G.R. No. 28447. September 13, 1928
THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. VICENTE ALVAREZ, DEFENDANT AND APPELLANT.
AVANCEÑA, C.J.:
both lived in the same house. On the night of May 19, 1927, on account of certain
differences, the appellant took the offended party’s suit case, containing the
latter’s clothes, and carried it to the orchard near a well. According to the
offended party, when the accused arrived at that place he opened the suit case,
took out the contents and set fire to them. Most of the clothing was burned, but
the suitcase was entirely unharmed. The trial court found the only damage to be
the value of the clothing which it set at P110. Moreover it appears that the
appellant did not intend to burn the suit case also, as shown by the fact that
he first took out the clothing in order to burn it.
An information having been filed against the appellant for the crime of
arson, he was found guilty and sentenced, in accordance with article 557 of the
Penal Code, to four months and one day arresto mayor, with the accessories of
law, to indemnify the offended party Carlos Caponong in the sum of P110, with
subsidiary imprisonment in case of insolvency, and to pay the costs of the
action.
In accordance with article 558 of the Penal Code, as the value of the
clothing burned does not exceed 625 pesetas, and as the burning was done under
circumstances which excluded all danger of the fire spreading, since it was done
in the orchard by the side of a well, the act merely constitutes the crime of
malicious mischief. And, moreover, as the accused is the stepfather of the
offended party, and hence, an ascendant by affinity, he is exempt from criminal
liability, in accordance with article 567 of the Penal Code, and is only civilly
liable.
Wherefore, without prejudice to a civil action against him, the defendant is
acquitted, with the costs of the action. So ordered.
Johnson, Street, Malcolm, Villamor, Ostrand, Romualdez, and Villa-Real, JJ.,
concur.