Philippine Bar review · Question

Practice question: Arson Law (PD 1613)

Multiple Choice Medium Jurisprudence

Practice question

A fire destroys a dwelling, but reliable evidence establishes an accidental origin and no intentional setting of fire by the accused. May conviction for the charged intentional simple arson rest on destruction alone?
  1. Yes, every fire conclusively proves arson.
  2. No; intentional burning and the accused's criminal participation must be proved.
  3. Yes, if the repair estimate is high.
  4. Yes, if the accused owned matches for ordinary use.
  5. No, because property destruction is never legally relevant.

Legal references

  • PD 1613, Sections 1, 3–7, simple arson, read with later destructive-arson law and RA 9346: https://lawphil.net/statutes/presdecs/pd1979/pd_1613_1979.html
  • People v Soriano, G.R. No. 142565, July 29, 2003, main decision, simple and destructive arson classification (not obsolete death penalties): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/48902
  • RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
  • Revised Rules of Criminal Procedure, Rule 110 Sections 8–9, allegation of qualifying and aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html

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