Supplement in criminal Law

2005 CENTRALIZED BAR OPERATIONS

Arson - is the malicious burning of property. Under Art. 320 of the Revised Penal Code, as amended,
and PD 1613, Arson is classified into two kinds:
(1) Destructive Arson (Art. 320) and
(2) Simple Arson or other cases of arson (PD 1613).

- This classification is based on the kind, character and location of the property burned,
regardless of the value of the damage caused.

Destructive Arson
Article 320 of The Revised Penal Code, as amended by RA 7659, contemplates the malicious burning
of structures, both public and private, such as :
a. hotels,
b. buildings,
c. edifices,
d. trains,
e. vessels and aircraft, and
f. factories and other military, government or commercial establishments by any person or
group of persons.
The classification of this type of crime is known as Destructive Arson, which is punishable by
reclusion perpetua to death. The reason for the law is self-evident: to effectively discourage and deter the
commission of this dastardly crime, to prevent the destruction of properties and protect the lives of innocent
people. The State mandates greater retribution to authors of this heinous crime.
NOTE: If as a consequence of the commission of any of the acts penalized under Art. 320, death
should result, the mandatory penalty of death shall be imposed.

Simple Arson
On the other hand, PD 1613, (which repealed Arts. 321 to 326-B of the Revised Penal Code), remains
the governing law for Simple Arson. This decree contemplates the malicious burning of public and private
structures, regardless of size, not included in Art. 320, as amended by RA 7659, and classified as other cases
of arson.
These include:
a. houses,
b. dwellings,
c. government buildings,
d. farms,
e. mills,
f. plantations,
g. railways,
h. bus stations,
i. airports,
j. wharves and
k. other industrial establishments.
This separate classification of Simple Arson recognizes the need to lessen the severity of punishment
commensurate to the act or acts committed, depending on the particular facts and circumstances of each
case.
Under Sec. 4 of PD 1613, if special aggravating circumstances are present in the commission of
Simple Arson, the penalty under Sec. 3 shall be imposed in its maximum period:
(a) If committed with intent to gain;
(b) If committed for the benefit of another;
(c) If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned; and,
(d) If committed by a syndicate, or group of three (3) or more persons.

NOTE: If by reason, or on the occasion of Simple Arson death results, the penalty of reclusion
perpetua to death shall be imposed.

Stages of Execution
- In People vs. Hernandez, G.R.No. 31770 December 5, 1929, the appellant set fire on a small part
of the roof of a house, and said roof of the house was partially burned. With this, the crime of arson was

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Supplement in criminal Law

consummated, notwithstanding the fact that the fire was afterwards extinguished, for once the fire has been
started, the consummation of the crime of arson does not depend upon the extent of the damage caused.
- In People vs. Gutierrez, G.R. No. 100699, July 5, 1996, the appellant therein passed by a house
carrying a bag containing what seemed to be "gasoline". A few meters away, appellant threw the bag at a
house and then lit it. Forthwith, neighbors poured water on the portion of the house which was ablaze, to
put the fire under control. 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. It is enough that a portion
thereof is shown to have been destroyed.
- Setting fire to the contents of a building constitutes the consummated crime of setting fire to a
building, notwithstanding that the fire is extinguished before it actually consumes any part of the building,
as ruled in United States vs. Goo Foo Suy, G.R. No. 8217, September 5, 1913.
- The fact of setting fire to a jute sack and a rag, soaked with kerosene oil and placed beside an
upright of the house and a partition of the building, thus endangering the burning of the latter, was ruled to
constitute the crime of frustrated arson in United States vs. Valdes, G.R. No. 14128, December 10, 1918.
The crime is classified only as frustrated arson, inasmuch as the defendant performed all the acts conducive
to the burning of said house, but nevertheless, owing to causes independent of his will, the criminal act
which he intended was not produced.

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