In People vs. Nestor Dolendo, the Supreme Court clarified the distinction between arson and homicide when both burning and death occur, emphasizing the importance of determining the primary objective of the accused. The Court ruled that if the main objective was to burn a building, and death resulted from the arson, the crime is simple arson, with the homicide being absorbed. This distinction is crucial for determining the appropriate charges and penalties in cases involving both arson and the loss of life, ensuring justice is accurately applied based on the perpetrator’s intent.

Fueled by Malice: When Does Arson Absorb Homicide in the Eyes of the Law?

The case revolves around Nestor Dolendo, who was initially convicted of arson with homicide for setting fire to a house that resulted in the death of a six-year-old boy. The prosecution presented testimonies from Deolina Perocho, the victim’s mother, and Jessie Perocho, his brother, who witnessed Dolendo intentionally setting their house ablaze. Dolendo, in his defense, claimed alibi, stating he was in a different location at the time of the incident. The central legal question is whether the death resulting from the arson should be considered a separate crime of homicide, or if it is absorbed into the crime of arson, thereby altering the conviction and corresponding penalty.

The Regional Trial Court (RTC) initially found Dolendo guilty of arson with homicide, based on Article 320 of the Revised Penal Code, as amended by Republic Act No. 7659, and sentenced him to reclusion perpetua. Dolendo then filed a motion for a new trial, presenting affidavits of recantation from the Perochos, claiming the fire was accidental and that their testimonies were false. However, the RTC denied this motion, citing the delayed nature of the recantations and their failure to address all established facts. The Court of Appeals (CA) modified the RTC’s decision, convicting Dolendo of simple arson instead of arson with homicide. This modification hinged on the determination of Dolendo’s primary objective: whether it was to burn the house or to kill a specific individual.

The Supreme Court (SC) affirmed the CA’s decision, emphasizing the importance of discerning the main objective of the perpetrator in cases involving both burning and death. According to the SC, if the primary intent was to burn the building and death occurred as a result, the crime is simple arson, with the homicide being absorbed into the arson charge. This ruling is grounded in the interpretation of Presidential Decree 1613 (PD 1613), also known as the New Arson Law, which defines arson and its corresponding penalties. Specifically, Section 5 of PD 1613 states that if death results from arson, the penalty of Reclusion Perpetua to death shall be imposed.

However, the Supreme Court also clarified that if the main objective was to kill a particular person, and fire was used as the means to achieve that goal, the crime would be murder. Furthermore, if the offender had already killed someone and then used fire to cover up the crime, two separate crimes—homicide/murder and arson—would be committed. The Court reiterated that the corpus delicti in arson cases is satisfied by proving that a fire was intentionally set and that the accused was identified as the person who caused it. In this case, the testimonies of Deolina and Jessie Perocho were crucial in identifying Dolendo as the arsonist. The SC gave credence to these testimonies, noting that both witnesses consistently and firmly narrated the events, positively identifying Dolendo as the one who set their house on fire.

Building on this principle, the Court dismissed Dolendo’s defenses of alibi and denial, stating that alibi is the weakest of all defenses and can be easily fabricated. Moreover, Dolendo’s alibi was not substantiated by any corroborative evidence, further undermining its credibility. The SC also addressed the affidavits of recantation presented by Dolendo, viewing them with disfavor due to the possibility of intimidation or monetary consideration influencing the witnesses. The Court cited Firaza vs. People, emphasizing that it is a dangerous rule to set aside a testimony solemnly taken before a court of justice, especially when the affidavit of retraction is executed after a judgment of conviction has already been rendered.

The SC also rejected Dolendo’s challenge to the competence of the judge who rendered the verdict, even though a different judge had heard the case from beginning to end. The Court clarified that a judge assigned to decide a case can rely on the transcripts of stenographic notes of the testimonies of the witnesses and calibrate them in conformity with the rules of evidence. Citing Sandoval Shipyards, Inc. vs. PMMA, the Court emphasized that the efficacy of a decision is not necessarily impaired by the fact that its writer only took over from a colleague who had earlier presided at the trial.

The Supreme Court’s decision underscores the critical importance of establishing the primary motive of the accused in arson cases where death occurs. This determination dictates whether the accused is charged with arson with homicide (where homicide is absorbed) or with separate crimes of arson and homicide/murder. The Court affirmed the penalty of reclusion perpetua, as no aggravating circumstance was alleged or proved. However, it modified the monetary awards, increasing the exemplary damages to P75,000.00 and granting P50,000.00 as temperate damages, with these amounts earning six percent interest per annum from the finality of the decision until fully paid.

FAQs

What was the key issue in this case?	The key issue was determining whether the death resulting from the arson should be considered a separate crime of homicide or absorbed into the crime of arson, based on the primary intent of the accused.
What is the significance of Presidential Decree 1613 in this case?	Presidential Decree 1613, also known as the New Arson Law, defines arson and its corresponding penalties. Section 5 of PD 1613 is particularly relevant as it specifies the penalty when death results from arson.
What is corpus delicti, and how does it apply to arson cases?	Corpus delicti refers to the body of the crime. In arson cases, it is satisfied by proving that a fire was intentionally set and that the accused was identified as the person who caused it.
Why did the Supreme Court reject the affidavits of recantation?	The Supreme Court viewed the affidavits of recantation with disfavor because they were executed long after the incident and after the conviction, raising concerns about potential intimidation or monetary influence.
What was the basis for the Court of Appeals modifying the trial court’s decision?	The Court of Appeals modified the decision based on the determination that the primary intent of the accused was to burn the house, not to kill a specific individual, thus classifying the crime as simple arson.
How did the Court address the fact that a different judge rendered the verdict?	The Court clarified that a judge assigned to decide a case can rely on the transcripts of stenographic notes of the testimonies of the witnesses, ensuring a valid and just decision.
What is the penalty for arson when death results, according to the Supreme Court?	According to the Supreme Court, if death results from arson and no aggravating circumstances are proven, the penalty is reclusion perpetua.
What monetary damages were awarded in this case?	The appellant was ordered to pay P75,000.00 as civil indemnity, P75,000.00 as moral damages, P75,000.00 as exemplary damages, and P50,000.00 as temperate damages, with these amounts earning six percent interest per annum from the finality of the decision until fully paid.

The Supreme Court’s decision in People vs. Nestor Dolendo provides critical guidance in distinguishing between arson and homicide in complex cases involving both burning and death. The emphasis on discerning the primary motive of the accused ensures that justice is accurately applied, reflecting the true intent and actions of the perpetrator. This ruling underscores the importance of meticulous investigation and clear presentation of evidence in arson cases, particularly when loss of life is involved.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People vs. Dolendo, G.R. No. 223098, June 03, 2019