Short answer. Yes, but not under ordinary arson penalties. Article 323 of the Revised Penal Code covers burning an uninhabited hut, storehouse, barn, shed, or similar structure worth a small amount, done in a way that clearly rules out the fire spreading. Instead of arson's heavier penalties, the law punishes it based on the actual damage caused.
What the law says
the value of which does not exceed 25 pesos
Revised Penal Code, Article 323 — Arson Of Property Of Small Value. Read the full provision →
What the law says
shall not be punished by the penalties respectively prescribed in this chapter, but in accordance with the damage caused
Revised Penal Code, Article 323 — Arson Of Property Of Small Value. Read the full provision →
What property qualifies as small value
Article 323 applies to a narrow list: an uninhabited hut, storehouse, barn, shed, or other similar property. The provision's own text sets the value ceiling at 25 pesos. Republic Act No. 10951, passed in 2017, updated the peso amounts written into many other provisions of the Revised Penal Code, so a reader comparing this figure against other arson provisions should keep that broader 2017 revision in mind. For anyone facing a fire-related charge, that ceiling matters because it decides whether the case is treated as arson at all or handled under a lighter measure.
The fire must clearly rule out spreading
The reduced treatment only applies when the burning happens at a time or under circumstances that clearly exclude all danger of the fire spreading. Both conditions have to be present together: the property must fall under the small-value list, and the setting must make it obvious there was no real risk to anything nearby. If the fire could plausibly have spread to other structures, this lighter provision does not apply, and the ordinary arson penalties in the earlier chapter take over instead.
How the case is punished instead
Article 323 does not simply excuse the burning. It redirects the penalty away from the arson provisions of that chapter and toward the rules that follow, which base the punishment on the damage actually caused rather than on the type of crime committed. In practice, this treats the act more like the destruction of property than like arson, because the value involved and the controlled setting make the danger to life and larger property far lower. Courts still look closely at the facts before applying this provision, since misclassifying the property's value or the surrounding risk could mean the wrong penalty structure is used.
Why more serious fires are not covered
This provision is a narrow carve-out, not a general rule for minor fires. An inhabited house, a more valuable structure, or a fire set where spreading was even a realistic possibility falls outside Article 323 entirely and is punished under the regular arson provisions, which carry substantially heavier penalties. Anyone facing an arson complaint should not assume this lighter treatment applies without a careful look at both the value of what burned and the circumstances surrounding it. Anyone unsure which category their situation falls into should have the facts reviewed before assuming either outcome.
Related provisions
- Revised Penal Code, Article 323 — Arson Of Property Of Small Value
- Revised Penal Code, Article 324 — Crimes Involving Destruction