Uy l7MISAMIS ORIENTAL INSTITUTE OF SCIENCE AND TECHNOLOGY

Sta. Cruz, Cogon, Balingasag 9005 Misamis Oriental

Tel. No. 333-5054, Cell No. 09652357351; Website: www.moist.edu.ph
COLLEGE OF CRIMINOLOGY

NAME:

SECTION:

COURSE CODE: CDI 6 MODULE NO. 7 – 11

FIRE PROTECTION AND ARSON
COURSE TITLE: TERM: SEMI-FINAL
INVESTIGATION

GENERAL INSTRUCTION:

1. Fully read, review, and take note of the topics in this module.
2. Enhance your understanding by reviewing other resources online or offline.

INTENDED LEARNING OUTCOME

At the end of this module, the student should be able to:

1. Acquire knowledge of the functions of fire protection (fire bureau) in the Philippines
2. Recognize the fireman’s role as a fireman and fire investigator in arson investigation
3. Define and recognize the prima-facie evidence of arson
4. Apply the laws on arson

AGENCY IN CHARGE OF FIRE FIREFIGHTING AND ARSON INVESTIGATION

Firefighting is an activity intended to save lives and property. It is one of the most important emergency
services in a community. Firefighters battle fires that break out in homes, factories, office buildings,
shops, and other places. Firefighters risk their lives to save people and protect property from fires.

The people who work as firefighters also help others who are involved in many kinds of emergencies
besides fires. For example, firefighters rescue people who may be trapped in cars or vehicles after an
accident. They aid victims of such disasters like typhoons, floods, landslides, and earthquakes.

Before the advent of modern firefighting techniques, fires often destroyed whole settlements.
When a fire broke out, all the people in the community rushed to the scene to help. Today, firefighting
organizations in most industrialized nations have well-trained men and women and a variety of modern
firefighting equipment.

The Bureau of Fire Protection (BFP)

Republic Act # 6975, the DILG Act of 1990 (Chapter 4, Section 53-59) created the Bureau of Fire
Protection (BFP) to be responsible for the prevention and suppression of all destructive fires on
buildings, houses, and other structures, forests, land transportation vehicles and equipment, ships or
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vessels docked at piers or major seaports, petroleum industry installation, plane crashes and other
similar incidents, as well as the enforcement of the Fire Code and other related laws. It also has the
major power to enforce the laws on fire and investigate all causes of fires and necessary, file the proper
complaints with the proper authority that has jurisdiction over the case.

Fire Protection is the descriptive term referring to the various methods used by the bureau to
stop, extinguish, and control destructive fires for the eventual prevention of loss of life and property. It
has the following objectives: To prevent destructive fire from starting, to extinguish (stop or put out)
ongoing destructive fire, to confine a destructive fire at the place where it began, to prevent loss of life
and property when the fire starts

Fire Prevention and Suppression refer to the various safety measures utilized to stop harmful or
destructive fires from starting.

The Bureau of Fire Protection is composed of well-trained firefighters. In fighting fires, they bring with
their ladders and pumps. Additional specialist vehicles can provide turntable ladders, hydraulic
platforms, extra water, foam, and specialist appliances for hazardous incidents.

In some countries, such as the United States, fire-fighting units are divided into engine companies
and ladder companies. Engine companies operate trucks called engines, which carry a pump and hoses
for spraying water on a fire. Ladder companies use ladder trucks, which carry ladders of various lengths.
Ladder trucks also have a hydraulically extended ladder or elevating platform to rescue people through
windows or to spray water from a raised position.

Firefighters in the Philippines handle many types of fires. Each type requires a different plan of action to
put it out. For example, the methods used to fight a building fire differ greatly from those used to fight a
forest or grassland fire.

Factors Affecting Fire Protection and Control

Fire protection and control are affected by the accumulation of fire hazards in a building or area.

Fire Hazard is any condition or activity that increases or may cause an increase in the probability that
fire will occur, or which may obstruct, delay, hinder or interfere with firefighting operations and the
safeguarding of life and property

Conditions of Fire Hazards

1. Existence of dangerous or unlawful amounts of combustible or explosives in the building not

designed to store such materials.
2. Defective or improperly installed facilities/ equipment.
3. Lack of adequate exit facilities.
4. Obstruction at fire escapes or other designated openings for firefighters.
5. Dangerous accumulation of rubbish waste and other highly combustible materials.
6. Accumulation of dust in the ventilation system or of grease in the kitchen.
7. Building under repair
8. A Very old building or buildings is primarily made of combustible materials

FIRE FIGHTING OPERATIONS

Firefighting operations refer to fire suppression activities. In general, the following procedures should be
observed:

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 1. PRE-FIRE PLANNING - this activity involves developing and defining a systematic course of
actions that may be performed in order to realize the objectives of fire protection: involves the
process of establishing the SOP in case a fire breaks out.

2. EVALUATION – SIZE – UP (on-the-spot planning or sizing-up the situation) - this is the process
of knowing the emergency situation. It involves mental evaluation by the operation officer-in-
charge to determine the appropriate course of action that provides the highest probability of
success.

3. EVACUATION – This is the activity of transferring people, livestock, and property away from the
burning area to minimize damage or destruction that the fire might incur in case it propagates to
other adjacent buildings.

4. ENTRY – This is the process of accessing the burning structure. Entry may be done in a forcible
manner.

5. RESCUE – This is the operation of removing (extricating), thus saving people and other livestock
from the burning building and other involved properties, conveying them to a secure place

6. EXPOSURE – also called cover exposure, this is the activity of securing other buildings near the
burning structure in order to prevent the fire from extending to another building.

7. CONFINEMENT – This is the activity of restricting the fire at the place (room) where it started: the
process of preventing the fire from extending from another section or from one section to another
section of the involved building.

8. VENTILATION – This is the operation purposely conducted to displace toxic gases. It includes
the process of displacing the heated atmosphere within the involved building with normal air from
the outside atmosphere.

9. SALVAGE – The activity of protecting the properties from preventable damage other than the fire.
The steps are a) remove the material outside the burning area, and b) protect or cover the
materials by using tarpaulins (cotton canvass treated with waterproofing).

10. EXTINGUISHMENT – This is the process of putting out the main body of fire by using the 4
general methods of fire extinguishment.

11. OVERHAUL – This is the complete and detailed check of the structure and all materials therein to
eliminate conditions that may cause re-flash; involves complete extinguishments of sparks or
smoldering (glowing) substances (embers) to prevent possibilities of re-ignition or rekindling.

12. FIRE SCENE INVESTIGATION - This is the final stage of fire suppression activities. It is an
inquiry conducted to know or determine the origin and cause of a fire.

Fire Prevention and Public Safety

As mentioned earlier, Fire Prevention is a term for the many safety measures used to keep
harmful fires from starting. Fires not only cause extensive damage to valuable property but are also
responsible for large numbers of deaths.

What are the three methods of Fire prevention?

Individuals, groups, and communities use three main methods to prevent fires:

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 1. Laws and Regulations – many countries have codes and standards that require certain types of
fire-retardant materials and electric wiring to be used in buildings.
2. Inspection of buildings and other property – fire brigades and other public agencies inspect public
buildings for fire hazards and recommend corrective action. In some communities, homeowners
may agree to have their homes inspected for fire hazards.
3. Public education about fire safety and prevention – education is a vital part of fire prevention
programs because people cause to prevent almost all fires. Fire brigades, community groups,
and schools teach children and adults about fire hazards and work to reduce fires throughout the
community

BASIC FIRE INVESTIGATION

Fire investigation is sometimes referred to as the origin and cause investigation. It is the analysis of
firerelated incidents.

Why Fires should be investigated?

The very reason why fires should be investigated is to determine the cause of the fire and to prevent
similar occurrences. No matter how small, the fire must be investigated to provide authorities with the
information needed to guide fire prevention and educational programs, help fire inspectors on spotting
and eliminating new or previously overlooked hazards, and develop meaningful information for training
fire protection personnel.
The determination of the origin and cause of the fire is arrived at only after a thorough
investigation. Since the basic investigation is a prelude to the discovery of the true cause of the fire, an
understanding of the chemistry of fire and its attendant behavior should be a concern for a successful
investigation.

Who are qualified to investigate fires?

A fire investigator should have the following traits:

1. Possession of knowledge of investigational techniques.
2. He should have an insight into human behavior.
3. He should have firsthand knowledge of the chemistry of fire and its behavior
4. He should be resourceful.

Is Fire Investigation Complex and Unique?

Fire investigation is complex and unique because of the following reasons:

1. Fire destroys evidence
2. If it is Arson, it is planned, motivated, and committed is discreet.
3. Rarely can there be an eyewitness in Arson.

What are the roles of the Firemen in Fire Investigation?

Firemen are usually at the crime scene ahead of the fire investigators. Hence, they are valuable sources
of information. They are the so-called “Eyes and Ears” of the police before, during, and after the fire has
been placed under control. The information taken from them may be categorized as:

1. Information attainable or developed prior to the arrival at the scene

2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.

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 LEGAL ASPECT OF FIRE INVESTIGATION

Arson - the malicious destruction of property by means of fire.

- It is a crime against a person or property.

An arson investigation is a process of finding the cause of the fire and the extent of damage thereto for
the purpose of determining if the perpetrator is guilty or not of the crime of arson. It is conducted to
determine the extent of criminal liability or damages made by the fire setter to establish that anything was
burned by criminal design and by a person criminally responsible.

As mandated by law, the Bureau of Fire Protection (BFP) shall have the power to investigate all causes
of fire and if necessary, file the proper complaint with the City or Provincial Prosecutor who has
jurisdiction over the case. The tasks and responsibility of the fire arson investigators are not only limited
to conducting exhaustive investigations and filing complaints with the prosecutor’s office but also
includes the appearance and giving of testimonies before the court of law during legal proceedings.
It is provided in the rule that it is the prosecution who has the burden of proof, and the quantum of
evidence is proof beyond a reasonable doubt. Once proven, the maximum highest penalty for the
commission of arson is life imprisonment under the present law since the abolition of the death penalty
law.
Arson is a classic heinous crime that requires skillful, scientific, and systematic investigation procedures
thus, the respective chiefs of the investigation and intelligence offices of the BFP are enjoined to closely
supervise the conduct of the investigation in order to attain effective and plausible results.

ELEMENTS OF ARSON
1. Actual burning took place
2. Actual burning is done with malicious intent
3. The actual burning is done by a person(s) legally (officially with authorization) and criminally
(illegal/unlawful) liable.

NOTE: the law prescribes that every fire is presumed to be of an accidental nature. This presumption
must be overcome before an investigator can make an arson case. To establish that anything was
burned by a criminal design; the person criminally liable, the corpus delicti or body of the crime, and the
point of origin must be determined.

What Constitutes Arson?

1. Burning – to constitute burning, pyrolysis must take place. In other words, there must be
burning or charring, i.e., the fiber of the wood must be destroyed, its identity changed.
2. Willfulness – means intentional and implies that the act was done purposely and intentionally.
3. Malice – denotes hatred or a desire for revenge.
4. Motive – is the moving cause that induces the commission of the crime.
5. Intent – is the purpose or design with which the act is done and involves the will.

What constitutes Burning?

➢ The mere fact that a building is scorched or discolored by heat is not sufficient nor will bare intention
or even an attempt to burn a house amount to arson if no part of it is burned.
➢ Yet, if there is an actual ignition of any part of the building, arson is committed, although there be no
flame, or the fire immediately goes out of itself.
➢ To burn means to consume by fire, and in the case of arson if the wood is blackened, but no fibers
are wasted, there is no burning, yet the wood need not be ablaze, and the burning of any part,
however, small is sufficient to constitute the offense, and if the house is charred in a single place so
as to destroy any of the fibers of the wood, it is sufficient to constitute arson.

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Methods of Proof in Arson

✓ Physical evidence in arson is often destroyed. To prove arson was committed, CORPUS DELICTI
must be shown, usually in the form of CIRCUMSTANTIAL EVIDENCE such as the criminal agency,
meaning the substance used, like gasoline, or other combustible materials that caused the fire (It can
also be in the form of electrical wires, mechanical, or electronic contrivance designed to start a fire;
or ashes or traces of such objects which are found in the ruins of the burned premises) and the
IDENTITY OF THE ARSONIST MUST BE ESTABLISHED.

✓ Circumstantial evidence is the proof of facts from which taken collectively, the existence of a
particular fact in dispute may be inferred as a necessary or probable consequence. Circumstantial
evidence is sufficient for conviction if:
- There is more than one circumstance,
- The facts from which the inferences are derived are proved; and
- The combination of all the circumstances is such as to produce a conviction beyond a
reasonable doubt.

✓ Corpus Delicti (body of the crime) is the fact that the crime was committed. The following must be
shown by the following:

1. Burning – that there was a fire that may be shown by direct testimony of complaint, firemen
responding to the crime, and other eyewitnesses. Burned parts of the building may also
indicate location.
2. Criminal Design – must show that it was willfully and intentionally done. The presence of
incendiary devices and flammables such as gasoline and kerosene may indicate that the fire
is not accidental.
3. Evidence of Intent – When valuables were removed from the building before the fire, ill-feeling
between the accused and the occupants of the building burned, absence of effort to put off the
fire, and other indications.
NOTE: Intent must be proved, otherwise, no crime exists. The law presumes that a fire is
accidental, hence criminal designs must be shown. The fire caused by accident or criminal design
must be shown. A fire caused by accident or negligence does not constitute arson.

What are the basic lines of inquiry in Arson Investigation?

The arson investigator must have to inquire about the following a) point of origin of fire b) motives
of arsonist c) prime suspects d) the telltale signs of arson.

1. Point of origin of the fire

Initially, the important point to be established is the point of origin of the fire. In other words, at what
particular place in the building did the fire start? This may be established by an examination of the
witness, by an inspection of the debris at the fire scene, and by studying the fingerprint of the fire. The
fingerprint of fire occurs during the free burning stage of the fire when pyrolytic decomposition moves
upward on the walls leaving a bunting pattern.

Witnesses must be questioned as to:

1. His identity
2. What attracted his attention
3. Time of observation
4. His position in relation to the fire at the time of observation
5. Exact location of the blaze
6. Size and intensity
7. Rapidity of spread
8. Color of flame and odor if he is in a position this
9. Any other person in the vicinity besides the witness
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Note fire setting mechanism
1. matches
2. candles
3. electrical system
4. mechanical means
5. chemical methods

2. Motive of Arsonist

✓ Motive is the moving cause that induces a person to commit a crime.

Is Motive Necessary to be Proven in Criminal Proceedings?

- No. motive is not necessary to be proven in criminal proceedings but once motive is shown, then
intent can easily be established. The development of a motive will often determine the direction
the investigation will take, and it can assist the prosecutor in presenting the case in court by
showing why the defendant was involved in the arson.

✓ In the crime of arson, the distinction between motive and intent is clearly defined. INTENT is a
material element of arson while motive is not. INTENT is the purpose of design with which the act
is done and involves the will while MOTIVE is what induces the criminal.

To understand the motives of an arsonist, the arson investigator has to note the following those fires are
set by:

Persons with Motives

a. Those with the desire to defraud the Insurer
b. Employees or such other person who has a grievance (Fire revenge)
c. Those with the desire to conceal evidence of a crime
d. Those who set fire for purposes of intimidation

People without motives

a. Those who are mentally ill
b. Pathological fire-setters
c. Pyros and the Psychos

Motives of Arsonist

1. Economic Gain
a. Insurance fraud – benefiting. Insurance fraud with the assured directly benefiting:
✓ Desire to move – the premises may no longer be desirable because of the condition of the
building, the fact that the quarters are outgrown, or because of the locality.
✓ Desire to dispose of merchandise – loss of market value is out of season, lack of raw
materials, oversupply of merchandise can be a big reason for arson.
✓ Property Transactions - Existing business transactions that the arsonist would like to avoid
such as impending liquidation, settlement of an estate, need for cash, prospective
business failure, and increased rentals
b. Profit by the Perpetrator other than the Assured like:
✓ insurance agents wishing business with the assured
✓ business competitors planning to drive others
✓ the person seeking a job as personnel protection
✓ salvagers and
✓ contractors wishing to contact another building

2. Concealment of Crime - When the purpose of hiding a crime or committing a crime, arson was
used as means.
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 3. Punitive Measure - Committing arson to inflict injury to another due to hatred, jealousy and
revenge.

4. Intimidation or Economic Disabling - Arsonists as saboteurs, strikers, and racketeers to intimidate

management or employer.

5. Pyromania
A pyromaniac has the uncontrollable impulse to burn anything without any motivation. They do
not run away from the fire scene since they love watching fire burning.

Types of Pyromania

a. Abnormal Youth – epileptics, imbeciles, and morons without knowing the seriousness of the
act.
b. Hero Type – a person set a building on fire and pretends to discover it, turns on the alarm, or
makes some rescue work to appear as a “hero”
c. Drug addicts and alcoholics – persons who subject themselves to intense artificial stimulants
such as narcotics sometimes develop a strong urge toward incendiaries
d. Sexual deviates and perverts – some sex perverts derive sexual stimulation from setting a fire
and watching the flame. Frequently, he is a chronic masturbator who stimulates and enhances
his sexual gratification by means of arson

6. Public Disturbance- an offender may resort to arson as a means of a public disturbance because
a fire attracts people and destruction causes confusion that gives rise to attendant problems that
divert police attention

7. Vandalism- is a general term denoting intentional burning to destroy properties.

3. Prime Suspects (and the Prima Facie Evidence)

The development of prime suspects - this involves identification results from the full development
of leads, clues, and traces, the testimony particularly eyewitnesses, and the development of expert
testimony, The following technique may serve the investigation:

1. Search of the fire scene for physical evidence:

a. Protection of the scene
b. Mechanics of search
c. Collection and preservation of evidence
d. Laboratory aids

2. Background study of policyholders, occupants of premises, owner of the building, or other

person having a major interest in the fire.
3. Interviews and interrogations of persons who discovered the fire, and the one who turned the
first alarm, firemen, and eyewitnesses.
4. Surveillance

4. The Tell-Tale Signs of Arson

These signs may be obvious that the first fireman at the scene will suspects arson:

1. Burned Building – the type of the building may indicate a set fire under certain circumstances.
A fire of considerable size at the time the first apparatus arrives at the scene is suspicious if it
is a modern concrete or semi-concrete building.

2. Separate fires – when two or more separate fire breaks out within a building. The fire is
certainly suspicious.
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3. Color of Smoke – some fire burns with little or no smoke but there is an exception to this. The
observation of the smoke must be made at the start of the fire since once the fire has
assumed a major proportion, the value of the smoke is lost because the smoke will not
indicate the material used by the arsonist

a.) When white smoke appears before the water from the fire hose comes in contact with
the fire, it indicates humid material burning. Example – burning hay, vegetable
materials, phosphorus (with garlic odor).
b.) Biting smoke, irritating the nose and throat, and causing lachrymation and coughing
indicates the presence of chlorine.
c.) Black smoke indicates a lack of air if accompanied by large flames it indicates
petroleum products and rubber.
d.) Reddish-brown smoke indicates nitrocellulose, S1, H2, S04, HN03, or HCI.
e.) Meaning of color of Smoke and Fire:

• Black smoke with deep red flame – petroleum products, tar, rubber, plastics, etc.
• Heavy brown with bright red flame – nitrogen products
• White smoke with bright flame – magnesium products
• Black smoke with red and blue-green flame – asphalt
• Purple-violet flame – potassium products
• Greenish-yellow flame – Chloride or Manganese products
• Bright reddish-yellow flame – Calcium products

4. Color of flame – The color of the flame is a good indication of the intensity of the fire, an
important factor in determining incendiarism.

5. Amount of Heat – A reddish glow indicates heat of 5000 degrees centigrade, a real bright red
about 100 degrees centigrade. Red flames indicate petroleum. The blue flame indicates the
use of alcohol as an accelerant.

6. Smoke Marks – An experience investigation will determine the volume of smoke involved in a
fire and the character of residue deposited on walls or elsewhere. Smoke-in marks have often
been of assistance in determining the possibility of a fire having more than one place of origin.

7. Size of Fire – This is important when correlated with the type of alarm, the time received, and
the time of arrival of the first fire apparatus. Fires make what might be termed normal
progress. Such progress can be estimated after an examination of the material burned in the
building and the normal ventilation offered by the fire. The time element and the degree of
headway by the flames become important factors to determine possible incendiarism.

8. Direction of Travel – While it is admitted that no two fires burn in an identical fashion, it can be
shown that fire makes normal progress through various types of building materials,
combustibility of contents, the channel of ventilation, and circumstances surrounding the
sending of alarm, an experienced investigator can determine whether a fire spread abnormally
fast.

9. Intensity – The degree of heat given off by a fire and the color of its flame oftentimes indicate
that some accelerant has been added to the material normally present in a building and the
investigator must look for further evidence pointing to the use of such accelerant. Difficulty in
extinguishing the fire is often a lead to the suspect presence of such fluid as gasoline and
kerosene.

10. Odor – The odor of gasoline, alcohol, kerosene, and other inflammable liquids which are often
used as accelerants are characteristic and oftentimes arsonists are trapped because of this
telltale sign. Most of the firesetters are inclined to use substances that will make the blaze
certain and at the same time burn up any evidence of their crime.
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 11. Condition of Content – Persons tending to set their house on fire frequently remove objects of
value either materially or sentimentally. Store and other business establishments oftentimes
remove a major portion of their content or replace valuable merchandise without style articles.

LAW ON ARSON

Under the Philippine laws, the crime of arson is punishable under articles 320 – 326b of the Revised
Penal Code (RPC), which took effect on January 1, 1832. However, after forty-seven (47) years,
Presidential Decree No. 1613 was passed which repealed the provision of the RPC.

PRESIDENTIAL DECREE No. 1613 - AMENDING THE LAW ON ARSON

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
that expose to danger the life or property of another.

Section 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 establishments 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.

Section 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 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.

Section 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.

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.

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Section 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 a substantial amount of flammable substances or materials are stored within the building
note necessary in the business of the offender nor for household use.
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 demand for money or other valuable consideration was made before the fire in exchange for
the assistance 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.

Section 9. Repealing Clause. The provisions of Articles 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.

Section 10. Effectivity. This Decree shall take effect immediately upon publication thereof at least once
in a newspaper of general circulation.

Done in the City of Manila, this 7th day of March, in the year of Our Lord, nineteen hundred and
seventynine.

DURATION OF PENALTIES

Reclusion Perpetua. – life imprisonment

Reclusion temporal. - twelve years and one day to twenty years.
Prision mayor and temporary disqualification. - six years and one day to twelve years
Prision correccional, suspension, and destierro. - six months and one day to six years
Arresto mayor. - one month and one day to six months Arresto menor. - one day to thirty days

SUPPLEMENTAL GUIDELINES ON ARSON

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 ✓ If the crime of ARSON was employed by the offender as a means to kill the offended party, the
crime committed is MURDER. The burning of the property as the MEANS to kill the victim is what
is contemplated by the word “fire” under Article 248 of the Revised Penal Code which qualifies
the crime as MURDER.

✓ When the burning of the property was done by the offender only to cause damage, but the
ARSON resulted in the DEATH of the person, the crime committed is still ARSON because the
death of the victim is a mere CONSEQUENCE and not the INTENTION of the offender.

✓ There is no special complex crime of ARSON WITH HOMICIDE. What matters in resolving cases
involving arson is the CRIMINAL INTENT of the offender.

✓ When the burning of one’s property results from reckless imprudence and leads to serious
physical injuries and/or damage to the property of another, the penalty to be imposed shall not be
for the crime of arson under P.D. 1613 but rather, the penalty shall be based on Article 365 of the
Revised Penal Code as a felony committed by means of culpa - imprudence and negligence.
(e.g., Reckless
Imprudence Resulted in Damage to Property / Reckless Imprudence Resulted to Serious Physical
Injuries)

RESOURCES:

• Virgil Bernaldez Osal, (2020). Fire Technology and Arson Investigation, Philippines; Wisemans Books
Trading, INC.
• Leo Bustria, 2013, Philippines; Fire behavior and Arson Investigation (2nd Edition), Wisemans Book
Trading, INC
• Joner C. Villaluz and Rodulfo Alocelja(2015). Fire investigation and fire technology, Philippines;
Wisemans Books Trading, INC

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