Saturday, December 10, 2011
Trespass To Dwelling
Nobody can enter your home without :
a) Your specific consent
Any private person who shall enter the dwelling of another against the latter’s will.
(Revised Penal Code Qualified Trespass To Dwelling Art. 280)
b) Court Order
A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
Probable cause in the issuance of a search warrant
Facts and circumstances that would lead a reasonable discreet and prudent man to believe that there has been a crime committed and the things and objects connected to the crime committed are in the place to be searched.
3. Anyone who shall enter cafes, taverns, inns and other public houses, while they are open. (Art. 280, 3rd par.)
collectors cannot simply enter your premises for "ocular inspection"
or sheriff to " get your things".
Any person who, with intent to gain, shall take any personal property belonging to another:
by means of violence or intimidation of any person, or using force upon anything
( Art. 293)
without violence against or intimidation of persons nor force upon things but without the latter's consent.( Art.308)