ARSON LAW
AUTHORITY of the Fire Bureau or the BFP
✓ The Fire Bureau shall have the power to investigate all causes of fires and if necessary, file the proper
complaint with the city or provincial prosecutor who has jurisdiction over the case.
✓ Basis: (1) Section 54 of RA 6975 – MAIN LAW, (2) Section 50, Rule VIII, IRR of RA 6975 (DILG Act of 1990)
in the BFP.
AUTHORITY to INVESTIGATE all Causes of Fire
• BFP Standard Operating Procedure (SOP)No. 2023-001, otherwise known as the “Standard Operating
Procedure on Fire Investigation”
• MC No. 2024-001 Guidelines in the submission and issuance of Investigation Reports (IR) in the BFP.
• Republic Act 11589 “An Act Strengthening and Modernizing the Bureau of Fire Protection and
Appropriating Funds therefore” otherwise known as the “BFP Modernization Act of 2021”
ARSON LAW IN THE PHILIPPINES
• ACT 3815 (Revised Penal Code, Art. 320 to 326-B / approved December 8,1930, took effect January
1,1932)
• RA 5467 (Amended Art. 321 and 326 of the RPC ONLY / May 12, 1969)
• PD 1613 (Amending the Law on Arson / New Arson Law that amended Art 320 to 326-B of the RPC/
March 7,1979
• PD 1744 (Amended Art 320 of the RPC “Capital Punishment for Destructive Arson” / November 11, 1980
• RA 7659 (Imposes Death Penalty on Certain Heinous Crime / December 19, 1993)
• RA 11479 (Anti-Terrorism Act of 2020)
WHAT is ARSON?
• The CRIME of maliciously and intentionally, or recklessly, starting a fire or explosion. (NFPA 921-14, 3.3.15,
2021 edition)
• Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished by Prision
Mayor. PD 1613
• The same penalty shall be imposed when a person sets fire to his own property under circumstances
which expose to danger the life or property of another.
• Malicious destruction of property by means of fire or explosion
• A Felony in our RPC
• A Public Crime against the State
ELEMENTS of ARSON
1. Actual Burning took place
2. Actual Burning is done with Malicious Intent
3. Actual Burning done by person(s) legally and criminal liable
EVIDENCE NECESSARY to PROVE a CRIME of ARSON
✓ The complex nature of the crime of arson makes it one of the most difficult crimes to prove in court.
Legally (3) three facts must be proven to convict the arsonist, to wit:
1. There was a Fire
2. The Fire was of Incendiary origin
3. The person accused either set or procured the setting of fire
INTENT and MOTIVES of Committing ARSON
Intent
➢ is the purpose to use a particular means effect such result.
➢ Elements of Crime
➢ External
Motive
➢ is the moving power which impels one to act for a define result.
➢ Usually not an elements of crime
➢ Internal
MOTIVES in the COMMISSION of CRIME of ARSON
• Economic Gain
• Concealment of Crime
• Spite
• Thrill
• Terrorism
• Vandalism
• Vanity
CLASSIFICATION of ARSON
1. Simple Arson (PD 1613 amending Art 321 – 326B of RPC)
➢ Any person who burns or sets fire to the property of another.
➢ When a person sets fire to his own property under circumstances which expose to danger the life or
property of another.
2. Destructive Arson (PD 1744 and RA 7659 amending Art 320 of the RPC)
➢ Section 10. Article 320 of the same Code (RPC) is hereby amended to read as follows:
Article 320. Destructive Arson - The penalty of reclusion Perpetua to death shall be imposed upon any
person who shall burn:
a) One or more buildings or edifices, consequent to one single act of burning, or as result of simultaneous
burnings, committed on several or different occasions.
b) Any building of public or private ownership, devoted to the public in general or where people usually
gather or congregate for a definite purpose such as but not limited to, official governmental function or
business, private transaction, commerce, trade, workshop, meetings and conferences, or merely
incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public
conveyance or stop or terminals, regardless of whether the offender had knowledge that there are
persons in said building or edifice at the time it is set on fire and regardless also of whether the building
is actually inhabited or not.
c) Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or
for public use, entertainment or leisure.
d) Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the
service of public utilities.
e) Any building the burning of which is for the purpose of concealing or destroying evidence of another
violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from
insurance.
✓ Irrespective of the application of the above enumerated qualifying circumstances, the penalty of
Reclusion Perpetua to death shall likewise be imposed when the arson is perpetrated or committed by
two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn
or destroy the building or the burning merely constitutes an overt act in the commission or another
violation of law. (PD 1744- RA 7659 amending Art 320 of the RPC).
✓ The penalty of Reclusion Perpetua to death shall also be imposed upon any person who shall burn:
a. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse,
archives or general museum of the Government.
b. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
✓ If as a consequence of the commission of any of the acts penalized under this Article, death or injury
results, or any valuable documents, equipment, machineries, apparatus, or other valuable properties were
burned or destroyed, the mandatory penalty of death shall be imposed. (PD 1744 and RA 7659 amending
Art 320 of the RPC)
3. OTHER CASES OF ARSON (Section 3 PD 1613) (Reclusion Temporal to Reclusion Perpetua)
a. Any building used as offices of the government or any of its agencies;
b. Any inhabited house or dwelling;
c. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
d. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
e. Any rice mill, sugar mill, cane mill or mill central; and
f. Any railway or bus station, airport, wharf or warehouse.
SPECIAL AGGRAVATING CIRCUMSTANCES (Sec 4 of PD 1613 in any Arson Case to its Max)
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner occupant of the property burned;
4. If committed by a syndicate
✓ If by reason or on the occasion of arson, death results, the penalty of Reclusion Perpetua to death shall
be imposed (Sec 5 PD 1613).
PRIMA FACIE EVIDENCE OF ARSON Sec 6 of PD 1613
1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building not necessary in
the business of the offender nor for household use.
3. If gasoline, kerosene, petroleum or other flammable or combustible 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.
4. If the building or property is insured for substantially more than its actual value at the time of the issuance of
the policy.
5. 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 insured.
6. 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.
7. 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.
CONSPIRACY TO COMMIT ARSON (Sec 7 PD 1613)
✓ Conspiracy to commit arson shall be punished by Prision Mayor in its minimum period.
CONFISCATION OF OBJECT OF ARSON (Sec 8 of PD 1613)
✓ The building which is the object of arson including the land on which it is situated shall be confiscated
and escheated to the State, unless the owner thereof can prove that he has no participation in nor
knowledge of such arson despite the exercise of due diligence on his part.
STAGES in the COMMISSION of ARSON
1. ATTEMPTED STAGE
➢ Offender commences the commission of a felony directly by OVERT ACTS and does not perform all
the acts of execution which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance.
➢ OVERT ACTS
1) Physical activity or deed;
2) Indicates the intention to commit a particular crime (more than a mere planning or preparation);
3) If carried to its complete termination following its natural course;
4) Logically and necessarily ripen into a concrete offense
➢ When is the commission of a felony deemed commenced directly by overt acts?
(1) That there be external acts (preparatory acts and acts of execution)
(2) Such external acts have direct connection with the crime intended to be committed
2. CONSUMMATED STAGE
➢ All the elements necessary for this execution and accomplishment are present:
➢ (All acts of execution performed + resulting felony)
3. FRUSTRATED STAGE
➢ Performed ALL THE ACTS which would produce the felony, but the crime was NOT COMMITTED for
reasons INDEPENDENT OF THE WILL OF THE PERPETRATOR.
➢ As a General Rule: There is NO Frustrated Arson.
➢ Exemption: U.S. vs. Valdes (39, Phil.240)
ATTEMPTED, FRUSTRATED, CONSUMMATED ARSON
✓ How to determine whether the crime is only attempted, frustrated or consummated?
a. Nature of the offense
b. Elements constituting the felony
c. The manner in committing the same
1. A person, intending to burn a wooden structure, collects some rags, soaks them in gasoline and places them
beside the wooden wall of the building. When he is about to light a match to set fire to the rags, he is discovered
by another who chases him away.
2. If that person is able to light or set fire to the rags but the fire was put out before any part of the building was
burned.
3. But if before the fire was put out, it has burned a part of the building.
OTHER FIRE RELATED LAWS / JURISPRUDENCE
1. PEOPLE of the PH VS ABAYON (GR NO. 204891)
a. Simple Arson is punishable under Section 1 of PD 1613
(a) If the main objectives in the burning of the building or edifice, but death results by reason or on
the occasion of arson, the crime is simply ARSON, and the resulting homicide is absorbed;
(b) if, on the other hand, the main objective is to kill a particular person who may be in a building or
edifice, when fire is resorted to as the means to accomplish such goal the crime committed is
MURDER only.
(c) if the objective is, likewise, to kill a particular person, and in fact the offender has already done so,
but fire is resorted to as means to cover up killing, then there are two separate and distinct crime
committed - HOMICIDE/MURDER and ARSON.
2. People vs Mae Al-Saad y Bagkat (GR 242414 March 15, 2021)
➢ As a rule, NO Special Complex Crime of Arson with Homicide or Murder
➢ Above is an exemption to the rule.
3. “Reckless Imprudence resulting to Damage to Property” by means of Culpa or Fault as Culpable Felony
or Criminal Negligence
4. ART 365 RPC – Quasi Offenses
5. BFP SOP 2023-001, Chapter VII, C – “Filing of Fire Related Criminal Cases”, Sub par. 4,
6. BFP SOP IID – 2008-01, Chapter VIII Filing of Complaint Procedure
7. Reckless Imprudence Resulting to Serious Physical Injuries or Homicide
✓ If the Act Burning had unintentionally caused damaged to the property of another and if established and
found out during the course of investigation the it had accidentally damaged the same, with no malice,
or deliberate intent, and eventually caused damaged by the progressing fire event due to lack of
precaution what do you think is the crime committed?
