6.

5 The law on destructive arson

LAWS ON ARSON

This chapter will present and point out what are the reasons that contribute to the spread of fire. There are three
principal causes of fire namely: men, women, and children. This statement still has considerable significance because
most of the more than one and a quarter million building fires that occur every year in the United States and Asian
countries particularly the Philippines are cause by human errors either of omission or commission. For that reason
considerable importance is placed upon educating the public along fire prevention lines or programs. For many years we
have referred to the “causes” of fire. This was not always strictly correct. For example, flammable liquids have been listed
as on of the causes of fire, yet flammable liquids cannot alone cause a fire unless some ignition source is provided, and
one may well ask, “What caused the fire, the flammable liquid or the ignition source?

In the United, States, the investigation of fires for their causes and the detection and apprehension of arsonists is
correctly the function of the fire department. Arson and the malicious activities of many persons cause a significant impact
each year in this country and abroad. There are many motives that contribute to these crimes.

The legal authority for investigating fires and prosecuting people who arranged for a fire is usually given to the
State Fire Marshall. But proving a case of arson against one or more persons is another matter entirely, and may not be
possible no matter how convinced the investigator may be of the guilt. The choice of whether to prosecute is up to the
District Attorney’s office as part of the criminal justice system.

In the Philippines, under the DILG or PNP Law, the Bureau of Fire Protection and Public Safety is the main
government agency responsible for the prevention and suppression of all destructive fires on buildings, houses and other
structures, forest, land transportation vehicles and equipment, ships or vessels docked at piers or major seaports,
petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of the Fire Code
(P.D. 1185) and other related law.

It has the major power to investigate all causes of fires, and if necessary, file the proper complaints with the
proper authority that has jurisdiction over the case (R.A. 6975, sec 54).

What Constitute Arson?

1. Burning - there must be burning or changing, i.e., the fiber of the wood must be destroyed or
decomposed, its identity or physical state changed.
2. Willfulness - the act was done purposely and with intention.
3. Motive - the moving cause that induces the commission of the crime.
4. Malice - it denotes hatred or a desire for revenge.
5. Intent - the purpose or design with which the act is done and involves the will to do the act

Methods of Proof in Arson

Most of the physical evidence in arson is often destroyed. To prove arson was committed, Corpus Delicti (the
Body of the Crime) must be shown and the identity of the arsonist must be established.

What is Corpus Delicti?

It is the fact of that crime was committed.

Factors involved

1. Burning
that there was fire that may be shown by direct testimony of complainant, firemen responding to the
crime, and other witnesses of the fire incident. Burned parts of the building may also indicate location.

2. Criminal Design
a willful and intent action done must be shown. The presence of incendiary devices, flammable
substances/materials such as gasoline and kerosene may indicate that the fire is not accidental.

3. Evidence of Intent
when valuables were removed from the building before the fire, the ill-feeling between the accused and
the occupants of the building involved or burned - absence of effort to put off the fire and such other indications.

Points of Origin of Fire

Initially, the important point to be established is the point of origin of the fire, or what particular place in the building the fire
started. This may be obtained or established by an examination of witness/es by the arson investigator, by inspection of
the debris at the fire scene, and by studying the fingerprint of fire
The fingerprint of fire
This occurs during the free-burning stage of the fire, or when it undergoes pyrolytic decomposition or heated gases
move upward on the walls leaving a burnt pattern.

Witnesses must be questioned as to:

• His identity;
• What attracted his attention;
• The time of observation;
• His position in relation to the fire at the time of his observation;
• Exact location of the blaze;
• The rapidity or the speed of spread of the fire;
• Color of flame and odor if he/she is in position to observe this;
• Size and intensity;
• Any other person in the vicinity seen by the witness.

Note Fire Setting Mechanism:

• matches
• candles
• electrical system
• mechanical means
• chemical methods

Motive
Fires are set by:

1. Persons with motives.

 those with desire to defraud the insurer
 employees or such other person who has grievance
 those with desire to conceal evidence of crime
 those who set fire for purposes of intimidation.

2. Persons without motive

• those who are mentally ill
• pathological fire-setters
• Pyros (pyromaniac)
• Psychos

In determining motive, the arson investigator concentrates on the three (3) Major Factors namely:
1. Point of Origin
2. Modus Operandi
3. Beneficiaries

What are the common motives of arsonist?

1. Economic Gain
• Insurance fraud – benefits
• Desire to dispose merchandise - loss of market value being out of season, lack of raw materials, over
supply of merchandise.

2. Profit by the Perpetrator other than the Insured Person

• Insurance agent wishing business with the insured person
• Business competitors plan to drive others
• Person seeking job as personnel protection
• Salvagers and contractors wishing to contract another building.

3. Concealment of Crime
when the purpose of hiding a crime or committing a crime, arson was used as a means.

4. Pyromania
the uncontrollable impulse of a person to burn anything without any motivation.
 Abnormal youth - epileptics, imbeciles and morons
 Hero type - a person responsible setting a building on fire and pretends to discover it, turn the alarm or make
some rescue works to appear as “hero”.
 Drug Addicts and Alcoholics
 Sexual Deviates and Perverts
 Development of Prime Suspects
This identification results from the full development of leads, clues and traces, the testimony of persons
particularly eyewitnesses and the development of expert testimony.

Techniques used in investigating Arson Incidents

 search of the fire scene for physical evidence

 protection of the scene
 mechanics of search
 collection and preservation of evidence
 laboratory aids
 background study of policy holders, occupants of the premises, owner of the building or other person having major
interest in the fire.
 interview and interrogations of person/s who discovered the fire, the person who activated the fire alarm, firemen,
and eyewitnesses.
 surveillance

Tell Tale Signs

These signs maybe obvious that the first fireman at the fire scene will suspect arson:
1. Burned Building
the type of building may indicate a set fire under certain circumstances. A fire of considerable size at the time the
first apparatus arrives at the scene is suspicious if a modern concrete or semi-concrete building is involved.
2. Separate fires
when two or more fire breaks out within a building, the building is certainly suspicious.

3. Color of smoke
some fire burn with little or no smoke but there are exceptions to this. The observation of the smoke must be made
at the start of the fire since once the fire has consumed a major proportion; the value of the smoke is lost, because the
smoke will not indicate the material used by the arsonist.

• When white smoke appears before the water from the fire hose comes in contact with the fire, it
indicates humid materials burning. Examples: hay, vegetables, phosphorous with garlic odor.
• Biting smoke indicates lack of air but if accompanied large flames it indicates petroleum products
and rubber.
• Reddish-brown smoke indicates nitrocellulose. SI,

H2, SO4, HNO3, HCl.

Indication of Color of Smoke and Fire

Color of Smoke Material/Substance

Black smoke with deep red flame Petroleum products such as tar, rubber, plastics, etc.
Heavy brown with bright red flame Nitrogen products
White smoke with bright flame Magnesium products
Black smoke with red and blue green Asphalt
flame
Purple-violet flame Potassium products
Greenish-yellow flame Chloride and manganese products
Bright reddish-yellow flame Calcium products

4. Smoke Marks
an experienced investigator will determine the volume of smoke involved at a fire and the character as residue
deposited on walls or elsewhere. Smoke marks have often been of assistance in determining the possibility of a fire having
more than one place of origin.

5. Color of Flame
The color of the flame is a good indicator of the intensity of the fire, it is an important factor in determining
incendiarism.
• A reddish glow indicates heat of about 5000 ºC., a real light red about 1000 ºC
• Red flames indicate presence of petroleum products
• Blue flame indicates use of alcohol as accelerant

6. Size of fire
The size of fire is important when correlated with the type of alarm, the time received and the time of arrival of the
first responder at the fire scene. Fire makes what might be termed a normal progress. Such progress can be estimated
after an examination of the material burned in the building, and the normal ventilation offered to the fire. The time element
and the degree of headway much by the flames became important factors to determine possible incendiarism.
 7. Direction of Travel
While it is admitted that no two fires burn in identical fashion, yet it can be shown that the fire makes normal
progress through various types of building. Considering the type of construction, the building materials, combustibility of
contents, channel of ventilation and circumstances surrounding the sending of alarm, an experienced investigator can
determine whether a fire has spread abnormally fast.

8. Intensity
The degree of heat given off by a fire and the color of its flame often times indicate that some accelerant has been
added to the material normally present in a building and the investigator must look further for more evidence used of such
accelerant. Difficulty in extinguishing the fire is often a lead to suspect presence of such fluid or liquid as gasoline and
kerosene.

9. Odor
The odor of gasoline, alcohol, kerosene and other flammable liquids which are often used as an accelerant is a
characteristics, and often times an arsonists is trapped because of this tell tale sign. Most of fire-setters are inclined to use
substances which will make the blaze certain and at the same time burn up any evidence of their crime.

10. Condition of Content

Persons tending to set their house on fire frequently remove objects of value either materially or sentimentally.
Store and other business establishments remove a major portion of their content or replace valuable merchandise with, out
of style articles.

11. Doors and windows

Locked doors and obstructed entrance and passageways are sometimes point to an attempt to impeded firemen in
their operation to put out the fire. Doors and windows showing signs of forced entry may point to arson preceded by
burglary or arson by someone without a key to the premises.

12. Other Suspicious Circumstances

Interested by-standers of familiar faces and discovery of some objects which might be part of a mechanical fire-
setting device among debris.

Arson and other crimes involving destruction

Arson
It is the intentional or malicious destruction of property by fire.

The Legal Aspect’s of Arson/Fire Investigation

1. It is the concern of the fire investigator to prove malicious intent of the offender. Intent must be proved,
otherwise no crime exist.
2. The law presumes that a fire is accidental, hence criminal designs must be shown.
3. Fire caused by accident or criminal design must be shown.
4. Fire caused by accident or negligence does not constitute arson.

Basis of Criminal Liability in Arson:

1. Kind and character of the building burned;
2. Location of the building;
3. Extent of value of the damage;
4. Whether inhabited or not.

Destructive Arson is committed by burning of the following:

1. Any arsenal, shipyard, storehouse, military installation, powder or firework factory, ordinance, storehouse,
archives or general museum of the government;
2. Any passenger train or motor vehicle in motion, or vessel out of ports;
3. In an inhabited place, any storehouse or factory of inflammable or explosive materials; and
4. Any theatre, church, cockpit arena, or other buildings where meetings are held, when occupied by
numerous assemblage.

Other forms of Arson

Setting fires to any buildings, farmhouse, warehouse, hut shelter, or vessel in port, knowing it to be occupied at
the time by one or more person/s;
Building burned is a public and purpose is to destroy evidence kept therein to be used in legislative, judicial or
administrative proceedings, irrespective of the damage, if the evidence is to be used against the dependant of any crime
punishable under existing law;
Burned building is a public and the purpose is to destroy evidence kept therein to be used in instituting prosecution
for punishment of violators of law, irrespective of the amount of damage.