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.