Article 41Act No. 3815, Sec./Art. 41

Reclusion perpetua and reclusion temporal-Their accessory penalties.-The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

5. By prision correccional in its medium period to prision

mayor in its minimum period, when the damage caused

is over 200 pesos but does not exceed 1,000 pesos, and

the property referred to in paragraph (a) of the preceding

subdivision is set on fire; but when the value of such

property does not exceed 200 pesos, the penalty next

lower in degree than that prescribed in this subdivision

shall be imposed.

6. The penalty of prision correccional in its medium and

maximum periods, if the damage caused in the case

mentioned in paragraph (b) of subdivision 3 of this article

does not exceed 6,000 pesos but is over 200 pesos.

7. The penalty of prision correccional in its minimum and

medium periods, if the damage caused in the case

mentioned paragraph (b) subdivision 3 of this article does

not exceed 200 pesos.

8. The penalty of arresto mayor and a fine ranging from

fifty to one hundred per centum if the damage caused

shall be imposed, when the property burned consists of

grain fields, pasture lands, forests, or plantations when

the value of such property does not exceed 200 pesos. (As

amended by R.A. 5467, approved May 12, 1969).

Article 322. Cases of arson not included in the preceding

articles.

-

Cases

of arson not included in the next

preceding articles shall be punished:

1. By arresto mayor in its medium and maximum periods,

when the damage caused does not exceed 50 pesos;

2. By arresto mayor in its maximum period to prision

correccional in its minimum period, when the damage

caused is over 50 pesos but does not exceed 200 pesos;

3. By prision correccional in its minimum and medium

periods, if the damage caused is over 200 pesos but does

not exceed 1,000 pesos; and

4. By prision correccional in its medium and maximum

periods, if it is over 1,000 pesos.

Article 323. Arson of property of small value. - The arson

of any uninhabited hut, storehouse, barn, shed, or any

other property the value of which does not exceed 25

pesos, committed at a time or under circumstances

which clearly exclude all danger of the fire spreading,

shall

not

be punished by the penalties respectively

prescribed in this chapter, but in accordance with the

damage caused and under the provisions of the following

chapter.

Article 324. Crimes involving destruction. - Any person

who shall cause destruction by means of explosion,

discharge

of

electric

current,

inundation,

sinking or

stranding of a vessel, intentional damaging of the engine

of said vessel, taking up the rails from a railway track,

maliciously changing railway signals for the safety of

moving trains, destroying telegraph wires and telegraph

posts, or those of any other system, and, in general, by

using any other agency or means of destruction as

effective as those above enumerated, shall be punished

by reclusion temporal if the commission has endangered

the safety of any person, otherwise, the penalty of prision

mayor shall be imposed.

Article 325. Burning one's own property as means to

commit arson. - Any person guilty of arson or causing

great destruction of the property belonging to another

shall suffer the penalties prescribed in this chapter, even

though he shall have set fire to or destroyed his own

property for the purposes of committing the crime.

Article 326. Setting fire to property exclusively owned by

the offender. - If the property burned shall be the

exclusive property of the offender, he shall be punished

by arresto mayor in its maximum period to prision

correccional in its minimum period, if the arson shall have

been

committed

for

the

purpose

of

defrauding

or

causing damage to another, or prejudice shall actually

have been caused, or if the thing burned shall have been

a building in an inhabited place.

Article

326-A.

In

cases where death resulted as a

consequence

of

arson.

-

If

death

resulted

as

a

consequence

of

arson

committed

on

any

of

the

properties

and

under

any

of

the

circumstances

mentioned in the preceding articles, the court shall

impose the death penalty.

Article 326-B. Prima facie evidence of arson. - Any of the

following

circumstances

shall

constitute

prima

facie

evidence of arson:

1. If after the fire, are found materials or substances

soaked

in

gasoline,

kerosene,

petroleum,

or

other

inflammables, or any mechanical, electrical chemical or

traces or any of the foregoing.

2. That substantial amount of inflammable substance or

materials were stored within the building not necessary

in the course of the defendant's business; and

3. That the fire started simultaneously in more than one

part of the building or locale under circumstances that

cannot normally be due to accidental or unintentional

causes: Provided, however, That at least one of the

following is present in any of the three above-mentioned

circumstances:

(a) That the total insurance carried on the building and/or

goods is more than 80 per cent of the value of such

building and/or goods at the time of the fire;

(b) That the defendant after the fire has presented a

fraudulent claim for loss.

The penalty of prision correccional shall be imposed on

one who plants the articles above-mentioned, in order to

secure

a

conviction, or as a means of extortion or

coercion. (As amended by R.A. 5467, approved May 12,

1969).

Chapter Nine MALICIOUS MISCHIEF

Article 327. Who are liable for malicious mischief. - Any

person who shall deliberately cause the property of

another any damage not falling within the terms of the

next

preceding

chapter shall be guilty of malicious

mischief.

Article 328. Special cases of malicious mischief. - Any

person

who

shall

cause

damage

to

obstruct

the

performance of public functions, or using any poisonous

or corrosive substance; or spreading any infection or

contagion among cattle; or who cause damage to the

property of the National Museum or National Library, or to

any archive or registry, waterworks, road, promenade, or

any other thing used in common by the public, shall be

punished:

1. By prision correccional in its minimum and medium

periods, if the value of the damage caused exceeds Two

hundred thousand pesos (P200,000);

2. By arresto mayor , if such value does not exceed the

above mentioned amount but it is over Forty thousand

pesos (P40,000); and

3. By arresto menor , in such value does not exceed Forty

thousand pesos (P40,000).

Article 329. Other mischiefs. - The mischiefs not included

in the next preceding article shall be punished:

1. By arresto mayor in its medium and maximum periods,

if the value of the damage caused exceeds Two hundred

thousand pesos (P200,000);

2. By arresto mayor in its minimum and medium periods,

if such value is over Forty thousand pesos (P40,000) but

does

not

exceed

Two

hundred

thousand

pesos

(P200,000); and

3. By arresto menor or fine of not less than the value of

the damage caused and not more than Forty thousand

pesos (P40,000), if the amount involved does not exceed

Forty thousand pesos (P40,000) or cannot be estimated.

Article

330.

Damage and obstruction to means of

communication. - The penalty of prision correccional in

its medium and maximum periods shall be imposed

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