ARSON

ARSON

• Willful and malicious burning of property for the purpose of

collecting insurance money, covering up a crime, destroying
physical property or documents, or as a threat or act of vengeance
or hatred.
• The crime of maliciously and intentionally, or reckless, starting a
fire or causing an explosion.
• It comes from the greek word “ARSIO” meaning to burn.
 INVESTIGATION

• An art that deals with the identity and

location of the offender and provides
evidence of his guilt in criminal
proceedings.
What constitute Arson?

• Burning – to constitute burning,

pyrolysis must take place. In other
words, there must be burning or
changing, i.e. the fiber of the wood must
be destroyed, its identity changed.
What constitute Arson?
• Willfulness – means intentional and implies that
the act was done purposely and intentionally.
• Malice – denotes hatred or ill will or a desire for
revenge; deliberate intention of doing unjustified
harm for the satisfaction of doing it.
• Motive – the moving cause which induces the
commission of a crime; something that leads or
influences a person to do something.
• Intent – the purpose or design with which the act
is done and involves the will; an essential element
of crime, motive is not.
CORPUS DELICTI – body of the crime, the fact that
crime was committed. It must be shown by the
following:
Burning – that there was fire which may be shown by
direct testimony of complainant, firemen responding
to the crime, other eyewitnesses. Burned parts of the
building may also indicate location.
Criminal design – must show that it was willfully and
intentionally done. The presence of the incendiary
devices, flammables such as gasoline, kerosene, may
indicate that the fire was not accidental.
Evidence of Intent – when valuables were removed
before the fire, ill feeling between the accused and the
occupants of the building burned, absence of effort to
put out the fire and such other indicators.
 TECHNIQUES AND FACTORS
CONSIDERED IN DETERMINING THE
POINT OF ORIGIN
Techniques and factors considered in
determining the point of origin

• Firemen, occupant’s passersby and other

who arrived at the fire scene during the
early stages of the fire may provide
information relating to the location of the
fire in its early stages.
 Techniques and factors considered in
determining the point of origin
• The obvious presence of “trailers” multiple
separate fires, incendiary devices and other
suspicious articles may immediately reveal the
origin and cause of the fire, especially in those
instances when an attempted arson has failed
because the fire was rapidly extinguished or it
“burned out” because the arsonist failed to
properly ventilate it.
 KINDS OF FIRE PATTERNS

• Linesor Areas of Demarcation – These are

borders defining the differences in certain heat
and smoke effects of the fire upon various
materials. They appear between the affected
area and adjacent unaffected or less affected
area.
• Line of demarcation. The line that is the
border between two different fire
effects on a material. One example is a
line of demarcation on a wall with
smoke staining above and none below.
This line shows the height of the smoke
layer in the room.
Classic “V”
“Inverted Cone” on an Object
“Inverted Cone”
Protected Area (Surface)
“Clean Burn”
“Rundown Burn”
Ignitable Liquid Pour Pattern
The following indicators were present when
this pattern was excavated that helped to
establish that this pattern resulted from an
ignitable liquid pour and was not caused by
falling, burning debris or from a flashover
effect:
Investigators later helped establish this
"wear pattern" by pouring fresh water
onto the linoleum floor (once
documentation and evidence collection
were completed). The water collected
in the same area where the burn pattern
was present.
Accelerants with high vapor pressure,
such as alcohol or acetone, tend to
"flash and scorch" a surface, whereas
accelerants with higher boiling
components, such as gasoline, tend to
"wick, melt, and burn," leaving stronger
patterns.
In this case, samples were taken from
the pattern intersection with the
threshold board at the bottom center
and the floor molding and threshold
board at the top right and center
revealed the presence of a residue of
"mineral spirits" (paint thinner).
Comparison samples taken from
unburned molding (at the extreme left
of the photograph) plus adjacent
linoleum revealed no presence of
ignitable liquid residue.
A witness who was in an adjoining, third floor apartment stated
that she felt and heard a "boom" after which she went to her
corridor door and opened it slightly. She watched the apartment
building owner exit from the apartment where the fire began, close
the door and go out a fire exit. Seconds later, she described "light
smoke that quickly became dark smoke" pushing out from the door
seams across the hall. The building's smoke alarm went off and
she quickly exited the building. She also said that within two
minutes of making these observations, she went to the landlord
and told him that there was smoke coming from the apartment.
She later testified that he said nothing and failed to go and check
to situation.
 Charring (Alligatoring)
It is an exposure of elevated
temperatures in which a material
undergoes chemical decomposition
that drives off gases, water vapor,
and various pyrolysis products of
smoke. Char shrinks as it forms, and
develops cracks and blisters.
 Fusion

Is the change in formation

of metals, glass or plastic
due to being exposed to
high temperatures,
sometimes it is called
melting.
 Spalling

 Is the breakdown in tensile

strength of concrete or brick,
usually accompanied by a color
change. Sometimes it causes
chipping.
 The chipping or pitting of
concrete or masonry surfaces
due to fire.
 Pour Pattern

 Pour patterns often are

characterized by intermixed
light, medium, and heavy
burning in a puddle shape that
corresponds to the shape of
the original pool of the
ignitable liquid.
 Crazing

 A pattern or network
of fine, irregular
lines in glass and
wood.
 Motives of Arson

a.Economic gain
b.Concealment of Crime
c.Punitive Measure
d.Pyromania
e.Public Disturbance
f. Vandalism is a general term denoting
to destroy properties.
 A. Economic Gain

1.Insurance fraud with the assured

directly benefiting:
Desire to move – the premises may no
longer be desirable because of the
condition of the building, the fact that
the quarters are outgrown or because of
the locality.
Disposing of Merchandise – the stocks
on hand may have lost value by reason
of the seasonal nature of business,
obsolesce, scarcity of materials
necessary to complete the contracts,
overstock in the absence of expected
order or a changing market.
Property Transaction – the business
itself may no longer be desirable
because of impending liquidation,
settlement of an estate of which it is a
part, the need for cash, prospective
failure, the comparatively greater value
of the land, or the comparatively greater
value of the insurance benefits.
 B. Economic Gain
2. Profit by the Perpetrator other than the
assured:
Insurance agents wishing business
Insurance adjusters desiring to adjust a loss
by securing a contract
Business competitors
Persons seeking jobs as protection personnel
Salvagers
Contractors wishing to rebuild or wreck
 C. Punitive Measure

Arsonists may use fire as a means

of punishing another person for
reason of jealousy, hatred or
revenge.
 D. Intimidation or Economic
Disabling

Fire may be used as a weapon of the

saboteurs, the strikers or the
racketeers to intimidate or to
disable economically as a step
toward forcing submission to
certain demands.
 Types of Pyromaniacs

Abnormal Youth
The Hero Type
Alcoholics and Drug Addicts
Sexual Deviates
 Abnormal Youth

Epileptics, embiciles and morons

may set fire without knowing the
seriousness of the act.
 The Hero Type

A person may set fire on a

building, subsequently pretends to
discover it and turn in the alarm so
that he will appear a hero to the
public. A person may burn a
building and endeavor to achieve
spectacular rescue in order to
attract the attention of spectators.
 Alcoholics and Drug Addicts

Persons who subject themselves

to intense artificial stimulants such
as narcotics sometimes develop a
strong urge toward incendiaries.
 Sexual Deviates
Some sex perverts derive sexual
stimulation from setting a fire and
watching the flame. Frequently, he
is chronic masturbator who
stimulates and enhances his
sexual gratification by means of
arson.
 F. Public Disturbance

An offender may resort to arson

as a means of a public disturbance
because a fire attracts people and
destruction causes confusion that
gives rise to attendant problems
that divert police attention.
 G. Vandalism

Is a general term denoting

intentional burning to destroy
properties.
 Burned Building
The type of the building may
indicate as set fire under some
circumstances. A fire of
considerable size at the time
the first apparatus arrive at the
scene if it is a modern concrete
or semi-concrete building.
 Separate Fires

When two or more separate

fires break out within a building
the fire is certainly suspicious.
 Color of Smoke
Some fires burn with little or
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.
 Direction of travel
While it is admitted that no two fires burn in
identical fashion, yet it can be shown that fire
make 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.
 Intensity
The degree of heat given off by a fire
and the color of its flame oftentimes
indicate that some accelerants has been
added to the material normally present
in a building and the investigator must
look for further evidence pointing to use
of such accelerants. Difficulty in
extinguishing the fire is often a lead to
suspect presence of such fluid as
gasoline and kerosene.
 Odor
The odor of gasoline, alcohol, kerosene
and other inflammable liquids which are
often used as accelerant is
characteristic and oftentimes arsonists
are trapped because of this tell-tale
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.
 Condition of Content
persons tending to set their
house on fire frequently remove
objects of value either materially
or essentially. Store and other
business establishments
oftentimes remove a major
portion of their content or replace
valuable merchandise without of
style article.
 Doors and windows
Locked doors and obstructed
entrance and passage ways
sometimes point to an attempt to
inspect firm in their fight to put
out the fire. Doors and windows
showing signs of forced entry
may point to arson preceded by
burglary or arson but someone
without a key to the premises.
 Other suspicious circumstances

Interested bystanders,
familiar faces and discovery of
some objects which might be
part of a mechanical fire
setting device among debris.
 What then the firemen should do
when responding to a fire scene?
I. Observing general conditions at the
scene of the fire.
A. Upon approaching the Fire
Observing the elements. The record
of a fire should include weather
conditions.
Observe persons and automobiles
Observe color of smoke and flame
1. Color of smoke is a rather reliable indication of the type
of fire to be extinguished
2. Color of flame – substances burning are responsible for
both color of smoke and color of flame.
 When white smoke appears before the water from the fire
hose comes in contact with the fire, it indicates humid
material burning. E.g. – burning hay, vegetable materials
 Biting
smoke, irritating the nose and throat and causing
coughing indicates presence of chlorine.
 Whitesmoke with yellow flame – indicates burning of
humid materials. Example: burning hay, vegetable matter.
 Black Smoke accompanied by large flame – indicates use
of petroleum products or rubber and plastics.
 Reddish brown smoke – presence of nitrocellulose sulfur,
sulfuric acid, nitric acid, hydrochloric acid.
Meaning of color of Smoke and Fire:
 Red flame – presence of petroleum
 Blue flame – presence of alcohol, aldehyde or ketone
 Biting smoke – irritating to nose and caused coughing
indicate presence of chlorine.
 Garlic odor smoke – presence of phosphorous,
 Heavy brown smoke with bright red flame – Nitrogen
products.
 White smoke with bright white flame – Magnesium
 Black smoke with red and blue flame – Asphalt
 Purple or lavender flame – Potassium
 Greenish – yellow flame – Chlorine or manganese
 Bright reddish yellow flame - Calcium
B. Upon Arrival at the Fire Scene
1. Observe number of separate fires, intensity and rapidity of
spread.
 Was there more than one fire burning?
 Were doors fastened in an open position to allow the fire to
spread
2. Observe odors and methods required to extinguish flames.
 Odors detected at fire are often of value in determining
what flammable substances were present.
II. Observing condition of building openings at the time of
fire.
1. Find out whether doors and windows are locked.
 Thepossibility of outsiders having gained entrance is
important.
2. Determine condition of doors, windows and locks.
 The presence of “jimmy marks” on jambs might be
indicative of robbery followed by arson to cover the crime.
3. Observing owners, occupants and bystanders at the time
of a fire.
 Observe dress and manner of persons at the fire.
 Look for familiar faces.
Locating evidence of fire causes
1. Look for indications of arson intent.
Multiple fires
 Odors – Ammonia has a very pungent odor readily
recognizable by firemen. It is generally used by the arsonist
to keep firemen out of a building, or in an attempt to “kill”
the odor of gasoline.
 Undue Wood Charring and Uneven Wood Burning – The
application of petroleum products to wood causes a deep
unnatural burning.
 InoperativeSprinkler, and Fire Doors – Arsonists may
tamper supply valves and silence the alarms.
2. Look for arson materials and arson equipment.
“plants” “trailers” “Accelerants”
IV. Protecting and preserving evidence
Two things should be kept clearly in mind:
Keeping the evidence where it is,
untouched and undisturbed, if at all
possible.
Properly identifying, removing and
safeguarding such evidence.
V. Points on protecting and preserving
evidence
1. Evidence remaining at the scene of a fire
can be protected in various ways:
Do overhauling and salvage work carefully
Handle evidence as little as possible
Place barricades, or rope off area around
evidence.
Have photos taken by a qualified
photographer at the scene of the fire when
evidence must be removed.
VI. Observing condition of contents of a
building involved in a fire
1.Watch for indications of removal of
personal articles. –Jewelries; any valuable
item or item with sentimental value
2.Watch for indications for removal of
valuable merchandise.
VII. Recording and reporting observations
made at a fire
1. Note taking
Record unusual circumstances or
conditions which may be of a suspicious
nature with respect to the origin of the fire.
Notes are used in court for the purpose of
refreshing the memory.
VIII. Appearing in court in an arson case:
The fire investigator acting as a witness
should make every effort, to present his
testimony in all fairness to the defendant.
FIRE INVESTIGATOR’S RESPONSIBILITY IN
FIRE INVESTIGATION
The fire investigator is a specialist operating
in a unique field. (F.I. vs. C.I)
The fire investigator is a person with the
field experience and technical training
necessary to collect and evaluate factual
information and identify criminal activity in
situations where others perceive only
confusion and chaos.
GOAL OF THE FIRE INVESTIGATOR
1. Primary Goal
 To determine the truth
 In seeking the truth, the investigator must complete a post-
fire examination of the structure or vehicle that is subject
of a suspicious fire and determine the origin and cause of
the fire.
2. Secondary Goal
 To identify and move against those responsible
 A fire investigator who has reason to believe that arson was
committed is morally and professionally obliged to
developed the case to its fullest extent.
Determining the Origin and Cause of the Fire
1. The main reason for conducting a post-fire examination
 “Point of origin” of a fire is the location where the fire
started.
 The term “area of origin” is sometimes used when fire
originates over large tract of space, on when the exact
point of origin cannot be determined.
 “Multiple points of
origin” are said to exist when there is
more than one place of beginning.
Exterior Examination
 The exterior examination begins with interviewing of the
fire department officers, firefighters, and police officers
that were first at the scene as well as spectators.
 Firemen are considered as the “ears and eyes of fire
investigators”.
The initial interviews should cover the following types of
information:
1. Was the structure fully involved?
2. Were the doors and windows open or closed?
3. Were any unusual odor noticed?
4. Where hydrants, standpipes, and sprinkler systems operational?
 Theinvestigator should examine and evaluate the fire
damage on the exterior.
Interior Examination
 With the exterior examination completed, the investigation
shifts to the inside of the structure.
 Try to reconstruct mentally what happened during the fire.
(Reconstruct the Crime Scene)
 Room and Point of Origin.
 A fire generally burns longest at or near its point of
origin
because enough oxygen is available there during the early
stage. Therefore, the room with the greatest damage is
most apt to be the room of origin.
 Locating, this room is very significant because it contains
the point or area of the fire’s origin as well as clues to its
cause.
Photography
 Every piece of evidence should be photographed in place
(over-all and close-up) before it is removed for processing.
 Sketch Purpose
 Primary purpose is orientation, to show the relationship of
objects to each other
 To give an overall view of the scene that can’t be correctly
depicted by photographs.
 To eliminate items not important to the investigation.
 Sketch of Locality – it deals with crime scene in relation to
environs use in Arson.
Evidence Collection
 Physical evidence is any finite or tangible materials,
whether in trace or gross quantity, that may assist in
proving the elements of a crime.
 The proper recognition, documentation, collection,
analysis and interpretation of physical evidence can
provide valuable information to the investigation.
 P.E. are mute evidence but they speak for themselves and
they don’t tell lies compared witnesses or complainants.
Collection and preservation of evidence in a Fire Scene
 Collect the specimen in a safe and proper container.
 Label the specimen collected properly indicating the place
where the specimens are taken.
 Put the date, time and the name of person collecting the
specimen
 If the specimen is liquid, put inside the refrigerator to
prevent volatilization (container should be covered).
 Transport the specimen to the laboratory with the letter
request for examination.
Methods of Examinations
 Preliminary Test- ashes or debris suspected to contain
inflammable substance is placed on a wide mouth test
tube/glass with fitted rubber stopper and heated, fumes
evolved is tested with SUDAN or RHODOKRIT powder.
 Steam Distillation
 Instrumental Analysis
 Reporting of final Results
Basis and Extent of Criminal Liability
in Arson
Kind and character of the building
Its location
Extent of damage of value
Its state of being inhabited or not
IV. Stages in the Commission of Arson
A. Attempted Arson
A person intending to burn a wooden
structure, collects some rags, soaks them in
gasoline and places them beside the
woodenwall of the building. When he is
about to light a match to set fire to the rags,
he is discovered by another who trail him
away.
The crime committed is attempted arson,
because the offender begins the
commission of the crime directly by
overacts (placing the rags soaked in
gasoline beside the wooden wall of the
building and lighting match) but he does not
perform all the acts of execution (the setting
of the fire to the rags) due to the timely
intervention of another who chases away)
the offender.
B. Frustrated Arson
 The fact of having set fire to some rags and
soaked in kerosene oil and placed near the
partition of the entire soil of an inhabited house,
should not be qualified as a consummated arson,
in as much as part of the house had begun to burn,
although fire would have started in the said
partition had it not been extinguished on time. The
crime committed was frustrated arson.
 If the person was able to light the rags but the fire
was put out before any part of the building was
burn.
C. Consummated Arson
Ifbefore the fire was put out, part of
the building was burned.
V. Who commits Arson?
Anyone who burns or sets fire to the
property of another
Anyone who sets fire to his own property
under circumstances which expose to
danger the life or property of another (Sec.
1 PD 1613)
VI. Destructive Arson (Sec 2. PD 1613) The
penalty of Reclusion Temporal in its maximum
period to Reclusion Perpetua shall be
imposed of the property burned is any of the
following:
Any ammunition factory and other
establishment where explosives,
inflammable or combustible materials are
stored.
Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
Any church or place of worship or other
building where people usually assemble.
Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation
of persons or property
Any building where evidence is kept for use
in any legislative, judicial, administrative or
other official proceedings.
Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping center,
public or private market, theater or movie
house or any similar place or building.
Any building, whether used as a dwelling or
not, situated in a populated or congested
area.
VII. Other Cases of Arson (Sec 3. PD 1613) The penalty of
Reclusion Temporal to Reclusion Perpetua shall be imposed
if the property burned is any of the following:
 Any building used as offices of the government or any of
its agencies;
 Any inhabited house or dwelling;
 Any industrial establishment, shipyard, oil well or mine
shaft, platform or tunnel;
 Any plantation, farm, pastureland, growing crop, grain
field, orchard, bamboo grove or forest;
 Any rice mill, sugar mill, cane mill or mill central; and
 Any railway or bus station, airport, wharf or warehouse.
VIII. Special Aggravating Circumstances in Arson (Sec 4. PD
1613) The penalty in any case of arson shall be imposed in its
maximum period; If committed with the intent to gain;
 If committed for the benefit of another;
 If the offender is motivated by spite or hatred towards the
owner or occupant of the property burned;
 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.
IX. Prima Facie Evidence of Arson (Sec. 6. PD 1613)
 Ifthe fire started simultaneously is more than one part of
the building or establishment.
 If substantial amount of flammable substances or
materials are stored within the building note necessary in
the business neither of the offender nor for household
 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,
or ashes or traces of any of the foregoing are found in the
ruins or premises of the burned building or property.
 If the building or property is insured for substantially more
than its actual value at the time of the issuance of the
policy.
 Ifduring 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.
 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.
 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 the person or property of the
victim.
FIRE CODE OF THE PHILIPPINES
ACT 9514
Approved on December 19, 2008
Repealed PD 1185
Known as the “Revised Fire Code
of the Philippines of 2008
 FIRE TRAP FIRE HAZARD ABATEMENT

A building unsafe in Any condition or act Any act that would

case of fire because which increases or remove or
it will burn easily or may cause an neutralized a fire
because it lacks increase in the hazard
adequate exits or probability of the
fire escapes occurrence of fire,
or which may
obstruct, delay,
hinder or interfere
with the fire fighting
operations and the
safeguarding of life
and property.
 Duct System

A continuous
passageway for the
transmission of air.
Damper
A normally open
device installed
inside an air duct
system which
automatically closes
to restrict the
passage of smoke or
fire.
Ember
A hot piece or lump
that remains after a
material has partially
burned, and is still
oxidizing without the
manifestation of
flames.
Fire Trap
A building unsafe in case of fire
because it will burn easily or
because it lacks adequate exits or
fire escapes.
Fire Alarm
Any visual or audible signal
produced by a device or
system to warm the
occupants of the building or
fire fighting elements of the
presence or danger of fire to
enable them to undertake
immediate action to save life
and property and to suppress
the fire.
Fire Door
A fire resistive door
prescribed for
openings in fire
separation walls or
partitions.
Hose Box
A box or cabinet
where the fire hoses,
valves and other
equipment are
stored and arranged
for fire fighting.
Hose Reel
Is a cylindrical
spindle made of
either metal,
fiberglass, or
plastics and is used
for storing a hose.
Self-Closing Doors
Automatic closing
doors that are
designed to confine
smoke and heat and
delay the spread of
fire.
Smelting
Melting or fusing of
metallic ores or
compounds so as to
separate impurities
from pure metals.
Standpipe system
A system of vertical
pipes in a building to
which fire hoses can be
attached on each floor,
including a system by
which water is made
available to the outlets
as needed.
Vestibule
A passage hall or
antechamber
between the outer
doors and the
interior parts of a
house or building.
Vertical Shaft
An enclosed vertical
space of passage
that extends from
floor to floor, as well
as from the base to
the top of the
building.
 Inspection Order
Fire Inspection
PASSED: FAILED:
 Fire Safety
Inspection Notice of
 Certificate Disapproval
 Occupancy
Permit
 The following are declared as
prohibited act and omission.

a) obstructing or blocking the exit ways or across

to buildings clearly marked for fire safety purposes,
such as but not limited to aisles in interior rooms,
any part of stairways, hallways, corridors,
vestibules, balconies or bridges leading to a
stairway or exit of any kind, or tolerating or
allowing said violations;
b) Constructing gates, entrances and walkways to
buildings components and yards obstruct the
orderly passage of fire fighting and equipment;
c) Prevention, interference or obstruction of any
operation of the Fire Service, or of duly organized
and authorized fire brigades;
d) Obstructing designated fire lanes or access to
fire hydrants;
e) Overcrowding or admission of persons beyond
the authorized capacity in movie houses, theaters,
coliseums, auditoriums or other public assembly
buildings, except in other assembly areas on the
ground floor with open sides or open doors
sufficient to provide safe exits;
f) Locking fire exits during period when people are
inside the building;
g) Prevention or obstruction of the automatic
closure of fire doors or smoke partitions or
dampers;
h) Use of fire protective of fire fighting equipment
of the fire service other than for fire fighting in
other emergencies where their use are justified.
i) Giving false or malicious fire alarms;
j) Smoking in prohibited areas as may be
determined by fire service, or throwing of cigars,
cigarettes, burning objects in places which start or
cause fire.
Electrical Arc
An extremely hot luminous
bridge formed by passage
of an electric current
across a space between
two conductors or
terminals due to the
incandescence of the
conducting vapor.