Law Summary
Definition and Penalty for Destructive Arson
- Destructive arson carries a penalty ranging from Reclusion Temporal (maximum period) to Reclusion Perpetua.
- Applies when the burned property includes:
- Ammunition factories or establishments storing explosives, inflammable, or combustible materials.
- Archives, museums, public or private educational, cultural, or social service buildings.
- Churches, places of worship, or buildings where people usually assemble.
- Trains, airplanes, aircraft, vessels, or other transportation conveyances.
- Buildings storing evidence for legislative, judicial, administrative, or official proceedings.
- Hospitals, hotels, dormitories, shopping centers, markets, theaters, or similar places.
- Buildings located in populated or congested areas.
Penalty for Other Cases of Arson
- Penalty of Reclusion Temporal to Reclusion Perpetua is imposed when the property burned is:
- Government offices or agencies.
- Inhabited houses or dwellings.
- Industrial establishments, shipyards, oil wells, mines, platforms, or tunnels.
- Plantations, farms, pasturelands, crops, orchards, bamboo groves, or forests.
- Rice mills, sugar mills, cane mills, or mill centrals.
- Railway or bus stations, airports, wharves, or warehouses.
Special Aggravating Circumstances and Penalty Enhancements
- Penalties are imposed in their maximum period under these conditions:
- Arson committed with intent to gain.
- Arson committed for the benefit of another person.
- Offender motivated by spite or hatred towards owner or occupant.
- Arson committed by a syndicate (group of three or more persons).
Penalty When Death Results From Arson
- If death results from the arson, the penalty ranges from Reclusion Perpetua to death.
Prima Facie Evidence of Arson
- The following circumstances establish prima facie evidence:
- Fire starts simultaneously in multiple parts of a building.
- Large quantities of flammable substances stored unnecessarily.
- Presence of gasoline, kerosene, petroleum, or other incendiary materials or devices.
- Insurance coverage exceeding actual value of property.
- Multiple fires occurring during the lifetime of the insurance policy.
- Substantial withdrawal of insured effects shortly before the fire.
- Demand for money or valuable consideration before the fire to desist or secure safety.
Penalty for Conspiracy to Commit Arson
- Conspiracy to commit arson is punishable by Prision Mayor in its minimum period.
Confiscation of Property Used in Arson
- The building subjected to arson and the land it occupies shall be confiscated and escheated to the State.
- The owner may avoid confiscation by proving no participation or knowledge of the arson despite due diligence.
Repealing Clause
- Articles 320 to 326-B of the Revised Penal Code, and any inconsistent laws, orders, and regulations, are repealed or amended accordingly.
Effectivity of the Decree
- The decree takes effect immediately upon publication in a newspaper of general circulation.