended to enter the house
    and search it. The landlady objected to such search, in the presence of one Luis and
    Maria dela Cruz, who were also there on that occasion and three times repeated therefor
    the absence of her husband from the house. But in spite of her opposition to such search
    and that offered in support thereof by her said companions, the defendant, not being
    provided with and showing no order of court, insisted upon entering the said dwelling
    under a threat that he would procure a search warrant; thereupon he entered and
    proceeded to search the house and inspect some jars and baskets therein contained. The
    said inmates were not aware of what was being searched for, and the defendant was
    accompanied at the time by one Pedro Manalandin, Moning Sambat, and Tolome Devera.

    Issue:

    Whether or not Anatacio Macaspac has violated the domicile of Apolonia Ico by
    forcible entry.

    Ruling:

    Yes. The Supreme Court held that the facts as above described, and which have
    been clearly proved in the present cause, constitute the crime of forcible entry of a
    dwelling committed by the defendant in his official capacity as lieutenant of the barrio, as
    defined and penalized by article 205, No. 1, of the Penal Code, which provides as follows:

    The following shall incur the penalties of suspension in its minimum and medium
    degrees and a fine of from 325 to 3,250 pesetas:

    1. The public official who, not being a judicial authority nor empowered in the
    manner prescribed in article 200, shall enter the domicile of a Spaniard or foreigner
    without his consent.

    Atanacio Macaspac, as lieutenant of the barrio, had no authority to make such


    search, nor was he provided at the time he made the search with a judicial order, hence
    he abused the power he had in his official capacity as lieutenant of the barrio when,
    contrary to the wishes of the injured party, he entered her dwelling to execute a search
    for which he was not clothed with authority, nor provided with the necessary judicial order.

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