Reyes, Franco Angelo G.

Lecture- Laws on Arson

LAW AND JURISPRUDENCE

The law on arson in the Philippines is covered by Articles 320 to 326 of the Revised Penal
Code, as amended by PD No. 1613, PD No. 1744, and Sec. 50 Rule VIII IRR of RA 6975 which
provides that the Bureau of Fire Protection (BFP) shall have the power to investigate all causes of
fires and, if necessary, file the proper complaint with the City/Provincial prosecutor who has
jurisdiction over arson cases.

LAWS ON ARSON

1. Article 320 – 326 of the Revised Penal Code

- defines arson, its forms and penalties

2. PD 1613 – the law amending the law on arson

- defining the prima facie evidence of arson

3. RA 7659
- An Act to Impose Death Penalty on Certain Heinous Crimes, amending for that
purpose the Revised Penal Code as amended, other special laws, and for other purposes

4. RA 6975 Sec. 54
- provides that the Fire Bureau shall have the power to investigate all causes of fires
and if necessary, file the proper complaint with the City/Provincial Prosecutor who has
jurisdiction over the case

What Constitutes Arson?

1. Burning
2. Willfulness – means intentional and implies that the act was done purposely and
intentionally
3. Malice – denotes hatred or ill will or a desire for revenge; deliberate intention of doing
unjustified harm for the satisfaction of doing it
4. Motive – the moving because which induces the commission of a crime; something that
leads or influences a person to do something
5. Intent – the purpose or design with which the act is done and involves the will; an essential
element of crime, motive is not

What Constitutes Burning?

▪ The mere fact that a building is scorched or discolored by heat is not sufficient nor will
bare intention or even an attempt to burn a house amount to arson, if no part of it is burned.
▪ Yet, if there is actual ignition of any part of the building, arson is committed, although
there be no flame or the fire immediately goes out of itself.
 ▪ To burn means to consume by fire and in the case of arson, if the wood is blackened but
no fibers are wasted, there is no burning, yet the wood need not be in flame or blaze, and
the burning of any part, however, small is sufficient to constitute arson, and if the house is
charred in a single place so as to destroy the fibers of the wood, it is sufficient to constitute
arson.

What is Attempted Arson?

▪ In attempted arson, it is not necessary that there be a fire before the crime is committed.
No hard and fast rule is laid down by the law as to the requirements for attempted arson.
The peculiar facts and circumstances of a particular case should carry more weight in the
decision of the case. Thus, 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.

▪ The crime committed is attempted arson, because the offender begins the commission of
the crime directly by overacts (placing the rags soaked in gasoline beside the wooden wall
of the building and lighting a match) but he does not perform all the acts of execution (the
setting of the fire to the rags) due to the timely intervention of another who chases away)
the offender.

What is Frustrated Arson?

▪ In frustrated arson, the fact of having set fire to some rags and jute sacks soaked in kerosene
oil and placed near the partition of the entire soil of an inhabited house, should not be
qualified as a consummated arson, in as much as no part of the house had begun to burn,
although fire would have started in the said partition had it not been extinguished on time.
The crime committed was frustrated arson.
What is Consummated Arson?
▪ The offender did in fact set fire to the roof of the house and said house was partially burned.
The crime was consummated arson, notwithstanding the fact that the fire afterwards
extinguished for once it has been started, the consummation of the crime of arson does not
depend upon the extent of the damage caused.
▪ Setting fire to the contents of a building constitutes the consummated crime of setting fire
to a building even if no part of the building was burned.

Basis of Liability in Arson:

1. Kind and character of the building, whether of public or private ownership.
2. Its location, whether in an uninhabited place or in a populated place.
3. Extent of damage caused; and
4. The fact of its being inhabited or not.