Question: If you entered someone's house, not to intimidate but to stop them from throwing glass at your sister, is that considered qualified trespass to dwell under Philippine law?

Answer:

Definition of Qualified Trespass to Dwell

Under Philippine law, specifically under Article 280 of the Revised Penal Code, "qualified trespass to dwelling" is committed when a person enters the dwelling of another against the latter's will. The offense is deemed "qualified" when the act is committed with intimidation, violence, or stealth, or when a person enters another’s dwelling against the latter’s will.

Context Matters

Intent: The law generally considers the intent behind the action. In your case, if the entry was solely to protect your sister from imminent harm, this could be a mitigating circumstance. However, the interpretation of the law and circumstances can be subjective and would ultimately be up to the courts to decide.
Immediate Danger: Courts may consider whether there was immediate and real danger to your sister that warranted your unauthorized entry into another person's dwelling.
Least Intrusive Means: Another consideration may be whether entering the house was the least intrusive means to prevent harm to your sister.

Defenses Available

Defense of Relatives: Philippine law acknowledges the complete justifying circumstance of defense of a relative under specific conditions. If you can prove that the harm to your sister was imminent and your actions were the only way to prevent it, you might use this defense.
Necessity: Sometimes, the defense of "state of necessity" can be invoked. However, this typically requires proving that the action was taken to avoid an evil or injury.

Legal Proceedings and Consequences

If you're charged with qualified trespass to dwelling, the case may proceed to a preliminary investigation, and possibly to trial, where all evidence and circumstances will be examined. Conviction could result in imprisonment and/or a fine.

Consult a Lawyer

Given the complexities and nuances in the law, it’s crucial to consult with a legal professional for a thorough understanding of your situation. They can help you decide the best course of action based on the details of your case.

Conclusion:

Entering someone's dwelling without their permission can be legally risky, even if your intentions are good. It will be up to the court to weigh the circumstances and decide if your actions can be justified under the law.