G.R. No. L-8132; March 25, 1913
The United States vs. Ramona R. Evangelista

FACTS

Ramona R. Evangelista was the tenant of a building on Carriedo Street, Manila, using the ground floor as a store and the upper floor as living quarters. On June 2, 1912, a fire of incendiary origin, involving coal oil, damaged the building. Evidence showed that shortly before the fire, Evangelista had obtained two new insurance policies totaling P10,000, in addition to a renewed policy. At the time of the fire, she was in the process of moving to a new location, having removed valuable goods and the belongings of her student boarders. She also owed back rent and had been notified to vacate. A prior fire on May 31, 1912, in an adjacent area showed evidence of incendiarism, and a witness testified that Evangelista attempted to start that fire. After the June 2 fire, Evangelista made an extrajudicial confession to the chief of police that she started the fire. She was convicted of arson under Article 557 of the Penal Code.

ISSUE

Whether the trial court correctly convicted and sentenced the appellant for the crime of arson.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The evidence, including the incendiary nature of the fire, the over-insurance, the removal of valuables before the fire, the back rent owed, the prior attempt, and the extrajudicial confession, conclusively established guilt. However, the trial court applied the wrong penal provision. The building, though not inhabited at the exact time, was in a populated place and the damage exceeded 6,250 pesetas, bringing the case under Article 551(2) of the Penal Code, with a penalty of presidio mayor. With the aggravating circumstance of nocturnity, the penalty should be in its maximum degree. As the appellant is a woman, the penalty is reduced to prision mayor under Article 95. The appellant is sentenced to ten years and one day of prision mayor, with accessory penalties, ordered to indemnify the owner in the sum of P10,562, and to pay costs.