ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONP.D. 1613 AMENDING THE LAW ON ARSON

P.D. 1613 Sec. 1 ARSON

P.D. 1613 Sec. 2 DESTRUCTIVE ARSON

ART. 320 DESTRUCTIVE ARSON (RPC)

P.D. 1613. Sec. 3 OTHER CASES OF ARSON

P.D. 1613 Sec. 4 SPECIAL AGGRAVATING CIRCUMSTANCE ON ARSON

ART. 321. OTHER FORMS OF ARSON

ART. 322. CASES OF ARSON NOT INCLUDED IN THE PRECEDING ARTICLES

ART. 323. ARSON OF PROPERTY OF SMALL VALUE

ART. 324. CRIMES INVOLVING DESTRUCTION

ART. 325. BURNING ONES OWN PROPERTY AS A MEANS TO COMMIT ARSON

ART. 326. SETTING FIRE TO PROPERTY EXCLUSIVELY OWNED BY THE OFFENDER

ART. 326-A. IN CASES WHERE DEATH RESULTED AS A CONSEQUENCE OF ARSON

ART. 326-B. PRIMA FACIE EVIDENCE OF ARSON

P.D. 1613. PRIMA FACIE EVIDENCE OF ARSON

- conpiracy to commit arson is punished

1. a.any person b. burns or sets fire c. property of another

1. Any ammunition factory and o t h e r e s t a b l i s h m e n t w h e r e e x p l o s i v e s , i n f l a m m a b l e o r combustible materials are stored.

1. 1 or more bdgs. or edifices, consequent to 1 single act of burning, OR as a result of simultaneous burnings, OR committed on several or different occasions

1. Any building used as offices of the government or any of its agencies; (OG)

1. with intent to gain 2. for the benefit of others 3. offender - motivated by spite or hatred towards the owner or occupant of the prop. burned 4. committed by syndicate - planned or carried out by 3 or more persons

*when arson consists in the burning of property and under the circumstances: 1. a. set fire to any bldg, farmhouse, warehouse, hut, shelter, or vessel in port, KNOWING IT TO BE OCCUPIED at the time by 1 or more persons; b. bldg burned is a public bldg and the value of the damage exceeds 6,000p; c. bldg burned - public bldg and the purpose: destroy evidence kept therein to be used in the prosecution for the punishment of violators of the law, irrespective of the amount of the damage d. bldg burned - public bldg and purpose: destroy evidence used in any Legislative, Judicial, or Administrative Proceedings, irrespective of the amount of damage

1. damage caused does not exceed 50p

1. arson of any Uninhabited Hut, Storehouse, Barn, Shed or any other property the value of which does not exceed 25p 2. committed at a time or under circumstances which clearly exclude all danger of the fire spreading 3. NOT be punished by penalties respectively prescribed in this chapter, but in accordance with the damage caused and under the provisions of the following chapter

1. any person 2. cause destruction by means of: - explosion, discharge of electric current, inundation, sinking or stranding of a 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 other system, and in general by using any other agency or means of destruction as effective as those above-enumerated 3. whether commission has endangered the safety of any person or not

1. any person guilty of arson or causing great destruction of property belonging to another 2. he set fire to or destroyed his own property for the purpose of committing the crime

1. any person who sets fire to his property 2. for the purpose of defrauding or causing damage to another, or 3. prejudice shall actually have been caused, 4. or if the thing burned shall have been a building in an inhabited place

1. arson committed on any of the properties and any of the circumstances mentioned in the preceding articles 2. death resulted as consequence thereof

Any of the following circumstance shall constitute prima facie evidence of arson: 1. if after the fire, materials or substances soaked in gasoline, kerosene, petroleum, or other inflammables, or any mechanical, electrical chemical or traces or any of the foregoing are found

1. If the fire started simultaneously in more than one part of the building or establishment.

2. a.any person b. burns or sets fire c. own property d. under circumstances which expose to danger the life or property of another

2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services.

2. any bldg of PUBLIC or PRIVATE ownership DEVOTED TO THE PUBLIC in general or where PEOPLE USUALLY GATHER OR CONGREGATE for a definite purpose such as, but not limited to, GOVT FUNCTION OR BUSINESS, trade workshop, 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 bldg or edifice and regardless also of whether the bldg is actually inhabited or not

2. Any inhabited house or dwelling; (IHD)

2.a. i. uninhabited house or any other bldg in which people are accustomed to meet is set on fire and culprit did not know that such house or bldg was occupied at the time, or a.ii. set fire to a moving freight train or motor vehicle, and the value of the damage cause exceeds 6,000p b. value of damage caused in par. b of preceding subd. does not exceed 6,000p c. Farm, Sugar Mill, Cane Mill, Mill Central, Bamboo Groves or any similar plantation is set on fire and the damage caused exceeds 6,000p d. Grain Fields, Pasture Lands, or Forests, or Plantations are set on fire and damage exceeds 6,000p

2. damage caused is over 50p but does not exceed 200

2. the substantial amount of inflammable substance or materials were stored within the building not necessary in the course of the defendant's business; and

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. Any church or place of worship or other bui ld ing where people usually assemble.

3. any Train or Locomotive, Ship or Vessel, Airship or Airplane, (TL, SV, AA) devoted TO TRANSPORTATION OR CONVEYANCE, or for PUBLIC (UEL) Use, Entertainment, or Leisure

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel; (IE, S, OW, MS, P, T)

3. a. value of the damage caused in the cases mentioned in pars. (a), (c), and (d) in the next preceding subd. does not exceed 6,000p b. bldg NOT used as a dwelling or place of assembly, but located in a populated area, is set on fire and damage = exceeds 6,000p

3. damage caused is over 200p but does not exceed 1,000p

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. hat the defendant after the fire has presented a fraudulent claim for loss.

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. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property

4. any Bldg, Factory, Warehouse Installation (BFWI) and any appurtenance there to which are devoted to the service of PUBLIC USE

4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;

4.a. if bldg. used as a dwelling located in an uninhabited place is set on fire and damage caused exceeds 1,000p b. if value of damage caused in the case mentioned in pars. (c) and (d) of subd. 2 of this article does not exceed 200p

4. damage caused is over 1,000p

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. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.

5. any bldg the burning of which is for the purpose: Concealing or Destroying evidence of another in violation of law, or for the purpose: (a) concealing bankruptcy or (b) defrauding creditors or to (c) collect from insurance

5. Any rice mill, sugar mill, cane mill or mill central; and

5. damage caused is over 200p but does not exceed 1,000p and the property referred to in par. (a) of the next preceding subd. is set on fire; BUT when the value of such property does not exceed 200p

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. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building.

There is also DESTRUCTIVE ARSON: 6. Any railway or bus station, airport, wharf or warehouse.

6. if the damage caused in the case mentioned in par. (b) subd. 3 of this article does not exceed 6,000p but is over 200p

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. Any building, whether used as a dwelling or not, situated in a populated or congested area.

1. arson - committed by 2 or more persons REGARDLESS of whether their purpose is merely to burn or destroy the bldg or the burning merely constitutes an overt act in the commission of another offense

7. damage caused in the case mentioned in par. (b) subd. 3 of this article does not exceed 200p

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.

2. When the person shall burn: a. any Arsenal, Shipyard, Storehouse or Military Powder or Fireworks Factory, Ordinance, Archives or General Museum of the Govt (ASS or MP or FF O A or GM) b. in an INHABITED PLACE, any Storehouse or Factory of Inflammable or Explosive Materials (SF of IEM)

8. property burned consist of grain fields, pasture lands, forests, or plantations when the value of such property does not exceed 200p

* note: P.D. 1744 repealed ART.320 such that: - penalty for nos. 1-5 are: RT max to death (P.D. 1744) while RP to death (RPC). - penalty for 2nd part no. 1: death (PD 1744) while RP to death (RPC) - penalty for 2nd part no. 2: RT max to death (PD 1744) while RP to death (RPC)