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Practice Exams

Module 5.2: Fire Code and Arson Law Reviewer

A Comprehensive Reviewer for the Criminology Board Exam on R.A. 9514 (The Fire Code of the Philippines) and P.D. 1613 (The Law on Arson)

I. Republic Act No. 9514: The Revised Fire Code of the Philippines of 2008

This act is a consolidation of Senate Bill No. 2553 and House Bill No. 4115, enacted to ensure public safety and economic development through the prevention and suppression of all kinds of destructive fires.

Key Principles and Definitions:

  • Purpose: To prevent and suppress destructive fires, investigate their causes, provide fire safety education, and enforce laws and regulations related to fire prevention and protection.
  • Abatement: Any act that removes or neutralizes a fire hazard.
  • Fire Hazard: Any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with firefighting operations and the safeguarding of life and property.
  • Fire Trap: A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes.

Prohibited Acts and Penalties:

The Fire Code focuses primarily on administrative and regulatory compliance to prevent fires. Violations are treated as matters of public safety and often result in fines, closure of buildings, or abatement of hazards. Criminal liability is primarily covered by the Arson Law (P.D. 1613).

  1. Failure to Provide Safety Measures: Failure to provide, install, or maintain fire safety equipment, or to provide adequate exits in buildings or structures.

    • Penalty: Administrative fines ranging from P12,500 to P50,000, stoppage of operations, or closure of the building.

  2. Smoking in Prohibited Areas: Smoking in areas where it is expressly prohibited.

    • Penalty: Fines and imprisonment as per local ordinances or building policies.

  3. Obstructing a Fire Exit: Knowingly blocking or obstructing any designated fire lane or fire exit.

    • Penalty: Administrative fines.

  4. Overcrowding: Allowing a building or space to be occupied by more persons than its prescribed capacity.

    • Penalty: Administrative fines and stoppage of operations.

  5. Removing or Destroying Fire Protection Equipment: Unauthorized removal, destruction, or tampering of any fire protection or fire fighting equipment.

    • Penalty: Administrative fines.

II. Presidential Decree No. 1613: Amending the Law on Arson

P.D. 1613 is the primary law defining the crime of arson and its various forms in the Philippines. It distinguishes between Destructive Arson (Article 320 of RPC, as amended) and Simple Arson (Section 3 of P.D. 1613).

A. Destructive Arson (Article 320 of the RPC, as amended by Sec. 10 of R.A. 7659)

The penalty for Destructive Arson is Reclusion Perpetua to Death.

Elements: The crime is committed by burning:

  1. One (1) or more human beings.
  2. Any building, whether public or private, where human beings usually stay or congregate.
  3. Any train, locomotive, ship, or airplane, devoted to public use, transport of passengers or freight.
  4. Any building of public or private ownership, devoted to the public in general or where human beings usually stay or congregate.
  5. Any building used as a command post, hospital, or quarters for the armed forces.
  6. Any ammunition factory, storehouse of explosives, flammable oils, or other combustible materials.
  7. Any library, museum, archive, or similar establishment.
  8. Any passenger train or motor vehicle in motion or vessel out of port.
  9. Any industrial establishment, if the burning results in the death of any person.

B. Simple Arson (Section 3 of P.D. 1613)

The penalty for Simple Arson depends on the type of property burned.

1. Arson of other structures or property (e.g., unoccupied building, warehouse):

  • Penalty: Reclusion Temporal to Reclusion Perpetua.
  • Elements:
    • A person sets fire to any building, farm, mill, or other structure not included in Destructive Arson.
    • The property is owned by another.
    • If the offender owns the property, the intent must be to defraud or cause damage to another.

2. Arson of other properties (e.g., crops, grain fields, timber):

  • Penalty: Prision Mayor in its medium period to Reclusion Temporal in its minimum period.

Special Aggravating Circumstances in Arson (Section 4 of P.D. 1613)

The penalty shall be imposed in its maximum period if:

  1. The offense is committed with intent to gain.
  2. The offense is committed for the benefit of another.
  3. The offender is motivated by spite or hatred towards the owner or occupant.
  4. The offense is committed by a syndicate (3 or more persons).

Prima Facie Evidence of Arson (Section 6 of P.D. 1613)

  1. If the fire started simultaneously in more than one part of the building or establishment.
  2. If substantial amounts of flammable substances or materials are found in the building not necessary for its normal use.
  3. If gasoline, kerosene, petroleum, or other flammables, or containers thereof are found in any part of the building, except in cases where it is necessary for the business.
  4. If the building or property was insured for substantially more than its actual value at the time of the fire.
  5. If the building had been declared a fire trap or is found to be structurally defective.

III. Multiple Choice Questions (MCQs)

Instructions: Choose the best answer for each question.

  1. What is the primary law that defines the different types of arson and their corresponding penalties in the Philippines? a) R.A. 9514 b) P.D. 1613 c) R.A. 7659 d) Act No. 3815

  2. Under P.D. 1613, what is the penalty for Destructive Arson? a) Prision Mayor b) Reclusion Temporal c) Reclusion Perpetua to Death d) Life Imprisonment

  3. Which of the following constitutes Destructive Arson? a) Burning an unoccupied hut in a rural area. b) Burning a warehouse containing non-flammable goods. c) Burning a public hospital. d) Setting fire to one's own car for insurance purposes.

  4. This term refers to any condition or act that increases the probability of fire or hinders firefighting operations. a) Fire Hazard b) Abatement c) Fire Trap d) Arson

  5. Pedro, wanting to claim insurance, burns his own textile factory. The fire spreads and kills the night watchman. What crime did Pedro commit? a) Simple Arson b) Homicide c) Destructive Arson d) Arson with Homicide

  6. According to R.A. 9514, what is the administrative penalty for a building owner who fails to install required fire exits? a) Reclusion Perpetua b) Mandatory demolition of the building. c) Administrative fine and/or stoppage of operation. d) Community service.

  7. Which of the following is considered a prima facie evidence of arson under P.D. 1613? a) The fire started during nighttime. b) The building owner was in financial debt. c) The fire started simultaneously in two different parts of the house. d) A witness saw the suspect running from the scene.

  8. The burning of an uninhabited building in a populated place is classified as: a) Destructive Arson b) Simple Arson c) Malicious Mischief d) Frustrated Arson

  9. What is the main purpose of R.A. 9514, the Revised Fire Code? a) To convict arsonists. b) To ensure fire prevention and safety in buildings and structures. c) To regulate insurance claims related to fire. d) To standardize the salary of firefighters.

  10. If an offender commits arson and is motivated by hatred towards the property owner, what is the effect on the penalty? a) It is considered a mitigating circumstance. b) The penalty is imposed in its maximum period. c) It has no effect on the penalty. d) The offender is exempt from criminal liability.

  11. A building that is unsafe in case of fire due to its construction or lack of adequate exits is called a: a) Fire Hazard b) Fire Nuisance c) Fire Zone d) Fire Trap

  12. What crime is committed if a person sets fire to a field of sugarcane belonging to another? a) Destructive Arson b) Malicious Mischief c) Simple Arson d) Qualified Theft

  13. Which of the following is NOT an element of Destructive Arson? a) Burning a public building. b) Burning an ammunition factory. c) Burning a passenger train in motion. d) Burning one's own car in their garage.

  14. The act of removing or neutralizing a fire hazard is known as: a) Prevention b) Suppression c) Abatement d) Investigation

  15. Arson is committed by a syndicate if it is planned or carried out by a group of: a) Two or more persons b) Three or more persons c) Five or more persons d) A family

  16. The penalty for Simple Arson resulting in the burning of an unoccupied building is: a) Prision Mayor b) Reclusion Temporal to Reclusion Perpetua c) Prision Correccional d) Arresto Mayor

  17. Under the Fire Code, obstructing a fire exit is considered a: a) Grave felony b) Prohibited act with administrative penalties c) Capital offense d) Misdemeanor

  18. In the crime of arson, if the offender owns the property, what must be proven for him to be held liable? a) That he was insane. b) That the act was accidental. c) That his intent was to defraud or cause damage to another. d) That he was not aware of the consequences.

  19. Which government agency is primarily responsible for the implementation and enforcement of R.A. 9514? a) Philippine National Police (PNP) b) Bureau of Fire Protection (BFP) c) Department of Public Works and Highways (DPWH) d) National Bureau of Investigation (NBI)

  20. A person who sets fire to an archive building containing historical documents is liable for: a) Simple Arson b) Malicious Mischief c) Destructive Arson d) Qualified Damage to Property

Answer Key:

  1. b) P.D. 1613
  2. c) Reclusion Perpetua to Death
  3. c) Burning a public hospital.
  4. a) Fire Hazard
  5. c) Destructive Arson (since the burning of the industrial establishment resulted in death).
  6. c) Administrative fine and/or stoppage of operation.
  7. c) The fire started simultaneously in two different parts of the house.
  8. b) Simple Arson
  9. b) To ensure fire prevention and safety in buildings and structures.
  10. b) The penalty is imposed in its maximum period.
  11. d) Fire Trap
  12. c) Simple Arson
  13. d) Burning one's own car in their garage.
  14. c) Abatement
  15. b) Three or more persons
  16. b) Reclusion Temporal to Reclusion Perpetua
  17. b) Prohibited act with administrative penalties
  18. c) That his intent was to defraud or cause damage to another.
  19. b) Bureau of Fire Protection (BFP)
  20. c) Destructive Arson