SPL Module 1 Flashcards
What are the Penal Legislations on Arson
PD 1613
What is Arson
It is the criminal act of deliberately setting fire to property.
Section 2 of PD 1613:
Any person who burns or sets fire to the property of another shall be punished by PM. The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose to danger the [life or property] of another
What is Destructive Arson
paint a picture
It contemplates the malicious burning of structures, both public and private, hotels, buildings, edifices, trains, vessels, aircraft, factories and other military, government or commercial establishments by any person or group of persons.
it is destructive arson if the property burned is:
- Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored.
- Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services.
- Any church or place of worship or other building where people usually assemble.
- Any train, airplane or any aircraft, vessel or watercraft, [or] conveyance for transportation of persons or property
- Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.
- Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building.
- Any building, whether used as a dwelling or not, situated in a populated or congested area
The exceptionally severe punishment imposed for DESTRUCTIVE ARSON (art. 320) takes into consideration
(not in disc guide)
- extreme danger to human lives exposed
- danger to property resulting from conflagaration
- difficulty to adopt precautions against commission
- difficulty pinpointing the perpretrators
- impact on social, economic, security, and political fabric of the nation
(Buebas v. Pp)
What is Simple Arson
paint a picture
It contemplates the malicious burning of public and private structures, regardless of size, NOT included in Art. 320 (Des. Ars), as amended by RA 7659, [and] classified as other cases of arson.
These include houses, dwellings, government buildings, farms, mills, plantations, railways, bus stations, airports, wharves and other industrial establishments
note
- This separate classification of Simple Arson recognizes the need to lessen the severity of punishment commensurate to the act or acts committed, depending on the particular facts and circumstances of each case. (Buebos v.
What are the elements of Arson
Under PD1613, the elements are
1. there is intentional burning
2. what is intentionally burned is an inhabited house or dwelling
What is the prima facie evidence of arson
- If the fire started simultaneously in [more than one] part of the building or establishment.
- If substantial amount of flammable substances or materials are stored within the building NOT necessary in the business of the offender nor for household use.
- 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. - If the building or property is insured for substantially more than its actual value at the time of the issuance of the policy.
- 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. - 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. - 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.
note
contrivance - any man-made object or artificial arrangement not used or intended to be used for transportation which may be floated upon or suspended within or on the water
Is there frustrated arson?
Yes, there is frustrated arson in the case of [US v. Valdez]
- “If there was blaze, but no part of the house is burned, the crime of arson is frustrated. If any part of the house, no matter how small, is burned, the crime of arson is consummated.” (Justice Reyes)
When the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator (Art. 6, RPC)
Consummated Arson - Any part of the building burned, even if only a small portion.
Frustrated Arson - The tools used alone are on fire, [or] a furniture or thing not attached to the building is on fire (U.S. v. Valdez)
Attempted Arson - The tools to be used for committing it
If offender commences arson directly by overt acts such as placing the rags soaked in gasoline beside the wooden wall of a building and lighting a match but does not perform all acts of execution due to timely intervention of another who chases away the offender.
what stagee?
attempted (US v. Valdez)
Fiscal Degoma’snotes on frustrated arson
frustrated stage of arson has been eased out
The reasoning is that one cannot say that the offender, in the crime of arson, has already performed all the acts of execution which could produce the destruction of the premises through the use of fire, unless a part of the premises has begun to burn.
if it has not begun to burn, that means that the offender has not yet performed all the acts of execution.
What is the corpus delicti of arson?
‘body/substance of the crime’
- the fact that a crime has actually been committed
- it refers to the basic elements or substance of a crime that must be proven in order to establish that a crime has occurred.
GEN satisfied with bare occurrence of the fire [and] of its having been intentionally caused
- uncorroborated testimony of one (1) witness, if credible, may be enough to prove corpus delicti and warrant conviction
What are the qualifying or special aggravating circ of arson?
section 4
The penalty in any case of arson shall be imposed in its maximum period:
- If committed with intent to gain;
- If committed for the benefit of another;
- If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;
- If committed by a syndicate.
- The offense is committed by a syndicate if it is planned [or] carried out by a group of three (3) or more persons
note
If by reason, or on the occasion of Simple Arson death results, the penalty of reclusion perpetua to death shall be imposed. (Pp v. Soriano)
pedro sets a property on fire in an urban, congested, or populated area.
is this a special aggravating circumstance of simple arson?
No, it qualifies the offense and converts it into “destructive arson” (Pp v Omotoy)
Is there any mitigating circumstance appreciable in arson?
Yes, in the ase of [Pp v. Soriano]
the circumstance of Invidious impulse [or] resentful feelings which is similar to passion & obfuscation. (extreme emotional distress)
this is so because the accused acted suffered a diminution of his intelligence and intent, a reduction in his mental and rational faculties
What are the complex crimes in arson?
no complex crime of arson with homicide but if there is death on the occasion or by reason of the arson, sec 5 of PD 1613 will apply causing the penalty to be RP-death to be imposed
if the intent is to kill by means of arson, crime is murder
if arson is committed to cover up the killing, there shall be two separate crimes of homicide/murder [and] arson
destructive arson |v| simple arson
DA - art 320 RPC
simple - PD 1613
DA - characterized as ‘heinous crimes” for being grievous, odious, with manifest wickedness, viciousness, atrocity, and perversity
SA - less degree of perversity and viciousness
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.
arson with homicide, simple arson, or murder?
it is de rigueur (obligatory) to ascertain the MAIN objective of the malefactor
situation
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 simple arson with the resulting homicide absorbed and section 5 of PD1613 in effect causing the imposable penalty to be RP-death
arson with homicide, simple arson, or murder?
it is de rigueur (obligatory) to ascertain the MAIN objective of the malefactor
situation
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
murder only
note
do not use arson because that refers to property. In murder cases, fire/conflagaration is the correct term
arson with homicide, simple arson, or murder?
it is de rigueur (obligatory) to ascertain the MAIN objective of the malefactor
situation
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
composite crime of homicide/murder [and] arson
arson thru reckless imprudence
Pp v. Bueno (1958)
when the reckless act results only in damage to property (and not in loss of life),
the penalty imposed is a fine ranging from an amount equal to the value of the damages caused to three times such value, but which shall in no case be less than 25 pesos and the value will determine which court has proper JD.
Arson not measured by value of property destroyed but by human lives exposed to destruction
Pp v. Acosta (2000)
ANTI-FENCING LAW LEGAL BASIS
PD 1612
What is fencing?
- is the act of ANY person who, with intent to gain for himself or for another,
- shall buy, receive, acquire, possess, keep, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value
- which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.
“Fence” includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing.
what are the elements of fencing?
1) a robbery or theft has been committed;
2) the accused, who took NO part in the robbery or theft as principal or accomplice, “buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article or object taken” during that robbery or theft;
3) the accused knows or should have known of that the thing was derived from that crime; and
4) by the deal he makes, he intends to gain for himself or for another.
is fencing a crime involving moral turpitude?
Yes. Moral turpitude is deducible from the third element.
actual knowledge by the “fence” of the fact that property received is stolen displays the same degree of malicious deprivation of one’s rightful property as that which animated (motioned) the robbery or theft, which, by their very nature, are crimes of moral turpitude.
note
he same underlying reason holds even if the “fence” did not have actual knowledge, but merely “should have known” the origin of the property received.
what is the presumption in fencing?
Sec 5 PD 1612
“Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.”
note
Intent to gain need not be proved in crimes punishable by a special law such as P.D. 1612.
nota bene: (take special notice) on fencing
Fencing may be shown when the buyer bought the article at a price way below ordinary prices.
is the filing of the charge robbery or theft a requisite for prosecution for fencing?
No, the prosecution must prove that a crime of theft or robbery has been committed (first element) but there need not be an information filed in court before the crime of fencing is prosecuted.
SPL difference from Penal Law
SPL - mala prohibita
RPC - mala in se
SPL - intent is immaterial
RPC - intent governs
Crime is committed once the law is violated despite absence of criminal intent
ABC Corporation drew a check in payment to Z. Employee D & E signed the check in behalf of the corporation and delivered the same to Z. Check bounced, who is liable?
D & E.
When the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf of such
drawer shall be liable under BP 22
Bouncing Check Law Legal Basis
Batas Pambansang Bilang 22
