QuestionsQuestions (PRESIDENTIAL DECREE NO. 1613)
Any person who burns or sets fire to the property of another is punished by Prision Mayor. The same penalty applies when a person sets fire to his own property under circumstances that expose to danger the life or property of another.
The penalty is Reclusion Temporal in its maximum period to Reclusion Perpetua if the property burned falls under Sec. 2 (e.g., ammunition factories/explosives storage, archives/museums/edifices devoted to culture-education-social services, churches/places of worship, trains/aircraft/vessels/conveyances for transport, buildings where evidence is kept for official proceedings, hospitals/hotels/dormitories/lodging houses/tenements/shopping centers/markets/theaters/movie houses, and any building in a populated or congested area).
The penalty is Reclusion Temporal to Reclusion Perpetua if the burned property is one of those listed in Sec. 3, such as government offices, inhabited houses/dwellings, industrial establishments/shipyards/oil wells/mine shafts/platforms/tunnels, plantations/farms/crops/grain fields/orchards/bamboo groves/forests, rice mills/sugar mills/cane mills/mill centrals, and railway/bus stations/airports/wharves/warehouses.
In any case of arson, the penalty is imposed in its maximum period if the arson is committed: (1) with intent to gain, (2) for the benefit of another, (3) motivated by spite or hatred toward the owner/occupant, or (4) by a syndicate.
The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons.
If by reason of or on the occasion of the arson death results, the penalty is Reclusion Perpetua to death.
Prima facie evidence exists if: (1) the fire started simultaneously in more than one part of the building/establishment; (2) a substantial amount of flammable substances/materials are stored not necessary in the business of the offender nor for household use; (3) gasoline/kerosene/petroleum/other flammable materials, or containers or contrivances designed to start a fire, or ashes/traces of these are found in the ruins/premises; (4) the building/property is insured for substantially more than its actual value at the time of the policy issuance; (5) within the lifetime of the corresponding policy, more than two fires occurred in the same or other premises owned/controlled by the offender and/or insured; (6) shortly before the fire, a substantial portion of insured effects stored in the building had been withdrawn except in the ordinary course of business; (7) a demand for money/valuable consideration was made before the fire in exchange for desistance or for the safety of the person/property of the victim.
Conspiracy to commit arson is punished by Prision Mayor in its minimum period.
The building (including the land on which it is situated) which is the object of arson shall be confiscated and escheated to the State unless the owner proves that he had no participation in nor knowledge of the arson despite the exercise of due diligence.
The owner must prove he had no participation in nor knowledge of the arson, and that he exercised due diligence.
It covers both. Sec. 1 punishes burning/setting fire to property of another. It also punishes setting fire to one’s own property when done under circumstances that expose the danger of life or property of another.
PD No. 1613 repeals Articles 320 to 326-B of the Revised Penal Code, and all laws, executive orders, rules and regulations, or parts thereof, inconsistent with the Decree.
The Decree takes effect immediately upon publication at least once in a newspaper of general circulation.
Three (3) or more persons—planned or carried out by such group.
Without death, penalties depend on the basic/arson category (Sec. 1, 2, or 3) and aggravating circumstances (Sec. 4). With death, Sec. 5 authorizes Reclusion Perpetua to death.