Art. 320. Destructive arson.
1. Arts. 320 to 326-B of this Code were expressly repealed on Mar. 7, 1979 by Sec. 9, P.D. 1631 which is now the basic law on arson. However, Art. 320 was restored by P.D. 1744 issued on Nov. 11, 1980 and was later amended by Sec. 10, R.A. 7659 as now presented here, to constitute the present law on destructive arson.
2. P.D. 1613 is reproduced hereunder with the caveat that, with the changes explained in Note 1 hereof, its provisions on destructive arson (Sec. 2) were effective only from Mar. 7, 1979 to Nov. 10, 1980.
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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 imposed when a person sets fire to his own property under circumstances which expose to danger the life or property of another.
Sec. 2. 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:
1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property.
5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.
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.
7. Any building, whether used as a dwelling or not situated in a populated or congested area.
Sec. 3. 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 industries establishment shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pasture land, 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.
Sec. 4. Special Aggravating Circumstances in Arson. - The penalty in any case of arson shall be imposed in its maximum period;
1. If committed with intent to gain; 2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned; 4. If committed by a syndicate.
The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons.
Sec. 5. Where Death Result From Arson. - If by reason of or on the occasion of arson death results, the penalty of Reclusion Perpetua to death shall be imposed.
Sec. 6. Prima Facie Evidence of Arson. - Any of the following circumstances shall constitute prima facie evidence 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 not necessary in the business of the offender or not for household use.
3. If the gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, 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 by or under the control of the offender and/or insured.
6. If shortly before 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.
Sec. 7. Conspiracy to Commit Arson. - Conspiracy to commit arson shall be punished by Prision Mayor in its minimum period.
Sec. 8. Confiscation of Object of Arson. - The building which is the object of arson including the land of 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 this part.
Sec. 9. Repealing Clause. - The provisions of Article 320 to 326-B of the Revised Penal Code and all laws, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Decree are hereby repealed or amended accordingly.
Chapter Nine MALICIOUS MISCHIEF
Art. 327. Who are liable for malicious mischief. Art. 328. Special cases of malicious mischief.
Art.330. Damage and obstruction to means of communication.
Art. 331. Destroying or damaging statues, public monuments or paintings.
1. Malicious mischief is destruction out of hate, revenge or other evil motive, for the specific purpose of destroying property. Hence, it cannot be committed thru reckless imprudence (Quizon vs. Justice of the Peace, etc., 97 Phil. 342) or thru violence in the course of a fight (People vs. Collantes, CA-G.R. No. 12086-R, Feb. 24, 1955). Also, the damages must not have been caused by arson or other destructive means as provided in the preceding Chapter Eight.
2. If property was maliciously damaged then appropriated by the offender, the crime would be theft under Art. 308(2), the malicious act being absorbed therein. Where the pigs of another were killed by the accused to avoid damage to his crops, he incurs only civil liability (People vs. Liddayao, 53 O.G. 8163). But where the cattle of the offender party were killed by the accused out of hate or for revenge, it would be malicious mischief (People vs. Valiente, CA-G.R. No. 9442-R, Dec. 29, 1953).
3. Art. 328 provides the special cases of malicious mischief, sometimes called qualified malicious mischief because of the graver nature of the consequences arising therefrom.
Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY