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Arson; New Arson Law (2004)

CD is the stepfather of FEL. One day, CD


got very mad at FEL for failing in his
college courses. In his fury, CD got the
leather suitcase of FEL and burned it together
with all its contents.

1. What crime was committed by CD?


2. Is CD criminally liable? Explain briefly. (5%)

SUGGESTED ANSWER:

The crime committed by CD is arson under Pres.


Decree No. 1613 (the new Arson Law) which punishes
any person who burns or sets fire to the property
of another (Section 1 of Pres. Decree No. 1613).

CD is criminally liable although he is the


stepfather of FEL whose property he burnt,
because such relationship is not exempting
from criminal liability in the crime of arson
but only in crimes of theft, swindling or estafa,
and malicious mischief (Article 332, Revised
Penal Code). The provision (Art. 323) of the
Code to the effect that burning property of
small value should be punished as malicious
mischief has long been repealed by Pres. Decree
1613; hence, there is no more legal basis to
consider burning property of small value as
malicious mischief.

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