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    Buebos Vs CA CD

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    Clarisse Anne Florentino Alvaro
    The petitioners were accused of arson for setting fire to a woman's hut while she and her sick child were inside. The court ruled that the petitioners were guilty of simple arson rather than destructive arson, as their actions did not demonstrate the same level of viciousness or perversity required for the latter charge. Simple arson carries a penalty of 6 years and 1 day to 12 years in prison. Considering there were no aggravating or mitigating factors, the court imposed a penalty in the middle of the range, sentencing the petitioners to 8 years and 1 day to 10 years in prison.

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    Buebos Vs CA CD

    Uploaded by

    Clarisse Anne Florentino Alvaro
    209 views1 page
    The petitioners were accused of arson for setting fire to a woman's hut while she and her sick child were inside. The court ruled that the petitioners were guilty of simple arson rather than destructive arson, as their actions did not demonstrate the same level of viciousness or perversity required for the latter charge. Simple arson carries a penalty of 6 years and 1 day to 12 years in prison. Considering there were no aggravating or mitigating factors, the court imposed a penalty in the middle of the range, sentencing the petitioners to 8 years and 1 day to 10 years in prison.

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    Buebos vs CA cd

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    The petitioners were accused of arson for setting fire to a woman's hut while she and her sick child were inside. The court ruled that the petitioners were guilty of simple arson rather than destructive arson, as their actions did not demonstrate the same level of viciousness or perversity required for the latter charge. Simple arson carries a penalty of 6 years and 1 day to 12 years in prison. Considering there were no aggravating or mitigating factors, the court imposed a penalty in the middle of the range, sentencing the petitioners to 8 years and 1 day to 10 years in prison.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    209 views1 page

    Buebos Vs CA CD

    Uploaded by

    Clarisse Anne Florentino Alvaro
    The petitioners were accused of arson for setting fire to a woman's hut while she and her sick child were inside. The court ruled that the petitioners were guilty of simple arson rather than destructive arson, as their actions did not demonstrate the same level of viciousness or perversity required for the latter charge. Simple arson carries a penalty of 6 years and 1 day to 12 years in prison. Considering there were no aggravating or mitigating factors, the court imposed a penalty in the middle of the range, sentencing the petitioners to 8 years and 1 day to 10 years in prison.

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    of 1

    Buebos vs People

    GR 163938 03/28/2008 REYES, R.T.,J p:

    FACTS:
    Adelina Borbe was in her house watching over her sick child. She heard some nose, got up and saw the petitioners congregating in front of her hut.
    When she went out, she saw the roof of her hut on fire. Instead of helping her, petitioners fled.

    ISSUE:
    Whether or not petitioners are liable for simple arson or for arson of an inhabited house which merits a penalty of up to reclusion perpetua.

    RULING:
    The nature of Destructive Arson is distinguished from Simple Arson by the degree of perversity or viciousness of the criminal offender. The acts
    committed under Art. 320 of the Revised Penal Code (as amended) constituting Destructive Arson are characterized as heinous crimes for being
    grievous, odious and hateful offenses and which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant
    and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society. On the other hand, acts
    committed under PD 1613 constituting Simple Arson are crimes with a lesser degree of perversity and viciousness that the law punishes with a lesser
    penalty. In other words, Simple Arson contemplates crimes with less significant social, economic, political and national security implications than
    Destructive Arson. However, acts falling under Simple Arson may nevertheless be converted into Destructive Arson depending on the qualifying
    circumstances present. [Emphasis supplied.]

    Prescinding from the above clarification vis-à-vis the description of the crime as stated in the accusatory portion of the Information, it is quite evident
    that accused-appellant was charged with the crime of
    Simple Arson — For having "deliberately set fire upon the two-storey residential house of ROBERTOSEPARA and family . .
    . knowing the same to be an inhabited house and situated in a thickly populated place and as a consequence thereof
    a conflagration ensued and the said building, together with some seven (7) adjoining residential houses, were razed by fire."

    Now, to the penalty. Applying the Indeterminate Sentence Law, the maximum of the indeterminate penalty should range from six (6) years and one (1)
    day to twelve (12) years. Considering that no aggravating or mitigating circumstance attended the commission of the offense, the penalty should be
    imposed in its medium period [eight (8) years and one (1) day to ten (10) years]. The minimum of the indeterminate sentence is
    prision correctional, which has a range of six (6) months and one (1) day to six (6) years, to be imposed in any of its periods.

    The CA sentence is in accord with law and jurisprudence. We sustain it.

    WHEREFORE, the petition is DENIED. The appealed judgment is AFFIRMED in full. SO ORDERED.

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