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
WHEREAS, the current law on arson suffer from certain
inadequacies that impede the successful enforcement and
WHEREAS, it is imperative that the high incidence of fires and
other crimes involving destruction be prevented to protect the
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the
Sec. 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
Sec. 2. Destructive Arson. — The penalty of Reclusion
temporal in its maximum period to Reclusion perpetua
shall be
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 or 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
7. Any building, whether used as 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 uninhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine
shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain filed,
orchard, bamboo grove or forest;
5. Any rice 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
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 Results From Arson. — If by reason of
or on the occasion of arson death results, the penalty of
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
3. Gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith or
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
6. If shortly before the fire a substantial portion of the
effects insured and stored in building or property had been withdrawn
7. If a demand for money or other valuable consideration was
made before the fire in exchange for the desistance of the
Sec. 7. Conspiracy to Commit Arson.
— Conspiracy to commit arson shall be punished by prision
mayor in its minimum
Sec. 8. Confiscation of Object of Arson.
— The building which is the object of arson including the land on which
it is situated
Sec. 9. Repealing Clause. — The provisions of Articles 320
to 326-B of the Revised Penal Code and all laws, executive
Sec. 10. Effectivity. — This
Decree shall take effect immediately upon publication thereof at least once in
a newspaper of
Done in the City of Manila this 7th day of March nineteen
hundred and seventy nine.