LAW ON ARSON

P.D. No. 1613 – THE LAW ON ARSON

Presidential Decree (P.D.) No. 1613, enacted in 1979, revises the provisions of the Revised Penal Code on arson, aiming to address gaps and provide a comprehensive framework to punish and deter acts of arson. Below is a detailed discussion of the law, including its classifications, penalties, and jurisprudence.

I. CLASSIFICATION OF ARSON

Under P.D. No. 1613, arson is divided into two general categories:

Simple Arson
Destructive Arson

A. SIMPLE ARSON (Sec. 3)

Simple arson involves the malicious burning of property without aggravating circumstances that elevate it to destructive arson. Examples include:

Burning of residential houses.
Burning of public buildings (if not considered destructive arson).
Burning of vehicles, crops, or other personal property.

B. DESTRUCTIVE ARSON (Sec. 2)

Destructive arson is a more severe form and involves burning property that causes extensive damage or threatens public safety. Examples include:

Burning of inhabited or occupied structures.
Burning of buildings intended for public use (e.g., government offices, schools, hospitals, or markets).
Burning of property that endangers life (e.g., oil depots, factories, power plants).
Burning of industrial establishments or facilities that affect national interest.

II. ELEMENTS OF ARSON

To establish arson under P.D. No. 1613, the prosecution must prove the following:

The accused burned the property.
The burning was done maliciously or deliberately.
The property involved belongs to another, or if it belongs to the offender, it caused prejudice to another.

Key Considerations:

Intent: Arson requires malicious intent or deliberate action. Accidental fires are not penalized unless negligence is proven.
Ownership: Ownership of the property is immaterial in destructive arson if the burning endangers others.
Proximity: The act of burning must be directly attributable to the accused.

III. AGGRAVATING CIRCUMSTANCES (Sec. 4)

Certain circumstances elevate the offense of arson, increasing penalties:

If death results from the arson.
If the offender employs explosives.
If the arson is intended to conceal a crime.
If the arson is committed in times of calamity or disaster.
If the offender is motivated by profit or gain.
If the property burned is considered of historical, cultural, or national importance.

IV. PENALTIES UNDER P.D. No. 1613

The penalties vary depending on the type and gravity of the offense:

Reclusion perpetua to death for destructive arson involving loss of life or extreme circumstances.
Reclusion perpetua for destructive arson involving public safety or critical infrastructure.
Reclusion temporal for simple arson.
Prision mayor for attempted arson, if the attempt does not cause serious damage.

Attempted and Frustrated Arson

Attempted arson occurs when the offender commences an act but does not complete it.
Frustrated arson is less common, as the nature of fire often ensures consummation once it begins.

V. SPECIAL CONSIDERATIONS

A. Arson as a Complex Crime

If arson is committed alongside other crimes (e.g., murder or robbery), it may be classified as a complex crime under Article 48 of the Revised Penal Code. The penalty for the graver offense is imposed.

B. Arson and Insurance Fraud

Burning one's property to collect insurance proceeds constitutes arson and may be prosecuted as estafa or arson with an aggravating circumstance.

C. Reckless Imprudence Resulting in Arson

Negligent acts that result in fire and cause damage may be penalized as reckless imprudence under Article 365 of the Revised Penal Code.

VI. EXEMPTIONS AND DEFENSES

Exemptions:

Burning of property by its owner, provided it does not prejudice third parties.
Acts of burning during lawful military operations (e.g., destruction of enemy assets).

Defenses:

Lack of intent or malice.
Accidental fire (without gross negligence).
Alibi or mistaken identity.

VII. JURISPRUDENCE ON ARSON

Key rulings interpreting P.D. No. 1613 include:

People v. Valeroso - Clarified the elements of destructive arson.
People v. Gonzales - Established that ownership is irrelevant if the burning endangers public safety.
People v. De la Cruz - Distinguished simple arson from frustrated arson.
People v. Miraflor - Ruled that mere suspicion or circumstantial evidence is insufficient to convict for arson.

VIII. RELATIONSHIP WITH OTHER LAWS

Anti-Terrorism Act of 2020 (R.A. No. 11479): Arson can constitute terrorism if intended to intimidate the public or destabilize the government.
Environmental Laws: Arson involving forests or natural resources may be penalized under forestry laws.
Local Government Code (R.A. No. 7160): Local ordinances may impose additional penalties or restrictions on burning.

IX. PREVENTION AND RESPONSE

The Bureau of Fire Protection (BFP) plays a central role in preventing arson and investigating fire-related incidents. Public awareness campaigns and strict enforcement of building codes are critical measures.

CONCLUSION

P.D. No. 1613 provides a robust legal framework to address arson, balancing deterrence with appropriate penalties. Practitioners should be mindful of its nuances, including the distinction between simple and destructive arson, and the interplay with related laws.