Mr. A has a long-standing feud with Mr. B. As payback for Mr. B’s numerous transgressions against him, Mr. A planned to bum down Mr. B’s rest house.
One night, Mr. A went to the rest house and started pouring gasoline on its walls. However, just as Mr. A had lit the match for burning, he was discovered by Mr. B’s caretaker, Ms. C, and was consequently prevented from setting the rest house on fire. Mr. A was then charged with Frustrated Arson.
(a) Is the charge of Frustrated Arson proper? Explain. (2%)
(b) Assuming that Mr. A successfully burned down Mr. B’s rest house, and as a result, Ms. C was trapped therein and was subsequently killed in the fire, what crime/s did Mr. A commit? Explain. (3%)
Suggested answer only. Not an official answer and not legal advice.
(a) No, the charge of Frustrated Arson is improper as Mr. A committed Attempted Arson; (b) if burned causing Ms. C's death, Mr. A committed Arson. Under Article 6 of the Revised Penal Code, arson is attempted when the offender commences execution by overt
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Quick check
What stage of execution is reached when an offender lights a match to burn a house but is stopped before any part catches fire?
Arson is attempted when execution is interrupted before any portion of the structure catches fire.
Does the crime of arson admit of a frustrated stage under Presidential Decree No. 1613?
Under PD 1613, arson is either attempted if no part burns or consummated if any portion catches fire.
What crime is committed when an offender burns a rest house to destroy it, and a caretaker dies in the fire?
When the main intent is destroying property by fire, death caused by the fire is absorbed in arson.
What is the legal effect of a death resulting from arson when the primary objective was destroying the property?
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When is the crime of arson deemed fully consummated under Philippine criminal law?
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Learn more about these topics
1. Attempted Arson
Under Article 6 of the Revised Penal Code in relation to Presidential Decree No. 1613, arson is in the attempted stage when the offender commences the execution of the crime directly by overt acts, such as pouring gasoline and lighting a match, but does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. If no part of the building or structure catches fire or is charred, the crime remains in the attempted stage because the felony of arson is not consummated.
2. No Frustrated Arson
Under Philippine jurisprudence interpreting Presidential Decree No. 1613, arson does not admit of a frustrated stage. The legal nature of arson dictates that as soon as any portion of the building or structure, no matter how small, is scorched or burned, the crime is completely consummated. Conversely, if no part of the structure catches fire or is scorched because the execution was interrupted prior to burning, the crime is attempted arson. Therefore, charging an accused with frustrated arson is legally improper under Philippine penal law.
3. Arson Absorbs Homicide
When a building is burned and a person dies as a consequence thereof, the crime committed is simple or qualified arson under Presidential Decree No. 1613, provided the primary criminal intent of the offender was to destroy the property by fire. In such cases, the resulting death does not constitute a separate complex crime of arson with homicide; rather, the resulting death is absorbed in the single offense of arson and operates as a special aggravating circumstance that mandates the imposition of the maximum statutory penalty.