CRIMES

INVOLVING
DESTRUCTION
ARSON

 Laws Involved
1. P.D.1613 which repealed Articles 320 to 326-B of the Revised Penal
Code
2. P.D. 1744 which revived Article 320
3. R.A. 7659 which amended Article 320 as revived.
 The law on arson in force today are both P.D. 1613 and Article 320,
as amended by R.A. No. 7659. The provisions of P.D. No. 1613
which are inconsistent with R.A. 7650 are deemed repealed.
ART. 320. Destructive Arson

The penalty of reclusion temporal in its maximum period to reclusion

perpetua shall be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory,
ordinance, storehouse, archives or general museum of the Government.
2. Any passenger train or motor vehicle in motion or vessel out of port.
3. In an inhabited place, any storehouse or factory of inflammable or
explosive materials.
CONCEPT

 This is the crime committed by any person who destroys property by

means of fire.
CATEGORIES OF ARSON

 There are two categories of the crime of arson (per PP. vs. Malngan 503
SCRA 294) based on their significance on the social, economic, political
and national security implications.
1. DESTRUCTIVE ARSON
2. SIMPLE ARSON
1. DESTRUCTIVE ARSON

 This contemplates the malicious burning of structures, both public and

private, hotels, edifices, trains, vessels, aircrafts, factories and other
military, government, or commercial establishments
2. SIMPLE ARSON

 Under P.D. 1613 which contemplates the malicious burning of public and
private structures, regardless of size, not included in Article 320 as
Amended
 These includes houses, dwellings, government buildings, farms, mills,
plantations, railways, bus stations, airports, wharves, and other industrial.
Property Subject of Arson

 As to who owns the property burned.

1. Property of another, who may be a private person or the government.
2. Property of the accused if the arson was under circumstances which
exposes danger to the life or property of another Example: burning ones
old house locate in a heavily populated residential
 As to the kind of property: these may be real or personal, including
plantation, farms, pasture land, crops, forest land, plants and animals
except large cattle (as the latter is cattle rustling).
PRINCIPLES

1. Arson is a continuous crime and a single offense is committed even if on the same
occasion of the burning, several properties are burned, even if belonging to several
persons

2. The justifying circumstances of State of Necessity may be invoked.

3. Conspiracy to Commit Arson is punishable as a crime

Penalty for Arson

For purposes of the penalty arson is classified into:

1) Destructive Arson where the penalty is Reclusion Temporal Maximum to
Reclusion Perpetua.
2). Other cases of Arson where the penalty is reclusion temporal to reclusion
perpetua.
3). Simple Arson of another‘s property punishable by prision mayor
4). Arson of one‘s property.
Factors affecting Penalty

1). Ownership of the property.

2). The kind or nature of the property such as: whether it is a building
or not, if a building whether it is a public building or a private dwelling
; a religious building or one devoted to culture, education or social
service.
Factors affecting Penalty

3). The presence of the special aggravating

circumstances of:
a) If with intent of gain, such as to collect the insurance premium
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
d). If committed by a syndicate i.e. if planned or carried out by a group of 3
or more persons ( syndicated arson)
Factors affecting Penalty

4.) If death results i.e if by reason or on the occasion of arson death results.
 This is the special complex crime of Arson Resulting in or accompanied by,
Homicide. The term ―homicide is in generic sense and includes several
deaths .
 Death is not the purpose of the burning otherwise the crime is murder but
this crime is where the intention is to burn but a person was killed.
ART. 321 Other Forms of
Arson
1. By RECLUSION TEMPORAL OR
BY RECLUSION PERPETUA:
(a) if the offender shall set fire to any building, farmhouse, warehouse, hut,
shelter, or vessel in port, knowing it to be occupied at the time by one or
more persons;
(b) If the building burned is a public building and value of the damage
caused exceeds 6,000 pesos;
(c) If the building burned is a public building and the purpose is to destroy
evidence kept therein to be used in instituting prosecution for the punishment
of violators of the law, irrespective of the amount of the damage;
1. By RECLUSION TEMPORAL OR
BY RECLUSION PERPETUA:

(d) If the building burned is a public building and the purpose is to destroy
evidence kept therein to be used in legislative, judicial or administrative
proceedings, irrespective of the amount of the damage; Provided, however,
That if the evidence destroyed is to be used against the defendant for the
prosecution of any crime punishable under existing laws, the penalty shall be
reclusion perpetua;
(e) If the arson shall have been committed with the intention of collecting
under an insurance policy against loss or damage by fire.
2. By RECLUSION TEMPORAL:

(a) If an inhabited house or any other building in which people are accustomed to
meet is set on fire, and the culprit did not know that such house or building was
occupied at the time, or if he shall set fire to a moving freight train or motor vehicle,
and the value of the damage caused exceeds 6,000 pesos;
(b) If the value of the damage caused in paragraph (b) of the preceding subdivision
does not exceed 6,000 pesos;
(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar
plantation is set on fire and the damage caused exceeds 6,000 pesos; and
(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the
damage caused exceeds 6,000 pesos.
3. By PRISION MAYOR

(a) If the value of the damage caused in the case mentioned in paragraphs
(a), (c), and (d) in the next preceding subdivision does not exceed 6,000
pesos;
(b) If a building not used as a dwelling or place of assembly, located in a
populated place, is set on fire, and the damage caused exceeds 6,000
pesos;
 4. By PRISION CORRECCIONAL in its
maximum period to PRISION MAYOR in
its medium period:
(a) If a building used as dwelling located in an uninhabited place is set on
fire and the damage caused exceeds 1,000 pesos;
(b) If the value or the damage caused in the case mentioned in paragraphs
(c) and (d) of subdivision 2 of this article does not exceed 200 pesos.
5. By prision correccional in its medium period to prision mayor in its minimum period,
when the damage caused is over 200 pesos but does not exceed 1,000 pesos, and
the property referred to in paragraph (a) of the preceding subdivision is set on fire;
but when the value of such property does not exceed 200 pesos, the penalty next
lower in degree than that prescribed in this subdivision shall be imposed.
6. The penalty of prision correccional in its medium and maximum periods, if the
damage caused in the case mentioned in paragraph (b) of subdivision 3 of this
article does not exceed 6,000 pesos but is over 200 pesos.
7. The penalty of prision correccional in its minimum and medium periods, if the
damage caused in the case mentioned paragraph (b) subdivision 3 of this article
does not exceed 200 pesos.
8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per
centum if the damage caused shall be imposed, when the property burned consists
of grain fields, pasture lands, forests, or plantations when the value of such property
does not exceed 200 pesos. (As amended by R.A. 5467, approved May 12, 1969).