Practice question
In a proved PD 1613 simple-arson case, intent to gain is properly alleged and established as a special aggravating circumstance. What does Section 4 direct regarding the applicable penalty?
- Automatic acquittal.
- The penalty's maximum period, under the governing statutory and sentencing rules.
- A mandatory fine of one peso.
- Complete removal of civil liability.
- Automatic conversion of every case into destructive arson under Article 320.
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
Answer this question in flashcards to review your response and continue practicing.