Arson is the malicious burning of property, punished mainly under Presidential Decree No. 1613, as well as the Revised Penal Code for destructive arson. The penalty depends on the property burned and the circumstances; it is heavier when an inhabited house or dwelling is burned, when done for profit or to conceal another crime, or by a syndicate. If death results from the arson, the penalty rises to reclusion perpetua to death. There are also prima facie indicators of arson that the law recognizes when investigating a fire's origin.
Setting fire to property — a house, a store, a vehicle — is arson, and it is treated with special severity because fire endangers lives, not just property. The main law is Presidential Decree No. 1613.
What Arson Is
Arson is the malicious burning of property. The malice (intent to burn) distinguishes it from an accidental fire or one caused by negligence. Under PD 1613, any person who burns or sets fire to the property of another, or to their own property under circumstances that expose others to danger, commits arson. The Revised Penal Code separately governs destructive arson (burning of certain structures like buildings, trains, and vessels) with graver penalties.
Circumstances That Raise the Penalty
The penalty for arson is higher in various aggravating situations, including where the property burned is:
- An inhabited house or dwelling;
- A building where people usually gather or congregate;
- A public building, archive, museum, or place devoted to worship or education; and
- Property burned for the purpose of collecting insurance, or to conceal or destroy evidence of another crime.
The penalty is also heavier where the arson is committed by a syndicate (a group organized for the purpose). Burning an occupied dwelling is treated far more seriously than burning empty, isolated property, because of the danger to life.
Arson Resulting in Death
The gravest consequence: if, as a result of the arson, death occurs, the penalty rises to reclusion perpetua to death (with death no longer imposable, the ceiling is reclusion perpetua). Where the offender intended to kill a specific person and used fire as the means, the crime may instead be murder (by means of fire), so the offender’s intent matters to the proper charge — arson (intent to burn) versus murder (intent to kill, using fire).
Prima Facie Indicators of Arson
Because fires can be hard to prove, PD 1613 recognizes prima facie evidence of arson — circumstances that, if present, suggest the fire was intentional, such as: multiple points of origin; the presence of flammable substances or incendiary devices; a fire that broke out after the property was heavily insured disproportionate to its value; or the removal of valuables before the fire. Fire investigators (the Bureau of Fire Protection) examine these to determine the cause.
Practical Advice
- If your property was burned intentionally, report to the Bureau of Fire Protection and the police, preserve the scene, and cooperate with the fire investigation — the cause determination drives any arson case.
- Insurance angle: burning property to collect insurance is an aggravated arson and also insurance fraud — and the prima facie indicators are designed to catch it.
- If accused, the questions are whether the fire was malicious (vs. accidental) and your intent — the penalties are severe, so get counsel.
Frequently Asked Questions
What is arson? The malicious burning of property, punished mainly under PD 1613 and, for destructive arson of certain structures, under the Revised Penal Code. Malice, the intent to burn, distinguishes it from an accidental or negligent fire.
When is arson penalized more heavily? When the property is an inhabited house or dwelling, a place where people gather, or a public, religious, or educational building, or when done to collect insurance or conceal another crime, or by a syndicate.
What if someone dies in the fire? If death results from the arson, the penalty rises to reclusion perpetua to death, with reclusion perpetua the effective ceiling. If the offender intended to kill using fire, the crime may be murder instead.
How is arson proven? PD 1613 recognizes prima facie indicators such as multiple points of origin, flammable substances or incendiary devices, heavy over-insurance, or removal of valuables before the fire. The Bureau of Fire Protection investigates the cause.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If your property was burned or you face an arson charge, our firm can help you navigate the investigation and case. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.