Although the whole 2-storey wood and galvanized iron house has not been completely gutted by the

fire, the crime committed is still consummated arson. 22 It is enough that a portion thereof is shown to
have been destroyed. G.R. No. 100699 July 5, 1996

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
EDGAR GUTIERREZ y CORTEZ, accused-appellant.

In this connection it is to be remembered that the crime of arson is consummated in the mere act of
setting a house afire, and the fact that a fire may be extinguished before appreciable damage is
done in no wise reduces the gravity of the offense. The supreme court of Spain has held that where
fire is once actually set, the offense cannot be considered as frustrated arson merely because the
fire is put out before the flames have extensively spread. (Decision of Dec. 11, 1875; 3 Viada, p.
603.) This doctrine was applied by this court in U.S. vs. Go Foo Suy and Go Jancho (25 Phil., 187),
where a fire set by incendiaries was put out before the house was destroyed. G.R. No. L-
16648 March 5, 1921

THE UNITED STATES, plaintiff-appellee,

vs.
FRANK E. BURNS, defendant-appellant.