LAW OF ARSON (RPC)

PD No. 1613

Amends arson provisions in PH.

Reclusion Temporal → Reclusion Perpetua –

Penalty when government offices, inhabited houses, industrial establishments, plantations, mills, or transport terminals burned.

Arson

Burning property causing death, even if death not intended.

Murder (Art. 248 RPC)

Arson used to kill qualifies as murder.

Reclusion Temporal

Burning another’s property or own property endangering others.

Reclusion Perpetua

Burning ammunition factories, cultural buildings, worship places, hospitals, hotels, markets, buildings in populated areas.

Right to Own Counsel

Not a constitutional right under custodial investigation; State provides if suspect cannot afford one.

Arson

Malicious, voluntary burning of another’s or own property.

Fire Investigation

Determine origin, cause, development of fire/explosion.

Burning

Changing physical state or identity of material (e.g., wood fibers).

Willfulness

Purposeful & intentional act.

Motive

Moving cause that induces the commission of the crime of arson

Object Evidence

Materials soaked in inflammables or fire-starting devices.

Aggravating Circumstances

Intent to gain, spite, or hatred.

Syndicate

Crime by ≥3 persons.

Corpus Delicti

Crime proven by burning + criminal group participation.

Criminal Design

Evidence of planned fire (incendiary devices, flammables).

Evidence of Intent

Removed valuables, ill-feeling, no effort to extinguish.

Origin of Fire

Place where fire started; determined via patterns.

Concealment

Arson to hide another crime.

Pyromania

Impulse to burn without motive.

On-Scene Format / Spot Investigation Report

Initial fire scene report.

Progress Investigation Report

7–15 days follow-up report.

Final Investigation Report

Closes case before Fire Clearance.

Municipal Fire Marshal

≤₱20M

City Fire Marshal

≤₱30M

District Fire Marshal

₱30–40M

Regional Director

₱40–60M

Chief, BFP

>₱60M

Fire Clearance

Issued for insurance claim after investigation.

General Alarm

Chief, BFP takes command.

Reclusion Perpetua → Death

Multiple buildings burned.

Reclusion Temporal

Inhabited house burned without knowledge, or transport property damage >₱6,000.

Sec. 54 RA 6975

BFP authorized to investigate & file cases.

Criminal Jurisdiction

State power to punish violators.

Complaint

Sworn statement charging an offense.

Information

Prosecutor’s written accusation.

Cause of Accusation

Inform accused of charge to allow defense.

Preliminary Investigation Req.

Minimum threshold for filing case: 4y 2m 1d.

Probable Cause

Facts making crime & accused responsibility reasonable.

Arrest

Taking person into custody.

Warrant of Arrest

Judge-issued written order.

Warrantless Arrest

In flagrante delicto, hot pursuit, escapee.

Bail

Security for temporary release.

Rights of the Accused

Presumption of innocence, counsel, confront witnesses, fair trial.

Arraignment

Formal reading of charges.

Plea of Guilty

Voluntary, unconditional admission of guilt.

Motion to Quash

Challenge complaint/information defects.

Plea Bargaining

Admit lesser offense for lighter penalty.

Trial

Judicial examination of evidence.

Judgment

Court decision & penalty.

Appeal

Case review by higher court.

Search Warrant

Judge-authorized search/seizure.

General Warrant

Invalid if lacks specifics.

Preliminary Investigation

Determines sufficiency of grounds for trial.

Malice

Denotes hatred/desire for revenge

Intent

Purpose or design with which the act is done and involves the will

Article 320 – 326 of the Revised Penal Code

defines arson, its forms and penalties

RA 7659

An Act to Impose Death Penalty on Certain Heinous Crimes, amending for that purpose the Revised Penal Code as amended, other special laws, and for other purposes 

RA 6975 Sec. 54 

provides that the Fire Bureau shall have the power to investigate all causes of fires and if necessary, file the proper complaint with the City/Provincial Prosecutor who has jurisdiction over the case 

Accidental Fire

A fire where the proven cause does not involve a deliberate human act to ignite or spread it.

Natural Fire

A fire caused without any human intervention (e.g., lightning, earthquake, or wind).

Incendiary Fire

A fire deliberately set by a person who knows that the fire should not be set (associated with arson).

Undetermined Fire

Classification used whenever the cause of the fire cannot be proven with certainty.

Organic Fuels

Fuels that contain Carbon (e.g., wood, plastic, alcohol, gasoline)

Inorganic Fuels

Fuels that do not contain Carbon (e.g., combustible metals like Magnesium, Sodium, Potassium).

Spontaneous Ignition

Combustion caused by internal chemical/biological reactions (e.g., oily rags)