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22 ARSON
a. What are the laws governing Arson?
- PD 1613 which repealed Arts. 3 to 320-b of the RPC
- RA 7659 as regards the imposition of death penalty.
b. What are the elements of the crime of Arson?
1. Any person burning a structure (edifice or building or dwelling).
2. The burning is intentional and with intent to damage the
property.
3. Other analogous acts
c. What are the evidences needed to file the crime of Arson?
1. Testimonial Evidence
Affidavit of complainant and witnessesPNP Criminal Inves
tigation Manual 2011
3 - 108 2. Documentary Evidence photographs, videos, police reports
and other documents
3. Object Evidence flammable substances and burned debris
with forensic reports
4. Other relevant evidence
3.10.23 ARSON INVESTIGATION
As mandated by law, the Bureau of Fire Protection (BFP) shall have
the power to investigate all causes of fire and if necessary, file the proper
complaint with the City or Provincial Prosecutor who has jurisdiction over the
case. The tasks and responsibility of the fire arson investigators are not only
limited to conducting exhaustive investigations and filing of complaints with th
e
prosecutor?s office, but also includes the appearance and giving of testimonies
before the court of law during legal proceedings.
It is provided in the rule that it is the prosecution who has the burden of
proof and the quantum of evidence is proof beyond reasonable doubt. Once
proven, the maximum highest penalty for the commission of arson is life
imprisonment under the present law since the abolition of the death penalty law.
Arson is a classic heinous crime that requires skillful, scientific and
systematic investigation procedures thus, the respective chiefs of the
investigation and intelligence offices of the BFP are enjoined to closely superv
ise
the conduct of the investigation in order to attain effective and plausible resu
lts.
Specific Investigative Procedures
a. Arson Investigation
Laws and Jurisprudence
The criminal offense of Arson is punishable under Articles 320
to 326-B of the Revised Penal Code as amended by Presidential
Decree 1613, 1744 and Section 10 of Republic Act 7659 (Heinous
Crime Law). As mandated by the provisions of Section 50, Rule
VIII, Implementing Rules and Regulations of Republic Act 6975,
otherwise known as the Department of the Interior and Local
Government Act of 1990, stipulates among others that the Bureau
of Fire Protection shall have the power to investigate all causes of
fire and if necessary, file the proper complaint with the City or
Provincial Prosecutor who has jurisdiction over the case.
1. Elements of ArsonPNP Criminal Investigation Manual 2011
3 - 109 a) Actual burning took place.
b) Actual burning is done with malicious intent.
c) The actual burning is done by person(s) legally and
criminally liable.
2. Levels of Offense for Arson
a) ATTEMPTED ARSON - A gets a rag and soaks it in
kerosene with intent to burn the house of B, his enemy. A