Title
Supreme Court
Amendment to Arson Penalties Under Revised Penal Code
Law
Presidential Decree No. 1744
Decision Date
Nov 11, 1980
An amendment to the Revised Penal Code in the Philippines imposes capital punishment on arsonists in order to deter and prevent the destruction of properties and protect innocent lives, with the penalty of reclusion temporal in its maximum period to death for the offense of "Destructive Arson" and the possibility of death penalty for certain circumstances.

Law Summary

Definition of Destructive Arson and Imposed Penalties

  • Destructive arson involves burning buildings or other structures as specified in the amended Article 320.
  • Penalty ranges from reclusion temporal in its maximum period to death.

Types of Buildings and Properties Covered

  • One or more buildings or edifices set on fire in a single or multiple acts.
  • Buildings devoted to public use or where people gather for various purposes (government functions, commerce, worship, meetings, hotels, etc.).
  • Transportation means (trains, ships, airplanes) used for public use, entertainment, or leisure.
  • Buildings, factories, warehouses, installations devoted to public utilities.
  • Buildings burned to conceal evidence, bankruptcy, defraud creditors, or collect insurance.

Circumstances Elevating the Penalty to Death

  • Arson committed by two or more persons or as part of another violation of law.
  • Resulting in death or injury.
  • Destruction of valuable documents, equipment, machinery, apparatus, or other valuable properties.

Additional Offenses Subject to Severe Penalties

  • Burning of arsenal, shipyard, military factories, government archives, or museums.
  • Burning of inflammable or explosive materials in inhabited places.

Repeal of Inconsistent Provisions

  • Articles 320, 321, and 322 provisions inconsistent with these amendments are repealed.

Effectivity Clause

  • The decree took effect immediately upon issuance on November 11, 1980.

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