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Lex Traditia |
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Dwelling as Aggravating Circumstance. In People v. Parazo, this Court stressed that the "dwelling" contemplated in Article 14(3) of the Revised Penal Code does not necessarily mean that the victim owns the place where he lives or dwells. Be he a lessee, a boarder, or a bedspacer, the place is his home, the sanctity of which the law seeks to protect. The fact that the crime was consummated in the nearby house is also immaterial. Marita was forcibly taken by appellant from her dwelling house (kitchen) and then raped her. Dwelling is aggravating if the victim was taken from his house although the offense was not completed therein. (PEOPLE vs. DELA TORRE, G.R. No. 98431, January 15, 2002) Enter here for complete text. Download Supreme Court of the Philippines Jurisprudence here. Download Philippine Laws, Issuances and Circulars here. EO 52, PD 46, PD 1602, PD 1613, RA 7796, RA 7844, RA 7975, RA 8369, RA 8533, RA 8552,
RA 8559, RA 8560, RA 8791, RA 9225, RA 9255,
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