That as a means to the commission of the crime, a wall, roof, floor, door or window be broken. (Art. 14, par. 19, RPC)


When is breaking of wall, roof, floor, door or window aggravating?

To be considered as an aggravating circumstance, the breaking the wall, roof, floor, door or window must be utilized as a means to the commission of the crime.


Is it aggravating if the wall, roof, floor, door or window is broken  in order to get out of the place?

The breaking the wall, roof, floor, door or window is only aggravating in cases where the offender resorted to any of said means TO ENTER the house. It is not aggravating if they are broken in order to get out of the place.


Is it necessary that the offender should have entered the building?

It is not necessary that the offender should have entered the building because of the phrase “as a means to the commission of a crime”.


Example:

● Accused broke a window to reach a cellphone on the table near the window, while he took while his body was outside the house. Crime is theft aggravated by breaking of wall, roof, floor, door or window.