PRESIDENTIAL DECREE NO. 1613
AMENDING
THE LAW ON ARSON
WHEREAS,
findings of the police and intelligence agencies of the government reveal that
fires and other crimes involving destruction in Metro Manila and other urban
centers in the country are being perpetuated by criminal syndicates, some of
which have foreign connections;
WHEREAS, the
current law on arson suffer from certain inadequacies that impede the
successful enforcement and prosecution of arsonists;
WHEREAS, it is
imperative that the high incidence of fires and other crimes involving
destruction be prevented to protect the national economy and preserve the
social economic and political stability of the country;
NOW,
THEREFORE, I,
FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution do hereby order and decree as part of the law
of the land, the following:
Sec. 1.
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.
Sec. 2.
Destructive Arson. — The penalty of Reclusion temporal in its maximum period to
Reclusion perpetua shall be imposed if the property burned is any of the
following:
1. Any
ammunition factory and other establishment where explosives, inflammable or
combustible materials are stored.
2. Any
archive, museum, whether public or private or any edifice devoted to culture,
education or social services.
3. Any
church or place or 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 dwelling or not, situated in a populated or congested
area.
Sec. 3.
Other Cases of Arson. — The penalty of Reclusion temporal to Reclusion perpetua
shall be imposed if the property burned is any of the following:
1. Any
building used as offices of the government or any of its agencies;
2. Any
uninhabited house or dwelling;
3. Any
industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any
plantation, farm, pastureland, growing crop, grain filed, orchard, bamboo grove
or forest;
5. Any
rice mill, cane mill or mill central; and
6. Any
railway or bus station, airport, wharf or warehouse.
Sec. 4.
Special Aggravating Circumstances in Arson. — The penalty in any case of arson
shall be imposed in its maximum period:
1. If
committed with intent to gain;
2. If
committed for the benefit of another;
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.
The
offense is committed by a syndicate if it is planned or carried out by a group
of three (3) or more persons.
Sec. 5.
Where Death Results From Arson. — If by reason of or on the occasion of arson
death results, the penalty of Reclusion perpetua to death shall be imposed.
Sec. 6.
Prima Facie Evidence of Arson. — Any of the following circumstances shall
constitute prima facie evidence of arson:
1. If
the fire started simultaneously in more than one part of the 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 use.
3.
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 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 other person
or property of the victim.
Sec. 7.
Conspiracy to Commit Arson. — Conspiracy to commit arson shall be punished by
prision mayor in its minimum period.
Sec. 8.
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.
Sec. 9.
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.
Sec.
10. Effectivity. — This Decree shall take effect immediately upon publication
thereof at least once in a newspaper of general circulation.
Done in
the City of Manila this 7th day of March nineteen hundred and seventy nine.
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