QuestionsQuestions (Republic Act No. 5467)
Republic Act No. 5467, which amended Articles 321 and 326 (and added Articles 326-A and 326-B) of Act No. 3815 (Revised Penal Code), concerning “other forms of arson.”
Reclusion temporal to reclusion perpetua.
If the value of the damage exceeds ₱6,000; or if the purpose is to destroy evidence kept therein for prosecution under existing laws; or for legislative, judicial, or administrative proceedings; and where the evidence destroyed is to be used against the defendant for prosecuting any crime punishable under existing laws, the penalty is reclusion perpetua.
Reclusion temporal to reclusion perpetua.
Reclusion temporal.
This falls under Article 321(2)(b) and is punished by the penalty level specified there (part of the Article 321(2) set).
Reclusion temporal.
Reclusion temporal.
Prision mayor.
Prision mayor.
Prision correccional in its maximum period to prision mayor in its medium period.
Prision correccional in its maximum period to prision mayor in its medium period.
If the property referred to in Article 321(5)(a) is set on fire and the damage is over ₱200 but does not exceed ₱1,000, the penalty is prision correccional in its medium period to prision mayor in its minimum period; but if the value of such property does not exceed ₱200, the penalty next lower in degree than that prescribed in this subdivision shall be imposed.
If the damage does not exceed ₱6,000 but is over ₱200, the penalty is prision correctional in its medium and maximum periods (Article 321(6)); if the damage does not exceed ₱200, the penalty is prision correctional in its minimum and medium periods (Article 321(7)).
Arresto mayor and a fine ranging from 50% to 100% of the damage caused.
He is punished by arresto mayor in its maximum period to prision correctional in its minimum period if the arson was committed for the purpose of defrauding or causing damage to another, or if prejudice actually occurred, or if the burned thing was a building in an inhabited place.
The court shall impose the death penalty.
1) After the fire, materials/substances soaked in gasoline, kerosene, petroleum, other inflammables, or mechanical/electrical/chemical/electronic contrivances designed to start a fire, or ashes/traces of the foregoing; 2) a substantial amount of inflammable substance/materials stored within the building not necessary in the course of the defendant’s business; 3) the fire started simultaneously in more than one part of the building/locale under circumstances not normally due to accidental or unintentional causes.
At least one of two conditions must be present: (a) the total insurance carried on the building and/or goods is more than 80% of the value at the time of the fire, or (b) the defendant after the fire has presented a fraudulent claim for loss.
Prision correccional is imposed on one who plants the articles mentioned in order to secure a conviction, or as a means of extortion or coercion.