Article 320-326-B: P.
D 1613
ARSON
Any person who burns or sets fire to the property of
another by Prision Mayor.
When a person sets fire to his own property under
circumstances which expose to danger the life or
property of another.
DESTRUCTIVE ARSON
The malicious burning of structure, both public and
private hotels, buildings, edifices, trains, vessels,
aircrafts, factories and other military, government or
commercial establishments by any person or group
of persons.
The penalty of Reclusion Temporal to Reclusion
Perpetua shall be imposed if the property burned is
any of the following:
1. Any ammunition factory and other establishment
where explosives, inflammable or combustible
materials are stored.
2. Any archive, museum, whether public or private or
any edifice devoted to culture, education or social
services.
3. Any church or place of worship or other building
where people usually assemble.
4. Any train, airplane or any aircraft, vessel or
watercraft or conveyance for transportation of
persons or property.
5. Any building where evidence is kept for use in any
legislative, judicial, administrative or other official
proceedings.
6. Any building, whether used as a dwelling or not,
situated in a populated or congested area.
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6.
SPECIAL AGGRAVATING
CIRCUMSTANCES in ARSON
The penalty in any case shall imposed in the
maximum.
1. If committed with the intent to gain.
2. If committed for the benefit of another.
3. If the offender is motivated by spite or hatred
towards the owner or occupant of the property
burned.
4. If committed by a syndicate.
If by reason of or on the occasion of arson death
results, the penalty of reclusion perpetua to death.
1.
2.
3.
4.
5.
6.
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OTHER CASES of ARSON
The penalty of Reclusion Temporal to Reclusion
Perpetua shall be imposed if the property burned is
any of the following:
1. Any building used as offices of the government or
any of its agencies.
2. Any inhabited house or dwelling.
3. Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel.
4. Any plantation, farm, Pasteur land, growing crops,
grain field, orchard, bamboo grove or forests.
5. Any rice mill, sugar mill, cane mill or mill central.
Any railway or bus station, airport, wharf or
warehouse.
7.
PRIMA FACIE EVIDENCE of ARSON
If the fire started simultaneously in more than one
part of the building or establishment.
If the substantial amount of flammable substances
or materials are stored within the building not
necessary in the business of the offender nor for
household use.
If gasoline, kerosene, petroleum or other
flammable substances or materials soaked
therewith or containers thereof or any mechanical,
electrical, chemical or electronic contrivance
designed to start a fire, or ashes or traces of any of
the foregoing are found in the ruins or premises of
the burned building or property.
If the building or property is insured for
substantially more than its actual value at the time
of the issuance of the policy.
If during the lifetime of the corresponding fire
insurance policy more than two fires have occurred
in the same or other premises owned or under the
control of the offender and/or the insured.
If shortly before the fire, a substantial portion of the
effects insured and stored in a building or property
had been withdrawn from the premises except in
the ordinary course of business.
If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender or for
the safety of the person or property of the victim.
article 320 specifies that when in arson, a person dies, death
shall be imposed. It is not a complex crime of arson with
homicide under article 48 but one crime of destructive arson
because there is one specific provision defining the
combination of crimes to inform this composite crime and
specifying its penalty.
How is the corpus delicti in arson
satisfied?
This is satisfied by proof of the bare occurrence of the fire
and of its having been intentionally caused. Even if the
whole structure was not completely gutted by the fire, the
crime is consummated arson. It is enough that a portion has
been destroyed.
When will the special aggravating
circumstance of spite not appreciated?
The circumstance under section 4(3) of the decree of the
offender having been motivated by spite or hatred towards
the owner or occupant of the property should not be
appreciated where it appears to be more of impulse, heat of
anger or risen temper rather than real spite or hatred that
impelled the accused to give vent to his wounded ego.
Who should be the owner of the
property burned?
It does not matter who may be the owner. Arson is
committed even if the offender burned his own property if it
was made under circumstances which exposed the property
or the life of another to danger.
What is the nature of the crime of
arson results to death?
It is a composite crime or a special complex crime because
What is the basis for the penalty for
arson?
The enormity of the offense is not measured by the value of
the property that may be destroyed but rather by the human
lives exposed to destruction. It is indeed a heinous crime
that the law seeks to suppress with the most serious penalty
because of ifs grave anti-social character.
