The Law Seeks to Protect Home, Dwelling

The victim need not own 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.

QUOTE: The trial court correctly appreciated the aggravating circumstance of dwelling or morada in this case. The word dwelling includes every dependency of the house that forms an integral part thereof and therefore it includes the staircase of the house and much more, its terrace. When a crime is committed in the dwelling of the offended party and the latter has not given provocation, dwelling may be appreciated as an aggravating circumstance. Provocation in the aggravating circumstance of dwelling must be: (a) given by the offended party, (b) sufficient, and (c) immediate to the commission of the crime. (People vs. Rios, G.R. No. 132632, 19 June 2000, 333 SCRA 823)

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