Criminal Law › Special Penal Laws

S. Arson Law (PD 1613)

Chapter 8: Arson and Other Crimes Involving Destruction

Arson is the malicious destruction of property by fire.

Three categories of the crime of Arson:

  • Destructive Arson (Art. 320, as amended by R.A. 7659);
  • Simple Arson (Sec. 1, P.D. 1613); and
  • Other cases of arson (Sec. 3, P.D. 1613).

Destructive and Simple Arson, Distinguished

DESTRUCTIVE ARSON (ART. 320) ARSON UNDER P.D. 1613 (SECS. 1 AND 3)
Contemplates the malicious burning of structures, both public and private, hotels, buildings, edifices, trains, vessels, aircraft, factories and other military, government, or commercial establishments by any person or group of persons Section 1 covers the burning of another's property, or one's own property under circumstances endangering another's life or property. Properties specifically listed in Section 3 are treated as other cases of arson, not simple arson.

Rules as to the use of fire

ACT OF THE ACCUSED CRIME COMMITTED
Intent was only to burn house but somebody dies Arson where death results by reason or on the occasion thereof (Sec. 5, P.D. 1613), subject to the prohibition on imposing the death penalty (R.A. 9346)
If fire was used as a means to kill Murder
If fire was used to conceal the killing Separate crimes of arson and murder/homicide

Authorities

  • Art. 320, Sec. 320
  • P.D. 1613, Sec. 1
  • P.D. 1613, Sec. 3
  • Revised Penal Code|R.A. 7659, Sec. 320