Republic
of the
Philippines
SUPREME
COURT
ManilaFIRST
DIVISION
THE
UNITED STATES,
Complainant-Appellee,
G.
R.
No. 105
October
16, 1901
-versus-
ANTONIO
ALEGADO,
Defendant-Appellant.
D
E C I S I
O N
TORRES,
J :
From the record of this
case it appears that on the night of May 21, 1900, the body of Catalino
Biado's father was lying in the latter's house, situated on the
outskirts
of the town of Paoay, and that on the occasion of his death some seven
or more persons had gathered together in the house. Among them was the
defendant, Antonio Alegado. A bolo belonging to the latter disappeared,
and, on failing to find it after a search for that purpose, he said in
a threatening manner that he would burn the house unless that bolo was
found. The bolo was not found, and Alegado with a piece of burning
bamboo
set fire to the house, which was burned to the ground, as well as a
granary
nearby, together with the rice stored therein. The occupants of the
house
discovered the fire soon after it broke out, but were unable to
extinguish
it. The total damage caused by the fire was estimated by experts to
amount
to 105 pesos and 75 cents.
An Information having
been presented by the prosecuting attorney and this proceeding
instituted,
Antonio Alegado pleaded not guilty of the crime with which he was
charged.
Two witnesses called by the accused to prove his alibi stated that they
had gone to the scene of the occurrence in order to assist in
extinguishing
the fire; and that, although the woman, Basilisa Baraoid, stated to
them
that Juan Catubay was the incendiary, nevertheless the accused himself
told them that it was he who set fire to the said house because he had
not found his bolo which was lost therein.
The facts related,
which are completely proved in the cause by expert testimony and that
of
witnesses who were present, constitute the crime of arson, provided for
an penalized in Article 549 of the Penal Code, for the reason that it
appears
fully proved in the case that the fire was intentionally started with
the
malicious intent to destroy the dwelling house of Catalino Biado at a
time
when it was occupied by seven persons and a corpse.
It cannot be disputed
that the defendant has violated the article cited and incurred its very
grave responsibility, inasmuch as, although he pleaded not guilty of
the
crime of which he was accused, the incriminating circumstances and
other
weighty merits which the case discloses produce the full conviction of
his delinquency. The defendant is incriminated not only by witnesses
who
were present but likewise by the very witnesses whom he had called to
prove
his innocence. Nor can it be proper to consider that he was ignorant of
whether or not there was anyone present in the interior of the house
destroyed,
for the reason that he was present in that house a few moments before
and
even threatened those in the house that he would set fire to the same
if
he did not find the bolo which he was seeking. Therefore, he well knew
that the house contained persons and even a corpse.
For the sole purpose
of reducing the penalty to the minimum grade Article 11 of the Penal
Code
will be applied in this case. The judgment reviewed is affirmed. It is
understood, nevertheless, that the defendant is sentenced to the
penalty
of twelve years and one day of cadena temporal, together with the
accessory
penalties and the payment of the costs in this instance. The order
declaring
the defendant insolvent, made in the incidental proceeding of
attachment,
and ordering that after dissolving the attachment the rice field of the
value of 4 pesos which was attached be restored to the accused, is
affirmed
and approved. In consideration of the fact that in the strict
application
of said Article 549 of the Penal Code to the present case, the penalty
therein prescribed is evidently excessive, taking into account the
degree
of malice and the damage caused by the crime, it is believed proper and
just to apply the rule of Article 2, paragraph 2, of the same Code by
calling
the attention of the Civil Governor to the case. It is so ordered.
Arellano, C.J.,
Cooper, Willard, Mapa and Ladd, JJ., concur.
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