Trespass To Dwelling


1. That the offender is a private person;
2. That he enters the dwelling of another; and
3. That such entrance is against the latter’s will.

Qualifying circumstance: If the offense is committed by means of
violence or intimidation.

There must be an opposition on the part of the owner of the house to
the entry of the accused.

Dwelling: any building or structure exclusively devoted for rest and
comfort, depends upon use; maybe a room; implied prohibition
depending on circumstances

DWELLING: This is the place that a person inhabits. It includes the
dependencies which have interior communication with the house. It is
not necessary that it be the permanent dwelling of the person; hence,
a person’s room in a hotel may be considered a dwelling.
It also includes a room where one resides as a boarder.

If the purpose in entering the dwelling is not shown, trespass is

If the purpose is shown, it may be absorbed in the crime as in
robbery with force upon things, the trespass yielding to the more
serious crime.

Implied prohibition is present considering the following situation.
Ex. Felony was committed late at night and everyone’s asleep or
entrance was made through the window.

Prohibition is not necessary when violence or intimidation is
employed by the offender.

When there is no overt act of the crime intended to be committed
(Ex. theft), the crime is trespass to dwelling.

If the purpose is not shown and while inside the dwelling he was
found by the occupants, one of whom was injured by him, the crime
committed will be trespass to dwelling and frustrated homicide,
physical injuries, or if there was no injury, unjust vexation.

If the entry is made by a way not intended for entry, that is presumed
to be against the will of the occupant (example, entry through a window).
It is not necessary that there be a breaking.

Against the will: This means that the entrance is, either expressly or
impliedly, prohibited or the prohibition is presumed. Fraudulent
entrance may constitute trespass. The prohibition to enter may be made
at any time and not necessarily at the time of the entrance.

To prove that an entry is against the will of the occupant, it is not
necessary that the entry should be preceded by an express prohibition,
provided that the opposition of the occupant is clearly established by
the circumstances under which the entry is made, such as the existence
of enmity or strained relations between the accused and the occupant.

Offender is public officer: Crime is violation of domicile.

No overt act of the crime intended to be committed: Crime is trespass to

Trespass may be committed even by the owner of the dwelling against
the actual occupant thereof.


   - entrance is for the purpose of preventing harm to himself, the
     occupants or a third person;

   - purpose is to render some service to humanity or justice; and

   - place is a cafĂ©, tavern, etc. while it is open.

Medina case: 
When the accused entered the dwelling through the window, he had no
intent to kill any person inside. His intention to kill came to his
mind when he was being arrested by the occupants thereof. Hence, the
crime of trespass to dwelling is a separate and distinct offense
from frustrated homicide.

Examples of trespass by means of violence:
1. Pushing the door violently and maltreating the occupants after
2. Cutting of a ribbon or string with which the door latch of a closed
   room was fastened. The cutting of the fastenings of the door was an
   act of violence.
3. Wounding by means of a bolo, the owner of the house immediately after

Examples of trespass by means of intimidation:
1. Firing a revolver in the air by persons attempting to force their
   way into a house.
2. The flourishing of a bolo against inmates of the house upon gaining
   an entrance


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