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Arson


Art.320 - Art.326 expressly repealed by PD 1613 But
PD 1744 revived Art.320 (Destructive Arson)

Arson is the malicious destruction of property by
fire.

Arson committed by any person who burns or sets fire to the
property of another or to his own property under
circumstances which expose to danger the life or property
of another.

Attempted: Ex. Rags in gasoline,

Consummated: If any part of building burned

Frustrated:there is fire, but no part of house burned

THREE KINDS OF ARSON:
1. Arson
2. Destructive arson; and
3. Other cases of arson.

A. ELEMENTS of CRIME INVOLVING DESTRUCTION:
1. That the offender causes destruction of the property; and
2. That the destruction was done by means of:
   a. explosion,
   b. discharge of electric current,
   c. inundation,
   d. sinking or stranding of a vessel,
   e. damaging the engine of the vessel,
   f. taking up rails from the railway track,
   g. destroying telegraph wires and posts or those of any
      other system, or
   h. other similar effective means of destruction.

B. ELEMENTS of BURNING ONE’S PROPERTY AS A MEANS TO COMMIT ARSON:
1. That the offender set fire to or destroyed his own property;
2. That the purpose of the offender in doing so was to commit
   arson or to cause a great destruction; and
3. That the property belonging to another was burned or destroyed.

C. ELEMENTS of ARSON:
1. That the property burned is the exclusive property of the
   offender; and
2. That
   (a) the purpose of the offender is burning it is to defraud
        or cause damage to another, or
   (b) prejudice is actually caused, or
   (c) the thing burned is a building in an inhabited place.

    Special aggravating circumstances in arson:
    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; or
    4. If committed by a syndicate.

DESTRUCTIVE ARSON:
The penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed upon
any person who shall burn:
1. Building or Edifice
2. Building Open to Public
3. Train, Locomotive, Ship or Vessel for transportation,
   public use, leisure, entertainment
4. Building, factory, warehouse for service of Public Utilities
5. Building to conceal evidence, conceal bankruptcy, defraud
   creditors
6. Arsenal/Military/General Museum
7. Inhabited Place

SECTION 6 OF PD 1613: PRIMA FACIE EVIDENCE OF GUILT
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 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 this 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 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 a demand for money or other valuable consideration was made
   before the fire in exchange for the desistance of the offender
   or for the safety of the person or property of the victim







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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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