Presidential Decree No. 1613 & Presidential Decree No. 1744

Presidential Decree No.
1613
&
Presidential Decree No. 1744
ARSON
● It is the intentional or malicious destruction of
property by fire
● Intent must be proved, otherwise, no crime exist
● Fire caused by accident or negligence does not
constitute arson
● Prision Mayor
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:
Establishment or
factory where any
explosives or
inflammable materials
are restored
Public or Private
places
Worship places
or building that
usually people
assemble
Conveyance for transportation of persons or property
● Train
● Airplane or
Aircraft
● Vessel or
Watercraft
Any building where evidence is
kept for use in any legislative,
judicial, administrative or
other official proceedings.
Building that individual could stay or live
● Hospital
● Hotel
Dormitory
● Lodging house
● Housing treatment
Places where people go

● Shopping center
● Public or private market
● Theater or movie house
Or any similar place or building
Any building, whether
used as a dwelling or
not, situated in a
populated or congested
area.
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 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.
►5.Any rice mill, sugar mill, cane mill or mill
central; and
PD 1613 Section 4. Special Aggravating Circumstances in Arson:
● The penalty in any case of arson shall be imposed in its maximum period. If
committed with intent to gain, it may also be committed for the benefit of
another and if the offender is motivated by spite or hatred towards the owner or
occupant of the property burned.
PD 1613 Section 5. 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.
P.D 1613 SECTION 6. Prima Facie 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 note 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 commit Arson.
Conspiracy to commit arson shall be punished by Prision

Mayor in its minimum period.
Section 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.
The provisions of Articles 320
to 326-B of the Revised Penal
Code and all laws, executive Section 9.
orders, rules and regulations, or REPEALING
parts thereof, inconsistent with CLAUSE
the provisions of this Decree
are hereby repealed or amended
accordingly.
This Decree shall take effect
immediately upon publication
thereof at least once in a
Section 10.
newspaper of general circulation. EFFECTIVITY
Presidential Decree No. 1744
AMENDING ARTICLE THREE HUNDRED AND TWENTY OF THE REVISED PENAL CODE PROVISIONS
ON ARSON
WHEREAS, there have been rampant and wanton burnings of
Residential Houses Public Places Hotel
To prevent destruction of properties and protect the lives of innocent people

Section 1. Article 320 of the Revised Penal Code shall read as follows:
"Article 320 Destructive Arson. The penalty of reclusion temporal in its maximum period to death shall be imposed
upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single act of burning, or as result of simultaneous
burnings, or committed on 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 penalty will be applied when the arson is very harmful or committed by two or more
person or by group.
And when there purpose is only burn or destroy the building and if they have intent to kill.
Reclusion Temporal- detained 12 years and one day to 20 years.
The Reclusion temporal in its maximum period to death will be apply on any person
who shall burn:
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
But when this circumstances happened:

death or injury results, or any valuable documents, equipment, machineries, apparatus, or other
valuable properties were burned or destroyed, Death penalty shall be applied.
Section 2. Provisions of Articles 320, 321 and 322 of the Revised Penal Code which are or
may be inconsistent herewith are hereby repealed.
Section 3. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of November, in the year of Our Lord, nineteen
hundred and eighty.

Presidential Decree No. 1613 & Presidential Decree No. 1744

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Presidential Decree No. 1613 & Presidential Decree No. 1744

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Presidential Decree No.

Places where people go

The penalty of Reclusion Temporal to Reclusion

PD 1613 Section 5. Where Death Results from Arson:

3.If gasoline, kerosene, petroleum or

5. If during the lifetime of the corresponding

6. . If shortly before the fire, a substantial

Conspiracy to commit arson shall be punished by Prision

The building which is the object of arson including the

WHEREAS, there have been rampant and wanton burnings of

Residential Houses Public Places Hotel

To prevent destruction of properties and protect the lives of innocent people

Reclusion Temporal- detained 12 years and one day to 20 years.

a) Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance

But when this circumstances happened:

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