CRI 189 MODULE 20
REVISED PENAL CODE
CRIME PENALTY
Art. 320. Destructive reclusion temporal 1. Any arsenal, shipyard, storehouse or military powder or fireworks
arson. in its maximum factory, ordinance, storehouse, archives or general museum of the
period to reclusion Government.
perpetua 2. Any passenger train or motor vehicle in motion or vessel out of port.
3. In an inhabited place, any storehouse or factory of inflammable or
explosive materials.
Art. 321. Other forms of reclusion temporal (a) if the offender shall set fire to any building, farmhouse, warehouse,
arson. or reclusion hut, shelter, or vessel in port, knowing it to be occupied at the time by
perpetua: one or more persons;
(b) If the building burned is a public building and value of the damage
caused exceeds 6,000 pesos;
(c) If the building burned is a public building and the purpose is to destroy
evidence kept therein to be used in instituting prosecution for the
punishment of violators of the law, irrespective of the amount of the
damage;
(d) If the building burned is a public building and the purpose is to destroy
evidence kept therein to be used in legislative, judicial or administrative
proceedings, irrespective of the amount of the damage; Provided,
however, That if the evidence destroyed is to be used against the
defendant for the prosecution of any crime punishable under existing
laws, the penalty shall be reclusion perpetua;
(e) If the arson shall have been committed with the intention of collecting
under an insurance policy against loss or damage by fire.
By reclusion (a) If an inhabited house or any other building in which people are
temporal: accustomed to meet is set on fire, and the culprit did not know that such
house or building was occupied at the time, or if he shall set fire to a
moving freight train or motor vehicle, and the value of the damage
caused exceeds 6,000 pesos;
(b) If the building burned is a public building and value of the damage
caused DOES NOT exceeds 6,000 pesos;
(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any
similar plantation is set on fire and the damage caused exceeds 6,000
pesos; and
(d) If grain fields, pasture lands, or forests, or plantings are set on fire,
and the damage caused exceeds 6,000 pesos.
By prision mayor: (a) If the value of the damage caused in the case mentioned in
paragraphs (a), (c), and (d) in the next preceding subdivision does not
exceed 6,000 pesos;
• If an inhabited house or any other building in which people are
accustomed to meet is set on fire, and the culprit did not know that
such house or building was occupied at the time, or if he shall set
fire to a moving freight train or motor vehicle, and the value of the
damage caused DOES NOT exceeds 6,000 pesos;
• If a farm, sugar mill, cane mill, mill central, bamboo groves or any
similar plantation is set on fire and the damage caused DOES NOT
exceeds 6,000 pesos;
• If grain fields, pasture lands, or forests, or plantings are set on fire,
and the damage caused DOES NOT exceeds 6,000 pesos.
(b) If a building not used as a dwelling or place of assembly, located in a
populated place, is set on fire, and the damage caused exceeds 6,000
pesos;
prision correccional (a) If a building used as dwelling located in an uninhabited place is set on
in its maximum fire and the damage caused exceeds 1,000 pesos;
period to prision
mayor in its medium (b) If the value or the damage caused in the case mentioned in paragraphs
period (c) and (d) of subdivision 2 of this article does not exceed 200
• If a farm, sugar mill, cane mill, mill central, bamboo groves or any
similar plantation is set on fire and the damage caused DOES NOT
exceed 200 pesos;
• If grain fields, pasture lands, or forests, or plantings are set on fire,
and the damage caused DOES NOT exceeds 200 pesos.
prision correccional • If a building used as dwelling located in an uninhabited place is set
in its medium period on fire and the damage caused is over 200 pesos but does not
to prision mayor in exceed 1,000 pesos.
its minimum period, • but when the value of such property does not exceed 200 pesos,
the penalty next lower in degree than that prescribed in this
subdivision shall be imposed.
prision correccional • If a building not used as a dwelling or place of assembly, located in
in its medium and a populated place, is set on fire, and the damage caused DOES NOT
maximum periods exceeds 6,000 pesos but is over 200 pesos.
penalty of prision • If a building not used as a dwelling or place of assembly, located in
correccional in its a populated place, is set on fire, and the damage caused DOES NOT
minimum and exceeds 200 pesos
medium periods
arresto mayor and a • property burned consists of grain fields, pasture
fine ranging from • lands, forests, or plantations when the value of such property DOES
fifty to one hundred NOT exceed 200 pesos.
per centum
Art. 322. Cases of arson
not included in the
preceding articles.
arresto mayor in its • when the damage caused does not exceed 50 pesos;
medium and
maximum periods,
arresto mayor in its • when the damage caused is over 50 pesos but does not exceed 200
maximum period to pesos;
prision correccional
in its minimum
period,
By prision • if the damage caused is over 200 pesos but does not exceed 1,000
correccional in its pesos;
minimum and
medium periods,
prision correccional • if it is over 1,000 pesos.
in its medium and
maximum periods,
Art. 323. Arson of • The arson of any uninhabited hut, storehouse, barn, shed, or any
property of small value. other property the value of which DOES not exceed 25 pesos,
Art. 325. Burning one's • Any person guilty of arson or causing great destruction of the
own property as means property belonging to another, even though he shall have set fire to
to commit arson. or destroyed his own property for the purposes of committing the
crime.
Art. 326. Setting fire to arresto mayor in its • If the property burned shall be the exclusive property of the
property exclusively maximum period offender.
owned by the offender. to prision
correccional in its
minimum period,
Art. 326-A. In cases where death penalty. • If death resulted because of arson committed on any of the
death resulted because of properties and under any of the circumstances mentioned in the
arson. preceding articles,
Art. 326-B. Prima facie 1. If after the fire, are found materials or substances soaked in gasoline,
evidence of arson. kerosene, petroleum, or other inflammables, or any mechanical, electrical
chemical or traces or any of the foregoing.
2. That substantial amount of inflammable substance or materials were
stored within the building not necessary in the course of the defendant's
business; and
3. That the fire started simultaneously in more than one part of the
building or locale under circumstances that cannot normally be due to
accidental or unintentional causes:
Provided, however, that at least one of the following is present in any of
the three above-mentioned circumstances:
(a) That the total insurance carried on the building and/or goods is more
than 80 per cent of the value of such building and/or goods at the time of
the fire;
(b) That the defendant after the fire has presented a fraudulent claim for
loss.
prision correccional • who plants the articles above- mentioned, in order to secure
a conviction, or as a means of extortion or coercion.
PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON
Section 1. Arson. Prision Mayor. • Any person who burns or sets fire to the property of
another
• when a person sets fire to his own property under
circumstances which expose to danger the life or
property of another.
Section 2. Destructive Reclusion Temporal in 1. Any ammunition factory and other establishment where
Arson. its maximum period to explosives, inflammable or combustible materials are stored.
Reclusion Perpetua 2. Any archive, museum, whether public or private, or any edifice
devoted to culture, education or social services.
3. Any church or place of worship or other building where people
usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or
conveyance for transportation of persons or property
5. Any building where evidence is kept for use in any legislative,
judicial, administrative or other official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing tenement,
shopping center, public or private market, theater or movie house
or any similar place or building.
7. Any building, whether used as a dwelling or not, situated in a
populated or congested area.
Section 3. Other Cases of Reclusion Temporal to 1. Any building used as offices of the government or any of its
Arson. Reclusion Perpetua agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft,
platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field,
orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.
Section 4. Special maximum period; 1. If committed with intent to gain;
Aggravating Circumstances 2. If committed for the benefit of another;
in Arson. 3. If the offender is motivated by spite or hatred towards the owner
or occupant of the property burned;
4. If committed by a syndicate.
Section 5. Where Death Reclusion Perpetua to • If by reason of or on the occasion of the arson death results
Results from Arson. death
Section 6. Prima Facie 1. If the fire started simultaneously in more than one part of the
evidence of Arson. building or establishment.
2. If substantial amount of flammable substances or materials are
stored within the building not necessary in the business of the
offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith or containers
thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises of the burned building or
property.
4. If the building or property is insured for substantially more than
its actual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy
more than two fires have occurred in the same or other premises
owned or under the control of the offender and/or insured.
6. If shortly before the fire, a substantial portion of the effects
insured and stored in a building or property had been withdrawn
from the premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender or for
the safety of the person or property of the victim.
Section 7. Conspiracy to Prision Mayor in its
commit Arson. minimum period.
PRESIDENTIAL DECREE No. 1744
Amending Article 320 of the RPC
Section 1. Article 320 of of reclusion temporal in 1. One (1) or more buildings or edifices, consequent to one single act
the Revised Penal Code its maximum period to of burning, or as result of simultaneous burnings, or committed on
death several or different occasions;
2. Any building of public or private ownership, devoted to the use of
the public in general, or where people usually gather or congregated
for a definite purpose such as but not limited to official governmental
function or business, private transaction, commerce, trade, worship,
meetings and conferences, or merely incidental to a definite purpose
such as but not limited to hotels, motels, transient dwellings, public
conveyance or stops or terminals, regardless of whether the offender
had knowledge that there are persons in said building or edifice at
the time it is set on fire, and regardless also of whether the building is
actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane,
devoted to transportation or convenience, or public use,
entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of public
utilities.
5. Any building, the burning of which is for the purpose of concealing
or destroying evidence of another violation of law, or for the purpose
of concealing bankruptcy or defrauding creditors or to
collect from insurance.
death • when the arson is perpetrated or committed by two (2) or
more persons or by a group of persons, regardless of whether
their purpose is merely to burn or destroy the building or the
edifice, or the burning merely constitutes an overt act in the
commission or another violation of law.
• If as a consequence of the commission of any of the acts
penalized under this Article, death or injury results, or any
valuable documents, equipment, machineries, apparatus, or
other valuable properties were burned or destroyed,
reclusion temporal in its who shall burn:
maximum period to
death (a) Any arsenal, shipyard, storehouse or military powder or fireworks
factory, ordinance storehouse, archives or general museum of the
government.
(b) In an inhabited place, any storehouse or factory of inflammable or
explosive materials.