FIRE PROTECTION & ARSON INVESTIGATION

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BASIC FIRE INVESTIGATION

In the Philippines, the Bureau of fire Protection 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 equipments, ships or vessels docked at
piers or major seaports, petroleum industry installation, plane crashes and other similar
incidents, as well as the enforcement of the Fire Code and other related laws. It has the major
power to investigate all causes of fires and necessary, file the proper complaints with the proper
authority that has jurisdiction over the case (R.A. no. 6975, sec. 54).

Why Fires should be investigated?

The very reason why fires should be investigated is to determine the cause of the fire in
order to prevent similar occurrences. The determination of the origin and cause of fire is arrived
at only after a thorough investigation. Since basic investigation is prelude to the discovery of
the true cause of the fire, an understanding of the chemistry of fire and its attendant behaviour
should be a concern for successful investigation.

Who are qualified to investigate fires?

A fire investigator should have the following traits:

1. Possession of knowledge of investigational techniques.

2. He should have an insight of human behavior.
3. He should have a first-hand knowledge of the chemistry of fire and its behavior
4. He should be resourceful.

Is Fire Investigation Complex and Unique?

Fire investigation is complex and unique because of the following reasons:

1. Fire destroys evidence

2. If it is Arson, it is planned, motivated and committed is discreet.
3. Rarely can there be an eyewitness in Arson.

What are the roles of the Firemen in Fire Investigation?

Firemen are usually at the crime scene ahead of the fire investigators. Hence, they are
valuable sources of information. They are the so-called “Eyes and Ears” of the police before,
during and after the fire has been placed under control. The information taken from them may
be categorize as:

1. Information attainable or developed prior to the arrival at the scene

2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.

Legal Aspect of Fire Investigation

ARSON defined

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

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

What is Destructive Arson?

Under Article 320 of the Revised Penal Code, as amended, the penalty of Reclusion
Perpetua 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 committed on several or different occasions.
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 fire and regardless also of whether
the building is actually inhabited or not.
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 to 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 reclusion to death shall likewise be imposed when the arson is perpetrated or
committed by two or more persons or by group of persons, regardless of whether their purpose
is merely to burn or destroy the building or the building merely constitutes an overt act in the
commission or another violation of law.

The penalty of Reclusion Perpetua to Death shall also be imposed upon any person who
shall burn:

1. any arsenal, shipyard, storehouse or military power or firework factory, ordinance,

storehouse, archives or general museum of the government.
2. in an inhabited place, any storehouse or factory of inflammable or explosives
materials.

If the consequence of the commission of any of the acts penalized under this Article, death
results, the mandatory penalty of death shall be imposed (sec. 10, RA 7659).

What is the basis of criminal liability in arson?

1. Kind and character of the building burned

2. Location of the building
3. Extent or value of the damage
4. Whether inhabited or not.

What are other forms of arson?

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 Other forms of arson refer to those enumerated under Article 321 of the Revised Penal
Code, as amended like the following:

1. Setting fires to any building, farmhouse, warehouse, hut, shelter, or vessel in port,
knowing it to be occupied at the time by one or more person.
2. Building burned is a public building and value of damage exceeds six thousands pesos
(P6000.00).
3. Building burned is a public building and 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.
4. Building burned is a public building and purpose is to destroy evidence kept therein to
be used in legislative, judicial or administrative proceeding, irrespective of the
damage, if the evidence is to be used against defendant of any crime punishable
under existing law.

Arson of Property of Small Value (Art. 323, RPC)

Burning of any uninhabited hut, storehouse, barn, shed, or any other property, under
circumstances clearly excluding all danger of the fire spreading, value of the property not
exceed 25.00 pesos.

Crimes Involving Destruction (Art 324, RPC)

The offender causes destruction by any of the following means:

1. explosion
2. discharge of electric current
3. inundation, sinking or stranding of a vessel
4. taking up the rails from a railway track
5. malicious changing of railway signals for the safety of moving trains
6. destroying telegraph wires and telegraph post or those any other communication
system
7. by using any other agency or means of destruction as effective as the above

Burning one’s own property as a means to commit arson (Read Case of U.S vs. Budiao, 4
Phil. 502) (Article 325, RPC)

Article 326, RPC – Setting Fire to Property Exclusively Owned by the Offender

This act is punished if the purpose of the offender is to:

1. Defraud or cause damage to another or

2. damaged is actually caused upon another’s property even if such purpose is absent
3. Thing burned is a building in an inhabited place.

Presidential Decree No. 1613 – Amending the Law on Arson

Special Aggravating Circumstance in Arson

1. If committed with intent to gain:

2. If committed with 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 (3 or more persons).

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Prima Facie Evidence of Arson

1. If the fire started simultaneously in more than one part of the building or
establishment
2. If substantial amounts of flammable substance or materials are stored within the
building not necessary in the business of the offender or for house hold use.
3. If gasoline, kerosene, petroleum, or 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, a fire, or ashes or traces
of any of the foregoing are found in the ruins or premises of the burned building or
property.
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 a
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 the safety of the person or property of
the victim.

Arson Investigation

What Constitutes Arson?

1. Burning – to constitute burning, pyrolysis must take place. In other words, there must
be burning or changing, i.e., the fibber of the wood must be destroyed, its identity
changed.
2. Willfulness – means intentional, and implies that the act was done purposely and
intentionally.
3. Malice – it denotes hatred or a desire for revenge.
4. Motive – is the moving cause that induces the commission of the crime.
5. Intent – is the purpose or design with which the act is done and involves the will.

Methods of Proof in Arson

Physical evidences in arson are often destroyed. To prove arson was committed, Corpus
Delicti must be shown and identify of the arsonist must be established. Corpus Delicti (body of
the crime) is the fact of that crime was committed. The following must show it:

1. Burning – that there was fire that may be shown by direct testimony of complaint,
firemen responding to the crime, other eyewitnesses. Burned parts of the building
may also indicate location.
2. Criminal Design – must show that it was willfully and intentionally done. The presence
of incendiary devices, flammables 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,
ill-feeling between the accused and the occupants of the building burned, absence of
effort to put off fire and such other indications.

What are basic lines of inquiry in Arson Investigation?

The arson investigator must have to inquire on the following a) point of origin of fire b)
motives of arsonist c) prime suspects d) the telltale signs of arson.

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 1. Point of origin of fire

Initially, the important point to be established is the point of origin of fire. In other words, at
what particular place in the building the fire started? This may be established by an examination
of the witness, by an inspection of the debris at the fire scene and by studying the fingerprint of
fire. The fingerprint of fire occurs during the free burning stage of the fire when pyrolytic
decomposition moves upward on the walls leaving a bunt pattern.

Witnesses must be questioned as to:

1. His identity
2. What attracted his attention
3. Time of observation
4. His position in relation to the fire at the time of observation
5. Exact location of the blaze
6. Size and intensity
7. Rapidity of spread
8. Color of flame and odor if he is in a position this
9. Any other person in the vicinity beside the witness

Note fire setting mechanism

1. matches
2. candles
3. electrical system
4. mechanical means
5. chemical methods

2. Motive of Arsonist

To understand the motives of arsonist, the arson investigator has to note the following
that fires are set by:
Persons with Motives

a. Those with desire to defraud the Insurer

b. Employees or such other person who have a grievance (Fire revenge)
c. Those with desire to conceal evidence of a crime
d. Those who set fire for purposes of intimidation

People without motives

a. Those who are mentally ill

b. Pathological fire-setters
c. Pyros and the Psychos

Motives of Arsonist

1. Economic Gain
a. Insurance fraud – benefiting
b. Desire to dispose merchandise – lost of market value being out of season, lack of
raw materials, over supply of merchandise can be a big reason for arson.
c. Existing business transaction that the arsonist would like to avoid such as
impending liquidation, settlement of estate, need for cash, prospective business
failure, and increase rentals

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 d. Profit by the Perpetrator other than the Assured like insurance agents wishing
business with the assured, business competitors planning to drive others, person
seeking job as personnel protection, salvagers and contractors wishing to contact
another building
2. Concealment of Crime - When the purpose of hiding a crime or committing a crime,
arson was used as means.
3. Punitive Measure - Committing arson to inflict injury to another due to hatred,
jealousy and revenge.
4. Intimidation or Economic Disabling - Arsonist as saboteurs, strikers and racketeers to
intimidate management or employer.

Pyromania

A pyromaniac is a person having the uncontrollable impulse to burn anything

without any motivation. They do not run away from the fire scene since they love
watching fire burning.

Types of Pyromania

a. Abnormal Youth – epileptics, imbeciles and morons

b. Hero Type – a person set a building on fire and pretends to discover it, turn on
the alarm or make some rescue works to appear as “hero”
c. Drug addicts and alcoholics
d. Sexual deviates and perverts.

3. Prime Suspects (and the Prima Facie Evidence)

The development of prime suspects - this involves identification results from the full
development of leads, clues and traces, the testimony particularly eyewitnesses and the
development of expert testimony, the following technique may serve the investigation:

1. Search of the fire scene for physical evidence:

a. Protection of the scene
b. Mechanics of search
c. Collection and preservation of evidence
d. Laboratory aids

2. Background study of policyholders, occupants of premises, owner of building or other

person having major interest in the fire.
3. Interviews and interrogations of persons who discovered the fire, and the one who
turned the first alarm, firemen, and eyewitnesses.
4. Surveillance

4. The Tell-Tale Signs of Arson

These signs maybe obvious that the first fireman at the scene will suspects arson or they
maybe so well concealed that moths of patient investigation to show that it is set off will be
required.

1. Burned Building – the type of the building may indicate a set fire under certain
circumstance. A fire of considerable size at the time the first apparatus arrive at the
scene is suspicious if it is a modern concrete or semi-concrete building.

2. Separate fires – when two or more separate fire breaks out within a building. The fire
is certainly suspicious.

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3. Color of Smoke – some fire burn with little or no smoke but they are exception. The
observation of the smoke must be made at the start of the fire since once the fire has
assumed a major proportion, the value of the smoke is lost, because the smoke will not
indicate the material used by the arsonist

a.) When white smoke appears before the water from the fire hose comes in
contact with the fire, it indicates humid material burning. Example – burning
hay, vegetable materials, phosphorus (with garlic odor).
b.) Biting smoke, irritating the nose and throat and causing lachrymation and
coughing indicates presence of chlorine.
c.) Black smoke indicates lack of air if accompanied by large flames it indicates
petroleum products and rubber.
d.) Reddish-brown smoke indicates nitrocellulose, S1, H2, S04, HN03, or HCI.

e.) Meaning of color of Smoke and Fire:

• Black smoke with deep red flame – petroleum products, 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 flame – asphalt
• Purple-violet flame – potassium products
• Greenish-yellow flame – Chloride or Manganese products
• Bright reddish yellow flame – Calcium products

4. Color of flame – The color of the flame is a good indication of the intensity of the fire,
an important factor
in determining incendiarism.

5. Amount of Heat – A reddish glow indicates heat of 5000 degrees centigrade, a real
bright read about 100 degrees centigrade. Red flames indicate of petroleum. Blue flame
indicates use of alcohol as accelerant.

6. Smoke Marks – An experience investigation 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.

7. Size of Fire – This is important when correlated with the type of alarm, the time
received and the time of arrival of the first fire apparatus. Fires make what might be
termed a normal progress. Such progress can be estimated after an examination of the
material burned the building and the normal ventilation offered of the fire. The time
element and the degree of headway by the flames become important factors to determine
factors to determine possible incendiarism.

8. Direction of Travel – While it is admitted that no two fires burn in identical fashion, yet
it can be shown that fire makes normal progress through various types of building
materials, combustibility of contents, channel of ventilation and circumstances
surrounding the sending of alarm, an experienced investigator can determine whether a
fire spread abnormally fast.

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

10. Odor – The odor of gasoline, alcohol, kerosene and other inflammable liquids which
are often used as accelerant is characteristics and oftentimes arsonist is trapped because
of this telltale sign. Most of fire – setters are inclined to use substance which will make
the blaze certain and at the same time burn up any evidence of their crime.

11. 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 oftentimes remove a major portion of their content or replace valuable
merchandise without of style articles.

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