ANTI-ARSON LAW

PD 1613 and 1744 (amendment to PD 1613)

 What is Arson?
The malicious destruction of property
by FIRE.
 Kinds of Arson
1. Simple Arson
2. Destructive Arson
3. Other cases of arson
 Simple Arson
PD 1613, amending Arts. 321 to 326

Sec 1. 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.
 Elements of Simple Arson
People v. Macabando (2013)

The elements of simple arson under

Section 3(2) of P.D. No. 1613 are:
(a) there is intentional burning; and
(b) what is intentionally burned is an
inhabited house or dwelling.
 Destructive Arson
PD 1744 – RA 7659, amending Art. 320

Any person who shall burn: 1.One

or more buildings or edifices,
consequent to one single act of burning,
or as a result of simultaneous burnings,
committed on several or different occasions.
2. 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
conveyances or stops 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.
3. Any train or locomotive, ship or vessel,
airship or airplane, devoted to transportation or
conveyance, or for public use, entertainment or
leisure.

4. Any building, factory, warehouse

installation and any appurtenances thereto,
which are devoted to the service of public
utilities.
 5. 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
RP 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.
 The penalty of RP to death shall also be
imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordnance, storehouse, archives or
general museum of the Government.
 2. 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 results, the mandatory penalty of
death shall be imposed."
 Other Cases of Arson
PD 1613, amending Arts. 321 to 326

Sec. 3. RT to RP 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, pastureland,

growing crop, grain field, orchard,
bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill
central; and

6. Any railway or bus station, airport,

wharf or warehouse.
 Special Aggravating
Circumstances
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 or occupant of
the property burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if its

is planned or carried out by a group of three (3)
or more persons.
Prima Facie Evidence of
Arson
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 note necessary in the business of
the offender nor for household us.
 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.
 6. 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.
 People v. Macabando
Macabando’s act affecting many families will not
convert the crime to destructive arson, since the act does
not appear to be heinous or represents a greater degree of
perversity and viciousness when compared to those acts
punished under Article 320 of the RPC. The established
evidence only showed that Macabando intended to burn his
own house, but the conflagration spread to the neighboring
houses.
 Burning the building or
property is not always arson.
The motive of the accused should
be considered to determine the
crime committed.
 Intent to burn – If the main objective is the
burning of the building or edifice, but death
results by reason or on the occasion of arson,
the crime is special complex crime of
destructive arson with homicide (People vs.
Villacorta, G.R. No. 172468, October 15,
2008)
 Intent to kill – If 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. Murder qualified
by means of fire absorbs the crime of arson
since the latter is an inherent means to commit
the former.
 If the objective is to kill, and in fact the
offender has already done so, and arson is
resorted to as a means to cover up the killing,
the offender may be convicted of two separate
crimes of either homicide or murder, and
destructive arson (People vs.
Cedenio, G.R. No. 93485, June 27, 1994).
 Intent to commit robbery – If the main
objective is to commit robbery, and homicide
and arson are perpetrated by reason or on
occasion thereof, the crime committed is
robbery with homicide while arson shall be
integrated into this special complex crime.
In People vs. Jugueta, (G.R. No. 202124, April
05, 2016), the SC described destructive arson
with homicide under Article 320 as a special
complex crime. .
However, by means of fire shall be considered
as an ordinary aggravating circumstance (U.S.
vs. Bulfa, G.R. No. 8468, August 20, 1913).
 Intent to coerce the government - If the
main objective is to coerce the government to
give in to an unlawful demand, and the
murder, arson or robbery with homicide
creates an extraordinary and widespread
panic to the populace, the crime committed is
terrorism under RA No. 9372.
 Intent to coerce the government - If the
main objective is to coerce the government to
give in to an unlawful demand, and the
murder, arson or robbery with homicide
creates an extraordinary and widespread
panic to the populace, the crime committed is
terrorism under RA No. 9372.
There is no complex crime of arson with
homicide
Whether the crime is described as simple arson,
arson resulting to death, or special complex crime of
arson with homicide, homicide shall not be
considered as a separate crime. Arson, regardless of
its description, will absorb homicide. Arson,
regardless of its description, is punishable under
Section 5 of PD No. 1613 and Article 320 of the
Revised Penal Code, both of which prescribes a
grave penalty where arson is committed with a
resulting death.
 There is no frustrated arson
If burning resulted but offender commenced the
commission of the felony directly by overt acts but
was not able to produce the felony because of
causes other than his spontaneous desistance,
attempted arson is committed.

In People v Gutierrez, although the whole wood and

galvanized iron house has not been completely
gutted by the fire, the crime is still consummated
arson. It is enough that a portion of the house had
been destroyed.
BAR QUESTIONS
 1994
Tata owns a three-storey building located at No. 3
Herran Street. Paco, Manila. She wanted to
construct a new building but had no money to
finance the construction. So, she insured the
building for P3,000,000.00. She then urged Yoboy
and Yongsi, for monetary consideration, to bum her
building so she could collect the insurance
proceeds. Yoboy and Yongsi burned the said
building resulting to its total loss. What crime did
Tata, Yoboy and Yongsi commit?
 Suggested Answer:

Tata, Yoboy and Yongsi committed the crime

of destructive arson because they collectively
caused the destruction of property by means
of fire under the circumstances which exposed
to danger the life or property of others (Art,
320, par.
5, RPC. as amended by RA No. 7659).
 1985
B set the house of A on fire by way of
revenge against the latter. B did not know that
A was inside. A died because of the fire.
(A) What crime or crimes did B commit?
(B) Suppose B knew that A was inside,
what crime or crimes did B commit?
(C) Suppose before setting it on fire, B
entered the house and killed A. Then B set
the house on fire to hide the body of A.
 1985
B set the house of A on fire by way of
revenge against the latter. B did not know that
A was inside. A died because of the fire.
(A) What crime or crimes did B commit?
(A) B will be liable for the special
complex crime of arson with
homicide as provided in
Presidential Decree No. 1613,
because the death resulted from the
arson.
 1985
(B) Suppose B knew that A was inside,
what crime or crimes did B commit?

(C) Suppose before setting it on fire, B

entered the house and killed A. Then B set
the house on fire to hide the body of A. What
crime or crimes did B commit?
Explain your answers.
(B) If B knew that A was in the house
when it was set on fire, the crime will be
murder. The fire is the qualifying
circumstance.
(C) If B killed A before the house
was set on fire, two crimes are
committed, murder and arson. The
arson was committed to conceal the
crime of murder.
 2012
With intent to kill, GGG burned the
house where F and D were staying.
F and D died as a consequence.
What is the proper charge against
GGG?
A. GGG should be charged with two (2)
counts of murder.
B. GGG should be charged with arson.
C. GGG should be charged with complex
crime of arson with double murder.
D. GGG should be charged with complex
crime of double murder.
 Answer:
A. GGG should be charged with
two (2) counts of murder.