This case has been cited 1 times or more.
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2008-01-28 |
NACHURA, J. |
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| The applicability of P.D. 1613 is beyond cavil. The facts show that the crime was committed in a place where bakeries, barber shops, tailoring shops and other commercial and residential buildings were situated. In fact, other structures were razed by the fire that originated from petitioner's establishment. It is clear that the place of the commission of the crime was a residential and commercial building located in an urban and populated area. This qualifying circumstance places the offense squarely within the ambit of Section 2(7) of P.D. 1613, and converts it to "destructive arson,"[7] viz.: Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall be imposed if the property burned is any of the following: x x x x | |||||