UNIT II

LEGAL ASPECTS OF FIRE

 BUREAU OF FIRE
PROTECTION
Through the enactment of the RA 6975, also known
as the DILG Act of 1990, the Fire Service was
separated from the PC-INP as a separate and
distinct agency as Bureau of Fire Protection on
August 02, 1991.
 BFP VISION

A modern fire service fully capable of

ensuring a fire-safe nation by 2034.
 BFP MISSION
We commit to prevent and suppress destructive
fires, investigate its causes, enforce fire code
and other related laws, and respond to man-
made and natural disasters and other
emergencies.
 LEGAL MANDATES
RA 6975 (DILG ACT OF 1990)
Prevention and Suppression – all destructive fires
on building, houses and other similar structures;
forest; land; transportation vehicles and
equipment; ships and vessels docked at piers or
wharves anchored in major seaports; petroleum
industry installations; plane crashes and other
similar incidents.
 LEGAL MANDATES
RA 6975 (DILG ACT OF 1990)
Enforcement – of the Fire Code and other Fire
related laws.
Investigate – all causes of fires and if necessary, file
the proper complaint with the city or provincial
prosecutor.
Assist AFP – in times of National Emergencies.
Established at least one fire station – in each local
government unit nationwide with adequate personnel
and equipage.
 TARGETS & OBJECTIVE FOR THE
PROTECTION OF COMMUNITIES FROM
DESTRUCTIVE FIRES AND RELATED
EMERGENCIES
To prevent zero Fire Incident
To decrease and minimize the fire incidents
and/or damages
Zero casualty/Injury from fire incidents and other
related emergency responses.
 Lesson 3.1 Laws on Arson
Concept
Under Philippines laws, the crime of arson is
punishable under article 320-326b of the Revised
Penal Code (RPC), which took effect on January 1,
1932. However, after forty-seven (47) years,
Presidential Decree no. 1613 was passed which
repealed the provisions of the RPC.
 Arson
ARSON DEFINED
Intentional or malicious destruction of property by
fire. It is the concern of fire investigation to prove
malicious intent of the offender. Intent must be
proved, otherwise, no crime exist. The law
presumes that a fire is accidental, hence criminal
designs must be shown. Fire cause by accident or
negligence does not constitute arson.
 WHAT IS DESTRUCTIVE
ARSON?
Under Article 320 of the Revised Penal Code, as
amended, the penalty of Reclusion Perpetua to
Death shall be imposed upon any person who shall
burn:
1. One (1) or more building or edifies, consequent to
one single act of burning, or as a result of
simultaneous burnings, or committed on several or
different occasions.
 WHAT IS DESTRUCTIVE
ARSON?
2. Any building 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 official
governmental function or business, private transaction,
commerce, 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 buildings or edifice at the time it
is set on fire and regardless also of whether the building is
actually inhabited or not.
 WHAT IS DESTRUCTIVE
ARSON?
3. Any train or locomotive, ship or vessel, airship or
airplane devoted to transportation or conveyance, or for
public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service to
public utilities.
5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of
law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.
Irrespective of the application of the said
qualifying circumstance, the penalty of reclusion
to death shall likewise be imposed when the
arson is perpetrated for committed by two or
more persons or by group of persons, regardless
of whether their purpose is merely to burn or
destroy the building or the building merely
constitutes an overt act in the commission or
another violation of law.
The penalty of Reclusion Perpetua to Death shall
be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military
power or firework factory, ordinance,
storehouse, archives or general museum of
the government.
2. In an inhabited place, any storehouse or
factory of inflammable or explosives
materials.
If the consequences of the commission of
any of the acts penalized under this Article,
death results, the mandatory penalty of
death be imposed (sec.10, RA 7659)
 WHAT IS THE BASIS OF
CRIMINAL LIABILITY IN
ARSON
1. Kind and character of the building burned
2. Location of the building
3. Extent or value of the damage
4. Whether inhabited or not
 WHAT ARE OTHER FORMS OF
ARSON
Other forms of arson refers to those enumerated under
Article 321 of the Revised Penal Code, as amended
like the following:
1. Setting fires to any building, farmhouse, warehouse,
hut, shelter or vessel in port, knowing it to be occupied
at the time by one or more person.
2. Building burned is a public building and value of
damage exceeds six thousand pesos (P6000.00)
 WHAT ARE OTHER FORMS OF
ARSON
3. Building burned is a public building and purpose is to
destroy evidence kept therein to be used in instituting
prosecution for violators of law, irrespective of the
amount of damage.
4. Building burned is a public building and purpose is to
destroy evidence kept therein to be used in legislative,
judicial or administrative proceeding, irrespective of the
damage, if the evidence is to be used against
defendant of crime punishable under existing law.
 ARSON OF PROPERTY OF SMALL
VALUE (ART. 323, RPC)
ELEMENTS:
Burning of any uninhabited hut, storehouse, barn,
shed, or any other property,
Value of the property does not exceed 25.00 pesos
Under circumstances clearly excluding all danger
of the fire spreading.
 CRIMES INVOLVING DESTRUCTION
(ART. 324, RPC)
The offender causes destruction by any of the following means:
1. Explosion
2. Discharge of electric current
3. Inundation, sinking or stranding of a vessel
4. Taking up the rails from a railway track
5. Malicious changing or railway signals for the safety of moving
trains
6. Destroying telegraph wires and telegraph post or those any
other communication system
7. By using any other agency or means of destruction as
effective as the above.
Article 325, RPC – Burning of ones own property as a means
of committing Arson. This article punishes the burning of
one’s own property for the purpose of committing arson or
great destruction of property.

Article 326, RPC – Setting Fire to Property Exclusively Owned

by the Offender
This act is punished if the purpose of the offender is to:
1. Defraud or cause damage to another
2. Damaged is actually caused upon another’s property even
if such purpose is absent.
3. Thing burned is a building in an inhabited place.
 PRESIDENTIAL DECREE NO. 1613 –
AMENDING THE LAW ON ARSON
SPECIAL AGGRAVATING CIRCUMSTANCES IN
ARSON
If committed with intent to gain
If committed with the benefit of another
If the offender is motivated by spite or hatred
towards the owner or occupant of the property
burned
If committed by a syndicate (three or more
persons)
 PRIMA FACIE EVIDENCE OF ARSON
1. If a fire started simultaneously in more than one part of the
building or establishment.
2. If substantial amounts of flammable substance or materials
are stored within the building not necessary in the business of
the offender nor for house hold 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, a fire or ashes
or traces of any of the foregoing are found in the ruins or
premises of the burned building or property.
 PRIMA FACIE EVIDENCE OF ARSON
4. If the building or property is insured for substantially more
than its actual value at the time of the issuance of policy.
5. If during the lifetime of 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.