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What is the crime committed in the Resorts World incident?

MB CAMPANILLAFRIDAY, JUNE 2, 2017

Burning the building or property is not always arson. The motive of the accused should be considered to
determine the crime committed.

Intent to burn If the main objective is the burning of the building or edifice, but death results by reason
or on the occasion of arson, the crime is special complex crime of destructive arson with homicide
(People vs. Villacorta, G.R. No. 172468, October 15, 2008) or simple arson with homicide under PD No.
532 if what is involved is house or personal property (People vs. Malngang G. R. No. 170470, September
26, 2006, En Banc).

Intent to kill If the main objective is to kill a particular person who may be in a building or edifice, when
fire is resorted to as the means to accomplish such goal the crime committed is murder only. Murder
qualified by means of fire absorbs the crime of arson since the latter is an inherent means to commit the
former. If the objective is to kill, and in fact the offender has already done so, and arson is resorted to as
a means to cover up the killing, the offender may be convicted of two separate crimes of either homicide
or murder, and destructive arson (People vs. Cedenio, G.R. No. 93485, June 27, 1994).

Intent to commit robbery If the main objective is to commit robbery, and homicide and arson are
perpetrated by reason or on occasion thereof, the crime committed is robbery with homicide while
arson shall be integrated into this special complex crime. Regardless of the number of deaths, there is
only one crime, and that is, robbery with homicide (People vs. Jugueta, G.R. No. 202124, April 05, 2016).
However, by means of fire shall be considered as an ordinary aggravating circumstance (U.S. vs. Bulfa,
G.R. No. 8468, August 20, 1913).

Intent to Coerce the government - If the main objective is to coerce the government to give in to an
unlawful demand, and the murder, arson or robbery with homicide creates an extraodinary and
widespread panic to the populace, the crime committed is terrorism under RA No. 9372.

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