G.R. No. L-5593
THE UNITED STATES, plaintiff-appellee, vs. FELIX LARIOSA, defendant-appellant.
February 15, 1910

FACTS:
Felix Lariosa was charged with and convicted by the trial court of arson for maliciously setting fire to a chapel used for religious worship on April 9, 1908, in Minglanilla, Cebu. The fire burned the chapel and its contents, causing P600 in damages (equivalent to less than 6,250 pesetas). The trial court applied Article 548 of the Penal Code, sentencing Lariosa to seventeen years and one day of cadena temporal. It was established that the chapel was closed and unoccupied at the time, and there was no evidence that Lariosa knew or believed anyone was inside.

ISSUE:
Whether the trial court correctly applied Article 548 of the Penal Code in convicting Felix Lariosa for arson.

RULING:
No. The Supreme Court reversed the trial court’s judgment.

1. Article 548 is inapplicable: This article applies to arson of a church or edifice devoted to meetings if a number of people shall have gathered therein at the time of the crime. The evidence showed the chapel was closed and unoccupied.
2. Article 549 is inapplicable: This article applies to arson of any edifice with knowledge that one or more persons were within the same. The building was wholly unoccupied, and there was no evidence of Lariosa’s knowledge or belief that anyone was inside.
3. Article 550 is inapplicable: This article applies if the damage caused exceeds 6,250 pesetas. The damage caused was only P600, which is less than 6,250 pesetas.

The Court held that the crime committed falls under Section 1 of Article 551 of the Penal Code, which punishes arson where the amount of injury caused does not exceed 6,250 pesetas. Considering the aggravating circumstance of nocturnity and the extenuating circumstance of race, the penalty was imposed in its medium degree. Felix Lariosa was sentenced to eight years and one day of presidio mayor, to indemnify the owners P600, and to pay the costs.