G.R. No.

31770

PEOPLE OF THE PHILIPPINE ISLANDS V. ANTONINO HERNANDEZ

December 5, 1929

FACTS:

On the midnight of February 3, 1929, Miguel Dayrit was living in his house with his children in Mabalacat,
Pampanga when he noticed that his thatched (covered in straw) roof was on fire. As he was extinguishing
the fire, he saw Antonino Hernandez beside the house, carrying a stick. Dayrit then succeeded in putting
out the fire. Hernandez knew that Dayrit and his children were in the house that night. In the testimony of
the offended party, Dayrit, together with Artemio Tanglao and Daniel Mallari, established that it was
Hernandez who set fire to the house.

The stick that Dayrit saw with Hernandez on the night of the fire was leaning against the house with the
end burnt and a petroleum-soaked rag dangling from it. Daniel Mallari also recognized the stick which
Hernandez used in getting guava fruits. Prior to the crime, Dayrit and Hernandez had disagreements
because Dayrit accused him of stealing paddy from his house. Dayrit complained to the barrio lieutenant
and as they went to Hernandez’ house, the latter stopped them from entering, was armed with a bolo, and
threatened to kill them. Hernandez was then arrested which showed his characteristic violence. The trial
court held that the crime committed was only frustrated arson.

ISSUE:

Whether or not the trial court erred in convicting Hernandez of frustrated arson.

RULING:

YES. The Court agreed with the Attorney-General that the crime was consummated, not frustrated.
Hernandez did set the roof on fire as proven by the burned parts of the house. Thus, the crime of arson
was consummated, notwithstanding the fact that the fire was afterwards extinguished, for, once the fire
has been started, the consummation of the crime of arson does not depend on the extent of the
damage caused.

DISPOSITION:

In accordance with Article 549 of the Penal Code the appellant is found GUILTY of the CRIME OF
ARSON, committed in a dwelling, knowing that within it were the offended party and his children; and,
considering one aggravating circumstance in the commission of the crime, the defendant is sentenced to
LIFE IMPRISONMENT, WITH ACCESSORIES AND THE COSTS.