Alamin kung ano nga ba ang arson at ang mga batas kaugnay nito!

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Transcript

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.

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