Title
Amendment on arson penalties
Law
Republic Act No. 5467
Decision Date
May 12, 1969
Republic Act No. 5467 amends the Revised Penal Code to specify punishments for different forms of arson, including setting fire to occupied buildings, public buildings, and properties for fraudulent purposes, with death penalty imposed if death results; it also provides prima facie evidence of arson and imposes penalties for planting evidence.

Law Summary

Amendment of Article 326: Setting Fire to Property Exclusively Owned by the Offender

  • If the offender burns their own property for fraudulent purposes or to cause damage/prejudice to another, penalties range from arresto mayor to prision correctional.
  • The penalty level depends on whether the property is a building in an inhabited location and if actual prejudice was caused.

Death Resulting from Arson (Article 326-A)

  • If arson results in death, the death penalty shall be imposed by the court regardless of other circumstances.

Prima Facie Evidence of Arson (Article 326-B)

  • Certain conditions establish prima facie evidence of arson, including:
    • Presence of inflammable substances (gasoline, kerosene, petroleum) or devices designed to start fires found after the fire.
    • Storage of substantial inflammables not necessary for business inside the burned building.
    • Fire origin in multiple parts of a building simultaneously under suspicious circumstances.
  • Additional factors required:
    • Insurance coverage exceeding 80% of the value of the property.
    • Fraudulent claims filed after the fire.
  • Penalty of prision correccional for those planting such evidence to extort or coerce.

Effectivity

  • The amendments took effect upon approval, May 12, 1969.

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