Alamin kung ano nga ba ang arson at ang mga batas kaugnay nito!
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00:00 Today is the first day of March,
00:02 this is the Fire Prevention Month.
00:04 We will discuss the case of Arson,
00:06 the crime that started the fire.
00:09 But before we go deeper into our discussion about that,
00:13 let's watch this first.
00:29 The fire is one of the most terrifying incidents
00:33 because it can cause destruction of homes,
00:38 loss of loved ones,
00:42 and severe damage to health.
00:46 It is one of the biggest disasters that anyone can experience.
00:52 But how is a tragedy like this
00:58 not just an accident,
01:00 but a crime that was planned and planned?
01:06 What are the laws against arson
01:13 and its consequences?
01:15 Let's answer those questions
01:17 here in Rise and Shine, Philippines.
01:24 But to understand better the law and the details
01:29 and the punishment regarding the Arson case,
01:31 we will have with us this morning,
01:33 Sir and Madam Alice Vidal,
01:34 a legal practitioner.
01:36 Good morning, Sir and Madam Alice.
01:38 Good morning, Fifi and Dianne.
01:42 Sir and Madam Alice, what is Arson?
01:45 Please give us the details
01:48 about the motive of Arson.
01:51 What are the things or properties involved in this case?
01:54 Ator, please.
01:55 Arson is a malicious destruction of property by fire.
02:04 It means that a person intended to burn it.
02:11 In our law, there are two types of Arson.
02:15 There is destructive Arson and simple Arson.
02:20 Destructive Arson is covered by PD 1744.
02:24 It means that you are burning such magnitude.
02:29 There was a huge fire,
02:30 like the fire in a military installation,
02:34 in a hospital, in a train, aircraft.
02:39 It was a huge fire.
02:41 And it's not just one building involved.
02:43 Many buildings were burned.
02:45 It's destructive.
02:47 Or you were burned because you wanted to
02:51 get insurance from an insurance company.
02:53 You said that you insured your house or your place
02:58 and then you burned it
03:00 so that you can recover from the insurance.
03:04 That is destructive Arson.
03:07 Or there were three or more people involved in the fire.
03:13 Now, simple Arson is a lower punishment.
03:18 You are burning an inhabited house.
03:21 As long as you have the intention to burn
03:26 a house through fire.
03:31 That is what Arson means.
03:34 And you can be called an Arsonist or a person who burns.
03:40 And that is a huge penalty.
03:43 Alright, speaking of penalty, Atty.,
03:45 what law does our country have that gives punishment
03:49 or talks about Arson?
03:52 That is Destructive Arson, Presidential Decree 1744.
03:57 That penalty is a death penalty.
04:06 Now, it's a life sentence because they removed the death penalty.
04:11 Now, we don't have a death penalty anymore.
04:14 So what happens is a life sentence.
04:17 What is a life sentence?
04:19 According to the law,
04:22 from 20 years and 1 day up to 40 years.
04:26 That is a life sentence.
04:28 Now, we have another law, PD 1613.
04:32 That is simple Arson.
04:34 All that is not covered by Destructive Arson,
04:38 the simple arson is in PD 1613.
04:43 You know, it is not important if the house is burned
04:47 if not what you burned.
04:50 That is the essence of simple Arson.
04:54 As long as you burned, you are covered by Law on Arson.
04:58 For example, in Destructive Arson, Atty. Alice,
05:02 there are still people who were affected.
05:04 For example, a casualty who was killed by an individual.
05:08 Is there an additional penalty or case, Atty. Alice?
05:12 For now, if someone died,
05:19 for example, someone drowned or died there,
05:21 it is considered that they were with the person
05:24 or they were absorbed in the crime of Arson.
05:28 Before, there was Arson with Homicide.
05:30 Now, it can also be Arson with Homicide
05:33 or absorbed in the crime of Arson.
05:36 Because Arson, like what happened in other places,
05:42 where there was a big fire,
05:45 and now, there are people who died.
05:48 If your motive in burning is to die,
05:54 that is Destructive Arson.
05:57 That is why if you want to kill someone,
06:00 you burned the person.
06:03 That is different.
06:04 Because that is your way to kill someone.
06:07 You can make that a murder.
06:10 Because you want to kill someone,
06:13 you burned their house.
06:16 But if your motive is to burn,
06:20 and in the process of burning, someone died,
06:24 that is Arson.
06:26 - There. - That is why, yes.
06:29 For example, business people,
06:33 some owners of houses,
06:36 they themselves burn their houses?
06:40 - Or they have an institution. - There is such a thing.
06:42 - But of course, it cannot be proven immediately. - Yes.
06:46 Because there is such a thing.
06:50 Sometimes, their house is insured by someone very expensive.
06:55 Now, before it was burned,
06:57 they removed the important things
07:00 and burned the house.
07:02 After that, they will demand an insurance
07:05 that a lot of people were burned.
07:06 Arson is also a criminal.
07:14 Arson is not just simple.
07:18 It is included in the law
07:20 that if you were proven to be an arsonist,
07:25 you can be called a terrorist
07:27 under the Anti-Terrorism Law.
07:30 So, be careful of those who burn houses.
07:33 Because the PD-1630, the simple arson,
07:36 is included in the Anti-Terrorism Law
07:40 that if you violate it,
07:42 you can be called a terrorist.
07:44 If you are called a terrorist,
07:46 it is higher than other cases
07:50 because you are the one who made the fire
07:54 to cause chaos to people
07:57 and instill terror in people
08:01 because you are the one who burned.
08:04 You will be called a terrorist.
08:07 And that is a big prison.
08:09 And that is a life imprisonment.
08:13 Attorney, what if someone is near your house
08:19 and they attempt to burn your house,
08:24 can you say that it is an arson?
08:27 You know, if the arson did not continue,
08:34 there is no fire,
08:35 they can be called frustrated.
08:37 There are gasoline and other things
08:41 that can be used for arson.
08:43 But it did not continue because you caught them.
08:46 They can be called frustrated.
08:47 But if there is a fire,
08:51 even a small fire,
08:52 you can charge arson.
08:55 If there is a fire,
08:57 you are continuously arsoned.
08:59 You stop it if there is a fire.
09:03 That is why it is very difficult.
09:06 And we should also be vigilant
09:08 because sometimes the squatters,
09:13 they want to take your place,
09:18 they will burn your place
09:19 so that you can leave.
09:21 That is what happens a lot nowadays.
09:25 You mentioned frustrated or attempted arson.
09:28 In terms of charges,
09:30 is there a difference between
09:31 destructive or simple arson
09:33 and frustrated or attempted arson?
09:37 In terms of destructive arson,
09:41 it is a heinous crime.
09:44 You want to burn the whole armed forces
09:48 of the Philippines or a hospital.
09:51 I hope so.
09:52 Because it is very...
09:54 No, not you, prof.
09:56 The accused,
10:00 those who have an evil mind,
10:01 the arsonist is doing it
10:06 as a way to threaten.
10:09 He is threatening to leave the whole barangay,
10:13 vacate the whole barangay
10:14 and they will be the king
10:16 in the faraway area.
10:22 Now, usually in destructive arson,
10:26 there is no such thing as frustrated
10:28 because it is really necessary.
10:30 The arson that happened
10:33 is very serious.
10:35 In simple arson,
10:37 there is a case where the husband
10:42 fought and got jealous.
10:45 What happened was
10:46 the husband burned their house.
10:48 It's good that it was stopped.
10:51 Those things can happen,
10:54 those who are frustrated,
10:55 because it can be stopped.
10:57 The husband can say,
10:59 "The gasoline is already held."
11:01 "The phosphorus is already held."
11:04 The wife will say,
11:06 "Don't, honey. You are my love."
11:09 Things like that.
11:10 Then, it will not continue.
11:11 There is a case like that.
11:13 Actually, it's a Supreme Court case.
11:15 The husband was burned
11:17 because of the fight.
11:21 He hoped that it would not happen again.
11:24 We have learned a lot
11:26 about Atty. Alice.
11:27 But let's just continue.
11:28 For example, the owner of the house will say,
11:32 "I was left alone
11:34 because the gas was turned on."
11:38 How can you say that?
11:40 How can you differentiate
11:41 the negligence and the intention of the arson?
11:44 How can you prove that, Atty. Alice?
11:48 That's our gray area in the law.
11:53 Now, we can only say
11:55 what the motive is.
11:56 Does the person have a motive?
11:58 For example, if you burn your house,
12:00 will you get insurance?
12:02 If you don't get insurance,
12:05 and that's what happens most of the time,
12:08 because the gas was left on,
12:10 the candle was left on because it turned brown.
12:14 We cannot say that they are arsonists
12:19 if they didn't insure their house.
12:24 Will they get insurance
12:25 if their house was burned?
12:27 But because of the current fire prevention month,
12:31 we should be careful.
12:33 Let's not leave our plants.
12:35 Before we leave or travel,
12:37 let's see if the fire has already left.
12:40 We should also be careful.
12:42 Right, Atty. Anne?
12:43 And Prop 50.
12:45 Because of the heat,
12:49 your electric fan will get hot
12:53 if you leave it.
12:54 If you go home in the evening,
12:58 it will get hot.
13:00 That's why,
13:01 as the saying goes,
13:02 "If you are a thief,
13:04 don't burn your house."
13:06 Of course,
13:09 even if it's not fire prevention month,
13:11 we should check our houses
13:13 before we leave
13:15 to avoid getting burned.
13:16 And we should not get burned.
13:18 Let's not do other things
13:20 that we know can affect
13:22 the safety of our houses
13:24 or our work.
13:26 On that note,
13:28 thank you very much.
13:29 And sorry to leave
13:30 for the next episode.
13:32 To explain to us
13:33 what is this arson.
13:35 And of course,
13:36 to answer our questions
13:37 about legal matters.
13:39 Long live, Atty. Anne.
13:40 Thank you so much.