People vs.

Cedenio
GR No. 93485
June 27, 1994

FACTS:

Five members of the Dorio family were burned to death on their residence. According to their death
certificates, four of them were inflicted with fatal wounds which caused their death, and the remaining
infant have no wounds at all but charred to the bone. Two witnesses testified that the three accused-
appellants – Pedro Cedonio, Junito Armaga and Felipe Antipolo were seen holding bolo running away
from the burning house. The trial court convicted them guilty of Arson with Multiple Murder.

ISSUE:

Should the appellants be charged by a complex crime of Arson with Multiple Murder?

RULING:

No, there is no such offense as Complex Crime of Arson with Homicide / Murder. Chief Justice
Ramon C. Aquino quoted Groizard-
“ when the fire is used to kill a particular person who may be in the house and that the objective is
attained by burning the house, the crime is murder only. When the penal code declares that killing
committed by means of fire is murder, it intends that fire should be purposely adapted as a means to
that end. There can be no murder without a design to take life. In other words, if the main object of the
offender is to kill by means of fire, the offense is murder. But if the main objective is the burning of the
building, the resulting homicide may be absorbed by the crime of arson.”
It is evident that the Dorio family were hacked and stabbed which lead to their death, and the
appellants used arson to conceal their act. Hence, they are guilty of a separate crime of four counts of
murder murder