G.R. No. 28447 , September 13, 1928
PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. VICENTE ALVAREZ, defendant-appellant.

Ponente: Chief Justice Avanceña

FACTS

The appellant, Vicente Alvarez, is the stepfather of the offended party, Carlos Caponong, and they lived together. On the night of May 19, 1927, due to certain differences, Alvarez took Caponong’s suitcase containing clothes to an orchard near a well. There, he opened the suitcase, removed the clothing, and set them on fire. The clothing, valued at P110, was mostly burned, but the suitcase itself was unharmed. Alvarez was charged with and convicted of the crime of arson under Article 557 of the Penal Code by the trial court.

ISSUE

Whether the act of the appellant constitutes the crime of arson or malicious mischief, and if the latter, whether his relationship to the offended party exempts him from criminal liability.

RULING

The Supreme Court REVERSED the trial court’s decision. The act did not constitute arson but the crime of malicious mischief under Article 558 of the Penal Code, as the value of the burned property (P110) did not exceed 625 pesetas and the burning was done in an orchard near a well under circumstances that excluded all danger of the fire spreading. Furthermore, applying Article 567 of the Penal Code, the appellant, being an ascendant by affinity (stepfather) of the offended party, is exempt from criminal liability for the crime of malicious mischief. He remains civilly liable for the damage caused. The Court acquitted the appellant of the criminal charge, without prejudice to a separate civil action for indemnity.