ARSON

What is
ARSON
• It is the intentional or malicious destruction of property by
fire.

• ARSON is, the criminal act of deliberately setting fire to

property

• ARSON Any person who burns or sets fire to the property

of another shall be punished by Prision Mayor. The same
penalty shall be imposed when a person sets fire to his
own property under circumstances which expose to
danger the life or property of another
What Constitute Arson
• Burning - there must be burning or changing, i.e., the
fiber of the wood must be destroyed or decomposed, its
identity or physical state changed.

• Wilfulness - the act was done purposely and with

intention.

• Motive-the moving cause that causes that induces the

commission of the crime.

• Malice - it denotes hatred or a desire for revenge.

• Intent - the purpose or design with which the which the

act is done and involve the will to do the act.
THE LEGAL ASPECT'S OF
ARSON/FIRE INVESTIGATIONS
• It is the concern of the fire investigator to prove
malicious intent of the offender. Intent must be proved,
otherwise no crime exist.

• The law presumes that a fire is accidental, hence

criminal designs must be shown.

• Fire caused by accident or criminal design must be

shown.

• Fire caused by accident or negligence does not

constitute arson
BASIC OF LINES OF INQUIRY
• If committed with intent to gain;

• If committed with the benefit of another;

• If the offender is motivated by spite or

hatred towards the owner or occupant of
the property burned;

• If committed by a syndicate (three or more

persons).
WHAT ARE THE COMMON
MOTIVES OF ARSONIST?
• Economic Gain

• Profit by the Perpetrator other than the

Insured Person

• Concealment of Crime

• Pyromania
INDICATION OF COLOR OF SMOKE AND
FIRE
COLOR OF SMOKE MATERIAL / SUBSTANCE

Black smoke with deep red flame Petroleum products such as Tar, Rubber,
Plastics, ETC.
Heavy brown with bright red flame Nitrogen Products

White Smoke with bright flame Magnesium Products

Black smoke with red and blue green flame Asphalt

Purple violet flame Potassium Products

Greenish-yellow flame Chloride or Manganese Products

Bright reddish-yellow flame Calcuim Products

SPECIAL AGGRAVATING
CIRCUMSTANCES IN ARSON
• If committed with intent to gain;
• If committed with the benefit of another;
• If the offender is motivated by spite or
hatred towards the owner or occupant of
the property burned;
• If committed by a syndicate (three or more
persons).
Where Death Results from Arson

• If by reason of or on the occasion

of the arson death results, the
penalty of Reclusion Perpetua to
death shall be imposed.
Destructive
arson
Article 320 Destructive
arson
The penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed upon
any person who shall burn:

1. Any arsenal, shipyard, storehouse or military

powder or fireworks factory, ordinance, storehouse,
archives or general museum of the Government.

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
Article 321 Other forms of arson
- When the arson consists in the burning of other property and under the circumstances
given hereunder, the offender shall be punishable:

1. By reclusion temporal or reclusion perpetua:

(a) if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port,
knowing it to be occupied at the time by 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.
Other forms of arson
2. By reclusion temporal:

(a) 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 exceeds 6,000 pesos;

(b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not exceed 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.

3. 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;

(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;
Other forms of arson
4. By prision correccional in its maximum period to prision mayor in its medium period:

(a) If a building used as dwelling located in an uninhabited place is set on fire and the damage caused exceeds
1,000 pesos;

(b) If the value or the damage caused in the case mentioned in paragraphs (c) and (d) of subdivision 2 of this
article does not exceed 200 pesos.

5. By prision correccional in its medium period to prision mayor in its minimum period, when the damage caused
is over 200 pesos but does not exceed 1,000 pesos, and the property referred to in paragraph (a) of the preceding
subdivision is set on fire; 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.

6. The penalty of prision correccional in its medium and maximum periods, if the damage caused in the case
mentioned in paragraph (b) of subdivision 3 of this article does not exceed 6,000 pesos but is over 200 pesos.

7. The penalty of prision correccional in its minimum and medium periods, if the damage caused in the case
mentioned paragraph (b) subdivision 3 of this article does not exceed 200 pesos.

8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum if the damage caused
shall be imposed, when the property burned consists of grain fields, pasture lands, forests, or plantations when
the value of such property does not exceed 200 pesos. (As amended by R.A. 5467, approved May 12, 1969).
 Article 322 Cases of arson not
included in the preceding articles
-Cases of arson not included in the next preceding articles shall be
punished:
when the damage caused does not exceed 50 arresto mayor in its medium and maximum
pesos periods (1 month & 1 day to 6 years)
when the damage caused is over 50 pesos but arresto mayor in its maximum period to
does not exceed 200 pesos; prision correccional in its minimum period
(1 month & 1 day to 6 years)

if the damage caused is over 200 pesos but does prision correctional in its minimum and medium
not exceed 1,000 pesos periods ( 6 months & 1 day to 6 years )

if it is over 1,000 pesos. prision correctional in its medium and maximum

periods ( 6 months & 1 day to 6 years )
 Article 323. Arson of
property of small value
- The arson of any uninhabited hut,
storehouse, barn, shed, or any
other property the value of which
does not exceed 25 pesos,
committed at a time or under
circumstances which clearly
exclude all danger of the fire
spreading, shall not be punished by
the penalties respectively
prescribed in this chapter, but in
accordance with the damage
caused and under the provisions of
the following chapter.
 Article 324. Crimes
involving destruction
- Any person who shall cause destruction by
means of explosion, discharge of electric
current, inundation, sinking or stranding of a
vessel, intentional damaging of the engine of
said vessel, taking up the rails from a railway
track, maliciously changing railway signals
for the safety of moving trains, destroying
telegraph wires and telegraph posts, or those
of any other system, and, in general, by
using any other agency or means of
destruction as effective as those above
enumerated, shall be punished by reclusion
temporal if the commission has endangered
the safety of any person, otherwise, the
penalty of prision mayor shall be imposed.
Article 325. Burning one's own
property as means to commit
arson.
- Any person guilty of arson or
causing great destruction of the
property belonging to another
shall suffer the penalties
prescribed in this chapter, even
though he shall have set fire to or
destroyed his own property for
the purposes of committing the
crime.
 Article 326. Setting fire to
property exclusively owned by
the offender
- If the property burned shall be the
exclusive property of the offender, he
shall be punished by arresto mayor in
its maximum period to prision
correccional in its minimum period, if
the arson shall have been committed
for the purpose of defrauding or
causing damage to another, or
prejudice shall actually have been
caused, or if the thing burned shall
have been a building in an inhabited
place.
Article 326-A. In cases where
death resulted as a
consequence of arson
- If death resulted as a
consequence of arson
committed on any of the
properties and under any of
the circumstances mentioned
in the preceding articles, the
court shall impose the death
penalty.
Article 326-B. Prima facie
evidence of arson
- Any of the following
circumstances shall
constitute prima facie
evidence of arson:
Article 326-B. Prima facie
evidence of arson
● 1. If after the fire, are found materials or substances
soaked in gasoline, 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
Article 326-B. Prima facie
evidence of arson
● 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.
Conspiracy to commit Arson
- Conspiracy to commit arson shall be punished
by Prision Mayor in its minimum period.

Confiscation of Object of Arson

- The building which is the object of arson including
the land on which it is situated shall be confiscated
and escheated to the State, unless the owner thereof
can prove that he has no participation in nor
knowledge of such arson despite the exercise of due
diligence on his part.
Repealing Clause
- The provisions of Articles 320 to 326-B of the
Revised Penal Code and all laws, executive orders,
rules and regulations, or parts thereof, inconsistent
with the provisions of this Decree are hereby
repealed or amended accordingly.

Effectivity
- This Decree shall take effect immediately upon
publication thereof at least once in a newspaper of
general circulation.
MALICIOUS
MISCHIEF
Article 327. Who are liable for
malicious mischief
- Any person who shall deliberately cause
the property of another any damage not
falling within the terms of the next preceding
chapter shall be guilty of malicious mischief.
Article 328. Special cases of
malicious mischief
- Any person who shall cause damage to obstruct the
performance of public functions, or using any
poisonous or corrosive substance; or spreading any
infection or contagion among cattle; or who cause
damage to the property of the National Museum or
National Library, or to any archive or registry,
waterworks, road, promenade, or any other thing
used in common by the public, shall be punished:
Article 328. Special cases of
malicious mischief
if the value of the damage prision corretcional in its
caused exceeds 1,000 pesos; minimum and medium periods
( 6 months & 1 day to 6
years )
if such value does not exceed arresto mayor
the abovementioned amount ( 1 month & 1 day to 6 years)
but it is over 200 pesos;
in such value does not exceed arresto mayor
200 pesos. ( 1 month & 1 day to 6 years)
Article 329. Other mischiefs
The mischiefs not included in the next preceding
article shall be punished:
if the value of the damage arresto mayor in its medium
caused exceeds 1,000 and maximum periods ( 1
pesos; day to 30 days )
if such value is over 200 arresto mayor in its
pesos but does not exceed minimum and medium
1,000 pesos; periods ( 1 day to 30 days )

if the amount involved does not arresto menor or fine of not less
exceed 200 pesos or cannot be than the value of the damage caused
estimated. and not more than 200 pesos ( 1 day
to 30 days)
Article 330. Damage and obstruction
to means of communication
- The penalty of prision correccional in its medium and
maximum periods shall be imposed upon any person who
shall damage any railway, telegraph or telephone lines.

-If the damage shall result in any derailment of cars, collision

or other accident, the penalty of prision mayor shall be
imposed, without prejudice to the criminal liability of the
offender for the other consequences of his criminal act.
-For the purpose of the provisions of the article, the electric
wires, traction cables, signal system and other things
pertaining to railways, shall be deemed to constitute an
integral part of a railway system.
Article 331. Destroying or damaging
statues, public monuments or
paintings
- Any person who shall destroy or damage statues or
any other useful or ornamental public monument
shall suffer the penalty of arresto mayor in its
medium period to prision correccional in its minimum
period.
-Any person who shall destroy or damage any useful
or ornamental painting of a public nature shall suffer
the penalty of arresto menor or a fine not exceeding
200 pesos, or both such fine and imprisonment, in the
discretion of the court.
THANK YOU!