FIRE AND ARSON INVESTIGATION

LEGAL BASIS FOR BFP TO INVESTIGATE ALL TYPES OF FIRE INCIDENT:

During PC/INP days, arson and related cases were under the jurisdiction of the PC,
Police, and Fire Service. Now, investigating arson and related cases is done by the Bureau of
Fire Protection. Under R.A 6975 – An act establishing the Philippines National Police, Bureau of
Fire Protection and BJMP and others under a Reorganized Department of Interior and Local
Government and for other purposes.

The law on arson in Philippines is covered by Articles 320 to 326 of Revised Penal Code,
as amended by PD No. 1613, PD No. 1744, and R.A 6975, Chapter IV Sec.54. Power and
Functions – The Fire Bureau shall have the power to investigate all cases of fires and, if
necessary, file the proper complaint with the City/Provincial prosecutor who has jurisdiction over
arson cases.

Investigation –Is an Inquiry of the facts.

Criminal Investigation –it is an art of identifying the location of the offender and
provides evidence of his guilt through criminal proceedings.

Fire Investigation-Is conducted to determine the cause, origin, and the nature of fire.

Arson Investigation –is conducted to establish the elements of the crime, identity of the
suspect/s and gather evidence to prove his guilt.

Role of Fire Investigator

The primary role of fire investigator is to determine the area of origin, cause, and circumstances
surrounding a fire. Generally, these determinates are based on education and experience using
powers of observation and interviews to eliminate possible causes, to establish a most probable
cause, and to properly support this determination.

PURPOSES OF FIRE INVESTAGTION

To determine what property was damage;

To determine the cause and reasons;

To determine number and extent of injuries involved;

To recommended corrective actions to prevent similar occurrence

Technical Investigation –it is an in-depth investigation to determine more specific details of

the cause and effects and to establish necessary corrective actions.

REASON TO CONDUCT TECHNICAL INVESTIGATION

There is suspicion of arson in connection w/any fire;

There is suspicion of negligence or violation of regulation;

The cause of any fire is undetermined (to establish probable cause);

 There is evidence of negligence or mismanagement in the fire suppression or rescue
operation; Loss of life or disabling as a result of fire.

ROLE OF FIRE/ARSON INVESTIGATOR

To determine that crime has been committed

To identify the victim and offender

To locate and apprehend the suspect

To present evidence of guilt in a criminal proceeding.

Complexity of fire Investigation

While fire investigators generally follows the principle of crime investigation, it is more unique
and complex than other police inquiry. It is more unique in the sense that the fire destroys
evidence.it is more complex because for one thing. If is incendiary or arson, it does not strictly
conform to the character of “consummated offence” as provided for inpar.2, article 6 of RPC.
For another, the crime of arson is planned, motivated committed in secret and rarely can an eye
witness be found who can testify to the sitting of fire.

ARSON –is the malicious burning of property belong to another person, or burning one’s owned
property that expose into danger the life or property of another.

It is a rule of the law in regard to an arson case that every fire incident is presumed to be
accidental in origin and this presumption must be overcome before a case can be mad.
Therefore, it must be proved by the competent witness and physical evidence that:

1.Actual burning took place

2.Actual burning is done with malicious intent

3.It was burn by a person legally and criminally liable.

CHARACTERISTIC OF QUALIFIED ARSON INVESTIGATOR

He should possess knowledge of investigative technique

He should have an insight of human behavior

He should have a firsthand knowledge of the chemistry of fire and its behavior,

He should be resourceful;

He should have a keen power of observation and accurate description