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Law on Arson in the Philippines: Revised Penal Code Framework

Key Takeaways

  • The official 2026 FOE outline identifies the Law on Arson in the Philippines under the Revised Penal Code; PD 1613 is a related enactment, not a stand-alone label for the entire current framework.

  • PD 1613 Sections 2 and 3 classify destructive arson and other cases of arson by the property burned; RA 7659 later amended Article 320 for destructive arson.

  • PD 1613 Section 4—not Section 7—lists special aggravating circumstances, including intent to gain, benefit of another, spite or hatred, and commission by a syndicate.

  • PD 1613 Section 6 lists prima facie indicators such as simultaneous origins, accelerant evidence, overinsurance, repeated insured fires, removed effects, and a prior demand for money.

  • PD 1613 Section 9 repealed or amended former Articles 320 to 326-B only to the extent inconsistent; do not treat the entire old article range as one unchanged current rule.

Last updated: July 2026

Law on Arson in the Philippines: Revised Penal Code Framework

The signed 2026 CSC outline uses the label The Law on Arson in the Philippines (Revised Penal Code). The current statutory map requires chronology. Presidential Decree No. 1613, issued in 1979, amended the law on arson and expressly repealed or amended Articles 320 to 326-B of the Revised Penal Code and other rules only where inconsistent. Republic Act No. 7659 later amended Article 320 to state a renewed destructive-arson rule. Therefore, a reviewer should not cite the former Articles 320–326-B as though every old provision survived unchanged, and should not say that PD 1613 alone is the final word on every destructive-arson category.

PD 1613 section map

SectionHigh-yield rule
1Burning another's property; also one's own property when another's life or property is exposed to danger
2Destructive-arson property categories in the decree
3Other listed cases of arson
4Special aggravating circumstances
5Death resulting from arson
6Prima facie evidence of arson
7Conspiracy to commit arson
8Confiscation rule
9Repeal or amendment of inconsistent prior provisions

Section 4 requires the maximum period of the applicable penalty when the arson is committed with intent to gain, for the benefit of another, from spite or hatred toward the owner or occupant, or by a syndicate. The decree defines a syndicate as a group of three or more people planning or carrying out the offense. Section 7 is the separate conspiracy provision; it is not the list of special aggravating circumstances.

Section 6 supplies the statutory prima facie indicators. They include simultaneous fire starts in more than one area, unnecessary flammable materials, accelerant traces or an ignition device, substantial overinsurance, more than two fires during the relevant insurance-policy lifetime, substantial removal of insured effects outside the ordinary course of business, and a prior demand for money or value. These are legal indicators, not permission to skip a complete origin-and-cause investigation or the rules of evidence.

For destructive arson, RA 7659's Article 320 text includes specified public or gathering buildings, conveyances, public-utility facilities, buildings burned to conceal evidence or fraud, and other listed properties. Penalty language in older statutes must be read together with later law governing the non-imposition of the death penalty. For exam preparation, start with the Revised Penal Code framing used by the official outline, then study the relationships among PD 1613, RA 7659, later law, and current jurisprudence. For real cases, use current primary law and qualified legal counsel rather than a review summary.

Test Your Knowledge

Which section of PD 1613 lists special aggravating circumstances in arson?

A

Section 4

B

Section 6

C

Section 7

D

Section 9

Test Your Knowledge

Which circumstance is expressly listed as prima facie evidence of arson in PD 1613 Section 6?

A

Two witnesses saw smoke

B

The fire started simultaneously in more than one part of the building

C

The building lacked an occupancy permit

D

A firefighter entered without a warrant

Test Your Knowledge

What is the safest statement about former Revised Penal Code Articles 320 to 326-B?

A

All remain unchanged

B

All disappeared and no later law matters

C

PD 1613 repealed or amended them where inconsistent, and RA 7659 later amended Article 320

D

They concern only fire-safety inspections

Sections you finish are checked off in the contents.