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Presidential Decrees

Amending The Law On Arson

Presidential Decree No. 1613

MALACAÑANG
M a n i l a

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 perpetrated by criminal syndicates, some of which have foreign connections;

WHEREAS, the current law on arson suffers 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:

Section 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...

Summary of Presidential Decree No. 1613 on Arson:

Definitions and Coverage:
- Defines arson as burning or setting fire to the property of another. (Section 1)
- Covers setting fire to one's own property if it endangers life or property of another. (Section 1)

Penalties for Arson:
- Prision Mayor for basic arson. (Section 1)
- Reclusion Temporal maximum period to Reclusion Perpetua for destructive arson involving certain properties like ammunition factories, archives, places of worship, transportation vehicles, evidence storage buildings, hospitals, hotels, populated areas, etc. (Section 2)
- Reclusion Temporal to Reclusion Perpetua for arson involving government offices, inhabited houses, industrial establishments, plantations, mills, railway stations, etc. (Section 3)

Aggravating Circumstances and Increased Penalties:
- Maximum penalty if committed with intent to gain, for benefit of another, out of spite or hatred, or by a syndicate (group of 3 or more persons). (Section 4)
- Reclusion Perpetua to death penalty if death results from arson. (Section 5)

Prima Facie Evidence of Arson:
- Fire starting simultaneously in multiple parts of the building. (Section 6.1)
- Substantial amount of flammable substances stored unnecessarily. (Section 6.2)
- Presence of gasoline, kerosene, flammable materials, fire-starting devices, or ashes in the ruins. (Section 6.3)
- Property insured for substantially more than its value. (Section 6.4)
- More than two fires in the same or other premises owned or controlled by the offender/insured. (Section 6.5)
- Withdrawal of substantial insured effects shortly before the fire. (Section 6.6)
- Demand for money or valuable consideration made before the fire. (Section 6.7)

Other Provisions:
- Conspiracy to commit arson punishable by Prision Mayor minimum period. (Section 7)
- Confiscation of the building and land which is the object of arson, unless the owner proves no participation or knowledge despite due diligence. (Section 8)
- Repeals inconsistent provisions of the Revised Penal Code and other laws. (Section 9)
- Effective immediately upon publication in a newspaper of general circulation. (Section 10)

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