U.S. v. Apostol14 Phil.

92September 2, 1909CJ Arellano(NULLUM CRIMEN,NULLA

POENA SINE LEGE
–
NO CRIME IF NO LAW PUNISHING IT :Presumptionof Intent)

Facts:

On December 16, 1907, there were five individuals, including Catalino Apostol, who
went tothe house of Pedro Tabilisima, Celestino Vergara, and Tranquilino Manipul to
inquire abouttheir missing carabaos.

After Tabilisima, Celestino Vergara, and Tranquilino Manipul said that they knew
nothingabout it, Catalino Apostol told them to leave the house. However, they refused to
do so.Thus, Catalino set fire to the hut and the same was burnt down.

According to the trial court, the testimonies of the injured party provided sufficient
evidenceto prove the responsibility of the accused.

Therefore, Catalino was proven to have committed the acts within the provisions of

article549 of the Penal Code. He sentenced to sixteen years and one day of
cadena temporal.
Andhe ordered to indemnify the value of the burnt hut worth 1 pesos

Catalino then appealed to this Court with the following defense:1.

There was absence of proof of intent.2.

The fact that the burnt house was situated in an uninhabited place, it is improper toapply
Art 549 instead Art 554 of the Penal Code should be applied.
Issue:MAIN ISSUE RELATED TO THE TOPIC.1.

Whether or not proof of intent is needed?

2.

Whether or not due to the burnt hut being situated in an uninhabited place, it is
not proper toapply article 549, but article 554 in connection to 533 of the Penal Code?
Held:
1.
No.
As provided in Art 1 Penal Code, Criminal intent as well as the will to commit a crime
arealways presumed to exist on the part of the person who executes an act which the
lawpunishes, unless the contrary shall appear.In the case, there was no need to prove
the intent of Catalino for committing the act. Asintent is largely a mental process, there
is always a presumption of intent arising from overtacts.2.

No.
Based on the testimony of Tabilisima, they lived in the house that was situated in
anuninhabited place, surrounded by fields and far from the nearest house. They
accused andhis companions arrived around 8 pm and questioned them about the
missing carabaosstolen from them. They knew nothing about it thus Catalino set the hut
on fire. Their criesfor help could not be heard from another house. The said house was
not worth more thanP1 because it was small and they themselves constructed it.