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of the Code to the effect that burning property of small value should be punished as malicious mischief has long been repealed by Pres.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.