Professional Documents
Culture Documents
Destructive Arson
Simple Arson
Supreme Court
ELEMENTS:
(a) there is
intentional burning;
and (b) what is
intentionally burned
is an inhabited
house or dwelling.
There exists a
mitigating
circumstance
similar and
analogous to
passion and
obfuscation
Soriano is guilty
of other cases
of arson under
Sec. 3, par. 2, of
P.D. 1613
Section 4: (3)
Offender is
motivated by spite
or hatred towards
the owner or
occupant of the
property burned
Simple Arson
Issues
CIRCUMSTANTIAL EVIDENCE
CONSPIRACY
CRIME COMMITTED AND THE
PENALTY
CIRCUMSTANTIAL EVIDENCE
1.Private complainant heard some
noise emanating from outside her
house at around3:00 a.m.;
CONSPIRACY
The accused stood
outside the house of
Adelina.
RTC:
Other
cases
of
Arson
SC:
Simpl
e
Arson
CA:
Simpl
e
Arson
The information failed to allege that what was intentionally burned was an
inhabited house or dwelling.That is fatal.