Campanilla explains "arson with homicide"
WHO IS CAMPANILLA? Judge Marlo Bermejo Campanilla rose to prominence when his book “The Revised Penal Code” was published in 2007. And in an almost unprecedented feat, he simultaneously published a 4-volume series in “Special Penal Laws” that (coincidentally) was included in the 2010 Bar Examination. http://rexpublishing.com.ph/articles/law/2017/06/5-things-didnt-know-judge-campanilla/
Below is a discussion by Campanilla on the special complex crime of arson with homicide.
Below is a discussion by Campanilla on the special complex crime of arson with homicide.
However, under Article 320 of the Revised Penal Code as amended by RA No. 7659, if as a consequence of the commission of any of the acts penalized under this Article (arson), death results, the mandatory penalty of death shall be imposed. Moreover, under Section 5 of PD No. 1613, if by reason of or on the occasion of the arson death results, the penalty of reclusion perpetua to death shall be imposed.
Burns principle is not anymore controlling since Article 320 of the Revised Penal Code as amended by RA No. 7659 and Section 5 of PD 1613 prescribe a single penalty for arson if death results as a consequence of the commission thereof. Thus, the Supreme Court in People vs. Abayon, G.R. No. 204891, September 2016 said there is no complex crime of arson with homicide under Article 48 of the Revised Penal Code because the crime of arson absorbs the resultant death (People vs. Malngan, G.R. No. 170470, September 26, 2006); 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.
In Malngan case and People vs. Cedenio, G.R. No. 93485, June 27, 1994, the Supreme Court described the crime as simple arson but the penalty imposable is that prescribed under Section 5 of PD No. 1613, which punishes arson where death resulted. In Abayon case, the Supreme Court described the crime as arson resulting to death punishable under Section 5 of PD No. 1613.
However, People vs. Villacorta, G.R. No. 172468, October 15, 2008, the Supreme Court, En Banc convicted the accused of destructive arson with homicide under Article 320 of the Revised Penal Code which punishes arson where death resulted as a consequence thereof. In People vs. Jugueta, G.R. No. 202124, April 05, 2016, the Supreme Court, En Banc described destructive arson with homicide under Article 320 as a special complex crime. [UNQUOTE] SOURCE: Special Complex Crime of Arson with Homicide by Marlo Campanilla on Friday, July 27, 2018; https://www.facebook.com/notes/marlo-campanilla/special-complex-crime-of-arson-with-homicde/2142447595774799/
Burns principle is not anymore controlling since Article 320 of the Revised Penal Code as amended by RA No. 7659 and Section 5 of PD 1613 prescribe a single penalty for arson if death results as a consequence of the commission thereof. Thus, the Supreme Court in People vs. Abayon, G.R. No. 204891, September 2016 said there is no complex crime of arson with homicide under Article 48 of the Revised Penal Code because the crime of arson absorbs the resultant death (People vs. Malngan, G.R. No. 170470, September 26, 2006); 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.
In Malngan case and People vs. Cedenio, G.R. No. 93485, June 27, 1994, the Supreme Court described the crime as simple arson but the penalty imposable is that prescribed under Section 5 of PD No. 1613, which punishes arson where death resulted. In Abayon case, the Supreme Court described the crime as arson resulting to death punishable under Section 5 of PD No. 1613.
However, People vs. Villacorta, G.R. No. 172468, October 15, 2008, the Supreme Court, En Banc convicted the accused of destructive arson with homicide under Article 320 of the Revised Penal Code which punishes arson where death resulted as a consequence thereof. In People vs. Jugueta, G.R. No. 202124, April 05, 2016, the Supreme Court, En Banc described destructive arson with homicide under Article 320 as a special complex crime. [UNQUOTE] SOURCE: Special Complex Crime of Arson with Homicide by Marlo Campanilla on Friday, July 27, 2018; https://www.facebook.com/notes/marlo-campanilla/special-complex-crime-of-arson-with-homicde/2142447595774799/
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