Article 40Act No. 3815, Sec./Art. 40

Death-Its accessory penalties.-The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date of sentence, unless such accessory penalties have been expressly remitted in the pardon.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Article 318. Other deceits. - The penalty of arresto mayor

and a fine of not less than the amount of the damage

caused and not more than twice such amount shall be

imposed upon any person who shall defraud or damage

another

by any other deceit not mentioned in the

preceding articles of this chapter.

Any person who, for profit or gain, shall interpret dreams,

make forecasts, tell fortunes, or take advantage of the

credulity of the public in any other similar manner, shall

suffer

the

penalty

of

arresto

mayor

or

a

fine not

exceeding Forty thousand pesos (P40,000).

Chapter Seven CHATTEL MORTGAGE

Article

319.

Removal,

sale or pledge of mortgaged

property.

-

The penalty or arresto mayor or a fine

amounting to twice the value of the property shall be

imposed upon:

1. Any person who shall knowingly remove any personal

property mortgaged under the Chattel Mortgage Law to

any province or city other than the one in which it was

located at the time of the execution of the mortgage,

without the written consent of the mortgagee, or his

executors, administrators or assigns.

2. Any mortgagor who shall sell or pledge personal

property already pledged, or any part thereof, under the

terms of the Chattel Mortgage Law, without the consent

of the mortgagee written on the back of the mortgage

and noted on the record hereof in the office of the

Register of Deeds of the province where such property is

located.

Chapter Eight ARSON AND OTHER CRIMES

INVOLVING DESTRUCTIONS

5

Article 320. Destructive arson. - The penalty of reclusion

perpetua to death shall be imposed upon any person

who shall burn:

1. One (1) or more buildings or edifices, consequent to one

single act of burning, or as a result of simultaneous

burnings, or committed on several or different occasions.

2. Any building of public or private ownership, devoted to

the public in general or where people usually gather or

congregate for a definite purpose such as, but not limited

to official governmental function or business, private

transaction, commerce, trade, workshop, meetings and

conferences, or merely incidental to a definite purpose

such as but not limited to hotels, motels, transient

dwellings,

public

conveyances or stops or terminals,

regardless of whether the offender had knowledge that

there are persons in said building or edifice at the time it

is set on fire and regardless also of whether the building

is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or

airplane, devoted to transportation or conveyance, or for

public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any

appurtenances thereto, which are devoted to the service

of public utilities.

5. Any building the burning of which is for the purpose of

concealing or destroying evidence of another violation of

law, or for the purpose of concealing bankruptcy or

defrauding creditors or to collect from insurance.

Irrespective of the application of the above enumerated

qualifying

circumstances,

the

penalty

of

reclusion

perpetua to death shall likewise be imposed when the

arson is perpetrated or committed by two (2) or more

persons or by a group of persons, regardless of whether

their purpose is merely to burn or destroy the building or

5 Sec 9 of PD No 1613. March 9, 1979. The provisions of Articles

320 to 326-B of the Revised Penal Code and all laws,

executive orders, rules and regulations, or parts thereof,

inconsistent with the provisions of this Decree are hereby

repealed or amended accordingly.

the burning merely constitutes an overt act in the

commission or another violation of law.

The penalty of reclusion perpetua to death shall also be

imposed upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or

fireworks

factory,

ordnance

storehouse,

archives

or

general museum of the Government.

2. In an inhabited place, any storehouse or factory of

inflammable or explosive materials.

If as a consequence of the commission of any of the acts

penalized under this Article, death results, the mandatory

penalty of death shall be imposed.

(as amended by Republic Act No. 7659, [December 13,

1993])

Article 321. Other forms of arson. - When the arson

consists in the burning of other property and under the

circumstances given hereunder, the offender shall be

punishable:

1. By reclusion temporal or reclusion perpetua:

(a) if the offender shall set fire to any building, farmhouse,

warehouse, hut, shelter, or vessel in port, knowing it to be

occupied at the time by one or more persons;

(b) If the building burned is a public building and value of

the damage caused exceeds 6,000 pesos;

(c) If the building burned is a public building and the

purpose is to destroy evidence kept therein to be used in

instituting prosecution for the punishment of violators of

the law, irrespective of the amount of the damage;

(d) If the building burned is a public building and the

purpose is to destroy evidence kept therein to be used in

legislative,

judicial

or

administrative

proceedings,

irrespective of the amount of the damage; Provided,

however, That if the evidence destroyed is to be used

against the defendant for the prosecution of any crime

punishable under existing laws, the penalty shall be

reclusion perpetua;

(e) If the arson shall have been committed with the

intention of collecting under an insurance policy against

loss or damage by fire.

2. By reclusion temporal:

(a) If an inhabited house or any other building in which

people are accustomed to meet is set on fire, and the

culprit did not know that such house or building was

occupied at the time, or if he shall set fire to a moving

freight train or motor vehicle, and the value of the

damage caused exceeds 6,000 pesos;

(b) If the value of the damage caused in paragraph (b) of

the preceding subdivision does not exceed 6,000 pesos;

(c) If a farm, sugar mill, cane mill, mill central, bamboo

groves or any similar plantation is set on fire and the

damage caused exceeds 6,000 pesos; and

(d) If grain fields, pasture lands, or forests, or plantings are

set on fire, and the damage caused exceeds 6,000 pesos.

3. By prision mayor:

(a) If the value of the damage caused in the case

mentioned in paragraphs (a),

(c), and (d) in the next preceding subdivision does not

exceed 6,000 pesos;

(b) If a building not used as a dwelling or place of

assembly, located in a populated place, is set on fire, and

the damage caused exceeds 6,000 pesos;

4. By prision correccional in its maximum period to

prision mayor in its medium period:

(a)

If

a

building

used

as

dwelling

located

in

an

uninhabited place is set on fire and the damage caused

exceeds 1,000 pesos;

(b) If the value or the damage caused in the case

mentioned in paragraphs (c) and (d) of subdivision 2 of

this article does not exceed 200 pesos.

© Compiled By RGL

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