LORILLA, SAMUEL EFRIM F. INTRODUCTION: ARSON DEFINES AS: Is an intentional and malicious burning of property.
This case is about destructive arson
which define in Art 320, RPC: Destructive Arson. contemplates the malicious burning of structures, both public and private, hotels, buildings, edifices, trains, vessels, aircraft, factories and other military, government or commercial establishments by any person or group of persons DISTINCTION BETWEEN DESTRUCTIVE TO SIMPLE ARSON Simple arson Destructive arson • simple arson with a lesser penalty because • grievous, odious and hateful offenses and the acts that constitute it have a lesser which, by reason of their inherent or degree of perversity and viciousness. manifest wickedness, viciousness, atrocity Simple arson contemplates crimes with less and perversity are repugnant and significant social, economic, political, and outrageous to the common standards and national security implications than norms of decency and morality in a just, destructive arson civilized and ordered society. • Reclusion temporal to death • PD1613-Temporal in its maximum period to Reclusion Perpetua to death
The perversity and viciousness is the key to to distinct
this two kind of arson On october 19,1998 on duty fire man look out to his window he see a great orange glow, an inferno was raging near by veil resort this fire would be the greatest act of terrorism in the name of the environment in the US history. Veil ski resort ignores their responsibility in environment to develop ski resort that enrage an environmental group name Earth Liberation Front (ELF) who burned down to ashes the veil ski resort, the fire was dramatic to the resort and to locals . One of the reasons why the ELF burned the resort because the management was overly aggressively pursuing profits , in 1997 they acquired brecken bridge and keystone worth 310 millions worth of dollars, early vail residents experience unnecessary strict rules to the employees and crowding out local business, and it also affects the wild life of the environment because of the massive land expansion by the company, environmentalist took there case to court, on october 14, 1998 denver district court judge denied the injunction against blue ski baison clearing the way to veil ski expansion. CONT But the radical environmentalist did not accept the decision, so they commit arson to retaliate and then the fire start uncontrollably and resulting burning other establishment other than they intended to burn, the fire they start back fire to them. 5W’S & 1 H ? WHAT: the act or ommission committed by the perpetuator is a destructive arson under Sec. 2 paragraph 5. any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building. Where: Vail ski resort, USA WHEN: The arson happened on Oct 19,1998 Oct 22, 1998: Investigators officially blamed arsonists for a series of fires atop Vail Mountain. Authorities later said they had at least 100 suspects in those fires. WHY: The motive behind the most expensive arson attack in U.S history is the spite and revenge of the hardcore environmentalist, In the Vail arson, the group issued a communique saying the buildings were burned as retribution for the Forest Service allowing the resort to expand into critical habitat for the Canada lynx, a threatened species. The attack focused national attention on the idea of ecoterrorism. WHO: The people responsible for this crime is the Earth liberation front (ELF); HINDRANCES DURING FIRE SLICK TRIP TO THE TOP It took 55 minutes for most trucks to reach the top of Vail Mountain, 11,570 feet above sea level, sliding over an access road covered with snow and ice, Gulick recalled. Winter had started for what turned out to be a good snow year. A water truck had to be pushed part way up with a SnoCat. Others bent fenders and doors when they slid, but they all made it, and they called for a helicopter to drop water on the fires, but because of the altitude and thin air, the chopper couldn’t carry the water’s weight. ESTIMATED AMOUNT OF DAMAGES 12 million dollar The highest-profile case was the 1998 fire that destroyed a restaurant and other facilities at the Vail Ski Resort in Colorado. Other targets included a plant research facility at the University of Washington and several businesses and other structures in Oregon - a horse slaughterhouse, U.S. Forest Service ranger stations, a power transmission tower, a tree farm and an SUV dealership.