ARSON

INVESTIGA
TION

Presented by:

SR SUPT MARIA MYRA Q BICO

(Ret)
ARSON
LAWS
 ARSON AND
OTHER
RELATED LAWS
 Law
- is a rule of conduct, just, obligatory
laid down by legitimate power for
common observance and benefit.
 Arson
- Any person who burns or sets
fire to the property of another shall
be punished by Prision mayor. The
same penalty shall be imposed when
a person sets fire to his own property
under circumstances which expose
to danger the life or property of
another.
 Article 6 of the Revised Penal Code

Stages of Execution:
Consummated, Frustrated and Attempted
Felony
STAGES OF EXECUTION:

1. CONSUMMATED – when all the

elements necessary for its
execution and accomplishment are
present;
2. FRUSTRATED

Elements:

a. offender performs all acts of

execution

b. all these acts would produce

the felony
as a consequence

c. BUT the felony is NOT produced

d. by reason of causes
3. ATTEMPTED

Elements:

a. offender commences the felony

directly
by overt acts

b. does not perform all acts which

would produce the
felony

c. his acts are not stopped by his

own spontaneous
Is there a frustrated arson?

Arson is one of the crimes

where no frustrated stage
exist. The stated reason is that
the "moment burning occurs,
even for a small portion only,
the offense is consummated”.
Frustrated Arson

US v. Valdez
PENALTY
 PENALTY ENTIRE MINIMUM MEDIUM MAXIMUM
LENGTH LENGTH LENGTH LENGTH

Death
Not applied; commuted to reclusion perpetua.

Reclusion
Perpetua
20 years and 1 day to 40 years

Reclusion 12 years and 12 years and 14 years and 17 years and 4 months to 20 years
temporal
one day to one day to 14 8 months to
20 years years and 8 17 years and
months 4 months
6 years and 6 years and 1 8 years and 10 years and 1 day to 12 years
Prision one day to day to 8 1 day to 10
mayor
12 years years years
6 months 6 months and 2 years, 4 4 years, 2 months and 1 day to 6 years
Prision and one day 1 day to 2 months and
correccional
to 6 years years and 4 1 day to 4
months years and 2
months
1 month and 1 month to 2 2 months 4 months and 1 day to 6 months
Arresto 1 day to 6 months and 1 day to
mayor
months 4 months

Arresto 1 day to 30 1 day to 10 11 days to 21 days to 30 days

menor
days days 20 days
PRESIDENTIAL DECREE NO.
1613

AMENDING THE LAW ON ARSON

Sec. 1. Arson. — Any person who
burns or sets fire to the property of
another shall be punished by
Prision mayor.

The same penalty shall be

imposed when a person sets fire to
his own property under
circumstances which expose to
danger the life or property of
another.
Note:

Section 2. Destructive Arson

of
PD 1613 was amended by
PD 1744
Sec. 3. Other Cases of Arson. — The
penalty of Reclusion temporal to
Reclusion perpetua shall be
imposed if the property burned is
any of the following:

1. Any building used as offices of

the government or any of its
agencies;

2. Any uninhabited house or

dwelling;
3. Any industrial establishment,
shipyard, oil well or mine shaft,
platform or tunnel;

4. Any plantation, farm,

pastureland, growing crop, grain filed,
orchard, bamboo grove or forest;

5. Any rice mill, cane mill or mill

central; and

6. Any railway or bus station,

Sec. 4. Special Aggravating
Circumstances in Arson.

- The penalty in any case of arson

shall be imposed in its maximum
period:

1. If committed with intent to gain;

2. If committed for the benefit of

another;
3. If the offender is motivated by
spite or hatred towards the
owner or occupant of the property
burned;

4. If committed by a syndicate.

The offense is committed by a

syndicate if it is planned or carried
out by a group of three (3) or more
persons.
Sec. 5. Where Death Results
From Arson

- If by reason of or on the
occasion of arson death results,
the penalty of Reclusion
perpetua to death shall be
imposed.
Sec. 6. Prima Facie Evidence of
Arson.

- Any of the following

circumstances shall constitute prima
facie evidence of arson:

1. If the fire started simultaneously in

more than one part of the building
or establishment.
2. If substantial amount of
flammable substances or
materials are stored within the
building not necessary in the
business of the offender nor for
3. Gasoline, kerosene, petroleum or
household use.
other flammable or combustible
substances or materials soaked
therewith or containers, thereof, or
any mechanical, electrical,
chemical, or electronic contrivance
designed to start a fire, or ashes or
traces of any of the foregoing are
4. If the building or property is
insured for substantially more
than its actual value at the time of
the issuance of the policy.
5. If during the lifetime of the
corresponding fire insurance
policy more than two fires have
occurred in the same or other
premises owned or under the control
of the offender and/or insured.
6. If shortly before the fire a
substantial portion of the effects
insured and stored in building or
property had been withdrawn
from the premises except in the
ordinary course of business.

7. If a demand for money or other

valuable consideration was
made before the fire in exchange
for the desistance of the offender
or for the safety of other person
Sec. 7. Conspiracy to Commit
Arson.
- Conspiracy to commit
arson shall be punished by
prision mayor in its minimum
period.
Sec. 8. Confiscation of Object of
Arson
- The building which is the
object of arson including the land
on which it is situated shall be
confiscated and escheated to the
State, unless the owner thereof
can prove that he has no
participation in nor knowledge of
such arson despite the exercise of
due diligence on his part.
Sec. 9. Repealing Clause. — 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.

Sec. 10. Effectivity. — This Decree shall

take effect immediately upon
publication thereof at least once in a
newspaper of general circulation.

Done in the City of Manila this 7th

 ARSON AND
OTHER
CRIMES
INVOLVING
DESTRUCTION
REVISED PENAL CODE
January 1, 1932
Book Two: Crimes and
Penalties
Chapter 8
 Art. 320. Destructive
Arson of the Revised Penal
Code was amended by
Presidential Decree 1744
November 11, 1980
Presidential Decree
1744
Sec. 1. Article 320 of the Revised
Penal Code shall read as follows:

“Art. 320. Destructive Arson. — The

penalty of reclusion temporal in its
maximum period 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
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
conveyance 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
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 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 the
burning merely constitutes an overt
act in the commission or another
violation of law.
 The penalty of reclusion
temporal in its maximum period 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
 “If as a consequence of his
commission of any of the acts
penalized under this Article,
death or injury results, or any
valuable documents, equipment,
machineries, apparatus, or other
valuable properties were burned
or destroyed, the mandatory
penalty of death shall be
imposed.”
Sec. 2. Provisions of Articles 320, 321
and 322 of the Revised Penal Code
which are or may be inconsistent
herewith are hereby repealed.

Sec. 3. Effectivity. — This Decree shall

take effect immediately.

Done in the City of Manila, this

11th day of November, in the year of
Our Lord, nineteen hundred and eighty.
 REPUBLIC ACT NO. 5467

AN ACT TO AMEND ARTICLES

THREE HUNDRED TWENTY-ONE (Art.
321) AND THREE HUNDRED TWENTY-
SIX (Art. 326) OF ACT NUMBERED
THIRTY-EIGHT HUNDRED AND FIFTEEN
(RE: OTHER FORMS OF ARSON)

May 12, 1969

Republic Act No. 5467 - An Act To Amend
Articles Three Hundred Twenty-one And
Three Hundred Twenty-six Of Act
Numbered Thirty-eight Hundred And
Fifteen (Re: Other Forms Of Arson)
Section 1. Article Three hundred twenty-
one of Act numbered thirty-eight hundred
and fifteen is hereby amended to read as
follows:

"Art. 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 punished.
"1. By reclusion temporal to 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 the 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 any
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 on the intention of collecting
"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, forests, or planting 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 cases 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 is 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 a dwelling

located in an uninhabited place is set
on fire and the damage caused
exceeds 1,000 pesos;

"(b) If the value of the damage

caused in the case mentioned in
paragraphs (c) and (d) of subdivision 2
"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 next 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
"7. The penalty of prision correccional in
its minimum and medium periods, if the
damage caused in the case mentioned in
paragraph (b) of 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 of the damage caused shall be
imposed, when the property burned
consist of grain fields, pasture lands,
forests, or plantations when the value of
such property does not exceed 200
Revised Penal Code
Art. 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
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.
Art. 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
Art. 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
Art. 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.
Republic Act No. 5467 - An Act To
Amend Articles Three Hundred Twenty-
one And Three Hundred Twenty-six Of
Act Numbered Thirty-eight Hundred
And Fifteen (Re: Other Forms Of Arson)
Sec. 2. Article Three hundred twenty-six of
Act Numbered Thirty-eight hundred and
fifteen is hereby amended to read as follows:

"Art. 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
"Art. 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.
"Art. 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
electronic contrivance designed to start a
fire or ashes or traces of any of the
foregoing;

"2. That substantial amount of

inflammable substance or materials were
stored within the building not necessary in
"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
abovementioned 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;
 "The penalty of prision correccional
shall be imposed on one who plants the
articles abovementioned, in order to
secure a conviction, or as a means of
extortion or coercion."

Sec. 3. This Act shall take effect upon

its approval.

Approved: May 12, 1969

 REPUBLIC ACT NO. 9346
AN ACT PROHIBITING THE IMPOSITION OF
DEATH PENALTY IN THE PHILIPPINES

SECTION 1. The imposition of the penalty of

death is hereby prohibited. Accordingly,
Republic Act No. Eight Thousand One Hundred
Seventy-Seven (R.A. No. 8177), otherwise
known as the Act Designating Death by Lethal
Injection is hereby repealed, Republic Act No.
Seven Thousand Six Hundred Fifty-Nine (R.A.
No. 7659), otherwise known as the Death
Penalty Law, and all other laws, executive
orders and decrees, insofar as they impose
SEC. 3. Persons convicted of
offenses punished
with reclusion perpetua, or
whose sentences will be reduced
to reclusion perpetua, by reason of
this Act, shall not be eligible for
parole under Act No. 4103,
otherwise known as the
Indeterminate Sentence Law, as
amended.
 SEC. 4. The Board of Pardons and Parole
shall cause the publication at least
once a week for three consecutive
weeks in a newspaper of general
circulation of the names of persons
convicted of offenses punished
with reclusion perpetua or life
imprisonment by reason of this Act
who are being considered or
recommended for commutation or
pardon: Provided, however; That
nothing herein shall limit the power of
the President to grant executive
JUNEclemency
24 2006 under Section 19, Article VII of
ARSON CASES
INVOLVING
MINORS
REPUBLIC ACT No. 9344
AN ACT ESTABLISHING A COMPREHENSIVE
JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES.
 CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS

Section 1. Short Title and Scope. - This Act

shall be known as the "Juvenile Justice
and Welfare Act of 2006." It shall cover
the different stages involving children at
risk and children in conflict with the law
from prevention to rehabilitation and
reintegration.
SEC. 4. Definition of Terms. - The
following terms as used in this Act shall
be defined as follows:

"Best Interest of the Child" refers to the

totality of the circumstances and
conditions which are most congenial to
the survival, protection and feelings of
security of the child and most
encouraging to the child's physical,
psychological and emotional
development. It also means the least
detrimental available alternative for
"Child" refers to a person under the
age of eighteen (18) years.

"Child in Conflict with the Law"

refers to a child who is alleged
as, accused of, or adjudged as,
having committed an offense
under Philippine laws.
"Initial Contact With-the Child" refers to the
apprehension or taking into custody of a
child in conflict with the law by law
enforcement officers or private citizens. It
includes the time when the child alleged to
be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of
the Revised Rules of Criminal Procedure or
summons under Section 6(a) or Section 9(b)
of the same Rule in cases that do not require
preliminary investigation or where there is
no necessity to place the child alleged to be
in conflict with the law under immediate
 REPUBLIC ACT NO.
10630

AN ACT STRENGTHENING THE JUVENILE

JUSTICE SYSTEM IN THE PHILIPPINES,
AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9344, OTHERWISE
KNOWN AS THE “JUVENILE JUSTICE
AND WELFARE ACT OF 2006” AND
APPROPRIATING FUNDS THEREFOR
Sec 1. The Title of Republic Act No. 9344
is hereby amended to read as follows: “An
Act Establishing a Comprehensive Juvenile
Justice and Welfare System, Creating the
Juvenile Justice and Welfare Council under
the Department of Social Welfare and
Development, Appropriating Funds
Therefor, and for Other Purposes.”
Sec 3. Section 6 of Republic Act No. 9344 is
hereby amended to read as follows:

“SEC. 6. Minimum Age of Criminal

Responsibility. – A child fifteen (15) years of
age or under at the time of the commission
of the offense shall be exempt from criminal
liability. However, the child shall be
subjected to an intervention program
pursuant to Section 20 of this Act.”
“A child is deemed to be fifteen (15) years of age on
the day of the fifteenth anniversary of his/her
birthdate.”
“A child above fifteen (15) years but
below eighteen (18) years of age shall
likewise be exempt from criminal liability
and be subjected to an intervention
program, unless he/she has acted with
discernment, in which case, such child
shall be subjected to the appropriate
proceedings in accordance with this Act.

“The exemption from criminal liability

herein established does not include
exemption from civil liability, which shall
be enforced in accordance with existing
laws.”
Sec. 6. Section 20 of Republic Act No. 9344 is hereby
amended to read as follows:

“SEC. 20. Children Below the Age of Criminal

Responsibility. – If it has been determined that the
child taken into custody is fifteen (15) years old or
below, the authority which will have an initial
contact with the child, in consultation with the local
social welfare and development officer, has the duty
to immediately release the child to the custody of
his/her parents or guardian, or in the absence
thereof, the child’s nearest relative. The child shall
be subjected to a community-based intervention
program supervised by the local social welfare and
development officer, unless the best interest of the
child requires the referral of the child to a youth care
facility or ‘Bahay Pag-asa’ managed by LGUs or
“SEC. 20-A. Serious Crimes Committed by Children
Who Are Exempt From Criminal Responsibility. – A
child who is above twelve (12) years of age up to
fifteen (15) years of age and who commits parricide,
murder, infanticide, kidnapping and serious illegal
detention where the victim is killed or raped,
robbery, with homicide or rape, destructive arson,
rape, or carnapping where the driver or occupant is
killed or raped or offenses under Republic Act No.
9165 (Comprehensive Dangerous Drugs Act of 2002)
punishable by more than twelve (12) years of
imprisonment, shall be deemed a neglected child
under Presidential Decree No. 603, as amended, and
shall be mandatorily placed in a special facility
within the youth care faculty or ‘Bahay Pag-asa’
called the Intensive Juvenile Intervention and
"SEC. 20-D. Joint Parental Responsibility. –
Based on the recommendation of the multi-
disciplinary team of the IJISC, the LSWDO or
the DSWD, the court may require the parents
of a child in conflict with the law to undergo
counseling or any other intervention that, in
the opinion of the court, would advance the
welfare and best interest of the child.

"As used in this Act, ‘parents’ shall mean any

of the following:

"(a) Biological parents of the child; or

"(b) Adoptive parents of the child; or
"(c) Individuals who have custody of the
"A court exercising jurisdiction over a
child in conflict with the law may require
the attendance of one or both parents of
the child at the place where the
proceedings are to be conducted.”

"The parents shall be liable for damages

unless they prove, to the satisfaction of
the court, that they were exercising
reasonable supervision over the child at
the time the child committed the offense
and exerted reasonable effort and utmost
diligence to prevent or discourage the
“SEC. 22. Duties During Initial Investigation. – The
law enforcement officer shall, in his/her
investigation, determine where the case involving
the child in conflict with the law should be
referred.

“The taking of the statement of the child shall be

conducted in the presence of the following: (1)
child’s counsel of choice or in the absence
thereof, a lawyer from the Public Attorney’s Office;
(2) the child’s parents, guardian, or nearest
relative, as the case may be; and (3) the local
social welfare and development officer. In the
absence of the child’s parents, guardian, or
nearest relative, and the local social welfare and
development officer, the investigation shall be
“The social worker shall conduct an
initial assessment to determine the
appropriate interventions and whether
the child acted with discernment,
using the discernment assessment
tools developed by the DSWD. The
initial assessment shall be without
prejudice to the preparation of a more
comprehensive case study report. The
local social worker shall do either of
the following:
“(a) Proceed in accordance with Section
20 if the child is fifteen (15) years or
below or above fifteen (15) but below
eighteen (18) years old, who acted
without discernment; and

“(b) If the child is above fifteen (15)

years old but below eighteen (18) and
who acted with discernment, proceed to
diversion under the following chapter.”
Typical services provided for youth and families in diversion
programs include one or more of the following:

•Screening and assessment

•Education and tutorial services
•Victim awareness classes and activities
•Service learning programs
•Substance use education and counseling
SENIOR CITIZEN
•Job skills HAS NO
training
PRIVILEGES IN CRIMINAL LAW
•Mental health treatment
EXCEPT A REDUCED PENALTY
•Crisis intervention
•Family counseling
•Parenting skill development
•Supports for rebuilding family relationships
•Quality recreation and organized sports programs

According to the National Center on Mental Health and Juvenile

Justice, services delivered through diversion programs typically
occur in the community either on school campuses, on
community sites, or in the youth’s home.
Are Senior Citizens
exempted from
criminal liability?
“Under RA No. 7432 as amended RA No.
9994, a senior citizen or elderly refers to
any resident citizen of the Philippines at
least sixty (60) years old. Thus, on the
60th birthday of a resident citizen, he
becomes a senior citizen under the law.
However, the concept of seniority in
criminal law is different from that under
RA No. 7432. Under Article 13 (2) of the
Revised Penal Code, the mitigating
circumstance of seniority is present if
the accused is over 70 years of age.
Thus, on his 70th birthday, an offender
is not yet a senior citizen; he becomes
a senior citizen after his 70th birthday.
However, it must be noted that
seniority as a mitigating circumstance
can only be considered if the offender
is over 70 years of age at the time of
the commission of the crime and not
at the time of the promulgation of the
decision (People vs. Reyes, G.R. No.
177105-06, August 12, 2010).”
 General exempting
circumstances are those listed in
Article 12 of the Revised Penal
Code such insanity and Section 6
of RA No. 9344 on minority.
“If the accused is suffering
from senility amounting to
insanity at the time of the
commission of the crime, he is
exempt from criminal liability
due to the circumstance of
insanity and not seniority.”.”.
 “In Juan Ponce Enrile vs.
Sandiganbayan, G.R. No. 213847, August 18,
2015, the Supreme Court allowed Enrile to
post bail for a non-bailable crime of plunder
punishable by reclusion perpetua because
his social and political standing and his
having immediately surrendered to the
authorities upon his being charged in court
indicate that the risk of his flight or escape
from this jurisdiction is highly unlikely, and
due to his currently fragile state of health. In
sum, the Supreme Considered three
circumstances in allowing Enrile to post bail,
 There is nothing in the
Revised Penal Code or in any
other laws that exempt a
senior citizen from criminal
liability.
SENIOR CITIZEN HAS NO
PRIVILEGES IN CRIMINAL
LAW EXCEPT A REDUCED
PENALTY
References:

RA 10630 - October 03, 2013

RA 9344 - April 28, 2006
PD 1744 - November 11, 1980
PD 1613 - March 07, 1979
RA 5467 - May 12, 1969
Revised Penal Code January 01, 1932
Act Nr. 3815 – December 08, 1930