14. US v Burns G.R. No. L-16648 March 5, 1921 the happening fire.

the happening fire. He ran outside, passed in front of the house of Pedro where
he met Casamiro. Tomasa corroborated his story.
STREET, J.
Burns' alibi is false.
CASE: Appeal from a judgment of CFI Samar first (one of the two) of all the numerous population to arrive at the
scene, even before the inmates of the burning house had been aroused.
FACTS: Tomasa's testimony that Burns, after going out, returned immediately
Frank E Burns who has an automobile for hire business traveled to Laoag to pick conversation with Pedro on the morning after the fire where he made a
Major Newman. He stopped at the municipality of Pambujan to spend the night statement which assumed the fire to be of incendiary origin.
there (Sep 5, 1918).
Testimony of Casimiro is truthful. It was delivered in a straightforward, natural
Burns asked his employee Casimiro Breva to search for the automobile of one style an earmark of sincerity without stumbling, and that, notwithstanding
Pedro de la Cruz, saying that he wanted to burn it. Casimiro was unsuccessful in extensive cross-examination by the three attorneys for the defense, it had been
his search, however, Burns told him that later that night he needed Casimiro to in no material part falsified or disproved.
go with him to burn Pedro's automobile. As a lookout, he will pay him P200.
Motive:
That night, the two went to the house of Pedro. Casimiro stood guard in the
Burns entertained resentment on account of the fact that Pedro de la
street, and Burns entered the basement where the car was and burned it. (time
Cruz was competing to some extent with the former by using his
about 11pm)
automobile for the carriage of passengers for hire. 1st car bought by
Burns; heard Pedro will buy a new car, remonstrated and advise him not
The fire spread and consumed not only the house of Pedro but also of his 10
to.
neighbors. One servant of Pedro named Cipriano Jazmin was burned to death.
there had been a misunderstanding between the parties in connection
April 27, 1920: CFI Province of Samar found Frank E. Burns guilty of the crime of with a loan, or sale, of gasoline which Pedro de la Cruz had made to the
arson and sentenced to 20y of cadena temporal, with the accessories prescribed accused upon a certain occasion when gasoline was scarce and high.
by law, and adjudged to pay the costs. Hence this appeal.
Burns committed a complex crime - arson and homicide, and ff A89 (now A77)
Prosecution witnesses: the penalty for the more serious crime will be imposed in its maximum degree.
Casimiro Breva Hence, ACs of nocturnity and evident premeditation are unimportant.
Primitivo Balanquit, the municipal president of Pambujan: witnessed the two on Now, arson under A549 is a graver crime than homicide under A404, inasmuch
Calle San Juan a short distance from the burning house. as the penalty for the former ranges from cadena temporal to cadena perpetua,
Eugenio Esplana, keeper of the house where Burns stayed with Tomasa: after whereas the penalty for the latter is fixed within the limit of recollection
being awakened by the ringing of the bells, she lighted a lamp and found Tomasa temporal. Sentenced therefore must be cadena perpetua.
Surio lying on the petate, but the accused was not there.
DECISION: sentence: cadena temproal; indemnity P40k to Pedro; P500 to Sergio
Burns' Defense: Socorro
He was with Tomasa Surio who woke him up around midnight, informing him of