Arson PTTX
Arson PTTX
Arson PTTX
3. Any kind of robbery with less serious physical injuries or slight physical injuries
Order…
The Supreme Court held that there is no complex crime of arson with homicide because the crime
of arson absorbs the resultant death or is a separate crime altogether, to wit:
Accordingly, in cases where both burning and death occur, in order to determine what
crime/crimes was/were perpetrated - whether arson, murder or arson and homicide/murder, it is de
rigueur to ascertain the main objective of the malefactor: (a) if the main objective is the burning of the
building or edifice, but death results by reason or on the occasion of arson, the crime is
simply arson, and the resulting homicide is absorbed;
(b) if, on the other hand, the main objective is to kill a particular person who may be in a building or
edifice, when fire is resorted to as the means to accomplish such goal the crime committed
is murder only; lastly,
(c) if the objective is, likewise, to kill a particular person, and in fact the offender has already done so,
but fire is resorted to as a means to cover up the killing, then there are two separate and distinct
crimes committed — homicide/murder and arson.
FRUSTRATED ARSON
People vs Garcia
The Supreme Court followed the analysis that one cannot say that the offender in the
crime of arson has already performed all the acts of execution which would produce the
arson as a consequence, unless and until a part of the premises had begun to burn.
Prima Facie evidence of Arson
Any of the following circumstances shall constitute prima facie evidence of
arson:
1. If the fire started simultaneously in more than one part of the building
or establishment.
2. If substantial amount of flammable substances or materials are stored
within the building note necessary in the business of the offender nor for
household us.
3. If gasoline, kerosene, petroleum or other flammable or combustible
substances or materials soaked therewith or containers thereof, or any
mechanical, electrical, chemical, or electronic contrivance designed to
start a fire, or ashes or traces of any of the foregoing are found in the ruins
or premises of the burned building or property.
4. If the building or property is insured for substantially more than its
actual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more
than two fires have occurred in the same or other premises owned or
under the control of the offender and/or insured.
6. If shortly before the fire, a substantial portion of the effects insured and
stored in a building or property had been withdrawn from the premises
except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender or for the
safety of the person or property of the victim.
Conspiracy to commit Arson