G.R. No.

5126 September 2, 1909 perpetua "those who shall set fire to any edifice,
farmhouse, hut, shed, or vessel in port, with
THE UNITED STATES, plaintiff-appellee, knowledge that one or more persons were within
vs. the same," that must be applied not article 554,
CATALINO APOSTOL, defendant-appellant. which in connection with 553 punishes the
setting fire to a building intended for habitation,
PONENTE: ARELLANO, C.J.: in an uninhabited place.

NATURE: Appeal re: CFI Nueva Ecija’s decision on Appeal Affirmed and Case Remanded. Art. 2:
Apostol. Governor General may use prerogative to reduce
or mitigate the penalty imposed.
ISSUE/S: 1. WON there is proof of criminal intent

2. WON Apostol violated Art. 559 instead

of Art. 554

FACTS:

1. December 16, 1907, 8PM: Five individuals

including Catalino Apostol went to a house
situated in an uninhabited place,
surrounded by fields, and where Pedro
Tabilisima, Celestino Vergara and
Tranquilino Manipul were living to inquire
about some carabaos that had
disappeared.
2. The house owners said they knew nothing
about the carabaos and they ordered them
to leave their house.
3. They refused to go and the accused
Catalino Apostol, set fire to the hut and the
same was burnt down.
4. Court of First Instance of Nueva Ecija:
a. Responsibility of the accused has
been fully established by the
testimony of the injured parties.
b. GUILTY in violating article 549 of
the Penal Code
c. Sentence: 16 years and 1 day
of cadena temporal, to the
accessories of the law, to indemnify
the value of the burnt hut in the
sum of P1.

RULING:

1. Yes. There is presumption of criminal

intent; deliberate intent present according
to witnesses.
2. No.

RATIO DECIDENDI:

Criminal intent as well as the will to commit a

crime are always presumed to exist on the part of
the person who executes an act which the law
punishes, unless the contrary shall appear. (Art. 1,
Penal Code.)

It is article 549, which punishes with the very

severe penalties of cadena temporal to cadena