Engr.

Edwin M Golez
Fire Arson Investigator
Bureau of Fire Protection-National Capital Region
 Determine the significance of studying fire
and arson investigation;
 Describe satisfactorily the methods of fire
investigation;
 Explain the legal provisions relative to the
investigations of acts involving incendiarism;
and
 Discuss the legal aspects of arson.
 Law & Jurispudence
 Preliminary Investigation
 Questioning Principal Suspects
 Motives
 The crime of maliciously,
voluntarily, and willfully
setting fire to the
building(s), or other
property of another or of
burning one’s property.
 The collection of facts to accomplish a three fold aim:
a. To identify the guilty party;
b. To locate the guilty party; and
c. To provide evidence of his guilt
An investigation may be:
CRIMINAL INVESTIGATION – the action taken by law enforcers after
the arrest of the offender of upon the written complaint of the
offended party so that the perpetuator may be held accountable for
the crime he has committed before the bar justice.
CUSTODIAL INVESTIGATION – is the skilful questioning of a suspect or
a hostile witness to divulge information concerning the crime under
investigation;
FIRE INVESTIGATION – the process of determining the origin, cause,
and development of a fire explosion
 Articles 320 to 326 of the Revised Penal
Code
- As amended by PD 1613, PD No 1744 and
Sec 54 of RA 6975 providing the BFP power
to investigate all cases of fires and, if
necessary file the proper complaint with the
City/Provincial prosecutor who has
jurisdiction over the arson case.
 Art 320. Destructive Arson –
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
act of burning, or as a result of
simultaneous burnings, or
committed on several
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
government function or business, private
transaction, commerce, trade workshop,
meetings and conferences merely incidental to a
definite purpose such as but not limited to hotels,
motels, transient dwellings, public conveyance, or
stops or terminals of whether 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 appurtence thereto, which are
devoted to the service of public utilities.
 Irrespective of the application of the
above enumerated qualifying
circumstances, the penalty of
reclusion perpetuato death shall
likewise be imposed when the arson
is perpetuated or committed by two
5. Any building, the burning of which
or more persons or by group of
is for the purpose of concealing or persons, regardless of whether their
destroying evidence of another purpose is merely to destroy the
violation of law, or for the purpose building or the burning merely
of concealing bankruptcy or constitutes an over act in the
defrauding creditors or to collect commission or another violation of
from insurance. the law.

Note: Only reclusion perpetua may

be imposed under RA 9346
The penalty of reclusion perpetua to death shall
only be imposed upon any person who shall
burn:
1. Any arsenal, shipyard, storehouse, or
military powder or fireworks factory,
ordinance storehouse, archives or general
museum of the Government.
2. In an inhabited place, any storehouse or
factory of inflammable or explosive
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. (as amended RA 7659)

 ART 321. Other forms of arson – where the

arson consists in the burning of other
property and under the circumstances given
hereunder, the offender shall be punishable:
 1. By reclusion temporal or 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 the 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 damage:
Provided however, that if the evidence destroyed is to
be used against the defendant for the prosecution of
any crime punishable under the existing laws, the
penalty shall be reclusion perpetua.
(e.) If the arson shall have been committed with the
intention of collecting under an insurance policy
against loss or damages by fire.

2. By reclusion temporal:

(a.) If the inhabited house or any other building in

which people are accustomed to meet is set on fire,
and the culprit did not know such house or building
was occupied at the time, or if shall set fire to a
moving freight train or motor vehicle, and the value of
the damaged caused exceeds 6000 pesos;
(b.) If a farm, sugar mill, cane mill, mill central, bamboo
groves or any similar plantation is set on fire and the
damage caused exceeds 6000 pesos;

3. By prison mayor:

(a.) If the value of the damage caused in the cases

mentioned in paragraphs (a), (c), and (d) in the next
proceeding subdivision does not exceed 6000 pesos.
(b.) If a building not used as dwelling or place of
assembly, located in a populated place, is set on fire
and the damaged caused exceeds 6000 pesos;
i. Actual burning took place
ii. Actual burning is done with malicious intent
iii. The actual burning is done by person (s)
legally and criminally liable
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 &
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.
Any of the following circumstances shall constitute
prima facie evidence of arson:
1. If after the fire, materials or substances soaked in
any inflammables, or any mechanical, electrical,
chemical or electronic contrivance, desired to start a
fire or ashes or traces of any of the foregoing are
found;
2. The substantial amount of inflammable substances
or materials not necessary in the course of the
defendant’s business were stored within the
building;and
3. That the fire started simultaneously in more than part
of the building or locate 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 stated
circumstances:

a. That the total insurance carried on the building

and/or goods is more than 80% of the value of such
building and/or goods at the time of the fire.
b. That the defendant after the fire has presented
a fraudulent claim or loss.
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 offended nor for household use;
3. If gasoline, kerosene, 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 foregoing are found in the ruins or premises
of the burned property;
4. If the building or property is insured for substantially
more that its actual value at the time of the issuance
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 control of
the offender and or insured
6. If shortly before the fire, a substantial portion of the
effects insured and stored in the 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 a desistance
of the offender or for the safety of the person or
property of the victim;
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
toward 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
 It is well settled principle of criminal law that
a conviction for a crime cannot be had unless
the corpus delicti is established.

To establish the corpus delicti in arson, the

proof of two elements is required:

1. The burning of the house or other thing, and

2. The criminal group that caused it.
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 of 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
A. Examination of the Fire Scene
i. Examination should be thorough
ii. Establish the corpus delicti by eliminating all natural or
accidental cases
The origin of fire initially, the important point
to be established is the point of the origin of
the fire, or what particular place in the
building the fire stared. This may be obtained
or established by an examination of
witnesses by the arson investigator, by
inspection of the debris at the fire scene, and
by studying the fire pattern.
i. Exterior elevations
ii. Identification and grounds
iii. Interior of the building, room by room, in
logical sequence.
iv. Evidence, prior to removal, in close up and
wide angle shots
v. Travel of fire and char patterns.
i. Before the fire - to assist
fireman and investigators
in presenting a clear
picture of the involved
building to the court

ii. After the fire – the whole

layout should be sketched
indicating therein exact
places where articles, etc.
were found in the position
thereof;
i. Evidence must be collected, identified
and preserved and then transported to
the laboratory in the best possible
condition. Contamination should be
prevented for the materials secured as
evidence.
ii. Evidence containing latent prints
should be protected so as not to
smudge or destroy the prints
iii. A letter of instruction should be sent
to the laboratory with the evidences,
describing the same and what the
investigator expects the laboratory
technician to recover via the various
laboratory processes.
 - This is conducted to ascertain the names of the
owners/occupants, insurance data, employment, ect.
WARNING: “Nothing should be said or implied during this interview to indicate any
suspicion toward the person interviewed. Information obtained in this preliminary
may provide possible clue as to as an accidental fire, or leads on possible suspects
and motives. “

F. Insurance
G. Neighborhood Inquiry
H. Public Records
1. Legal records
2. Financial and Credit information
3. Employment records, military records, school
records, juvenile court records
- Prior preparation will determine when the
investigators should conduct the initial
questioning.
- All background information pertaining to the
suspect and the matter under investigation
should be known to the investigators prior to the
interview.
- Principal witnesses should be questioned
separately.
- The fewer the investigators present at the
interview ( two is an ideal team), the more prone
to suspect will be divulge information
 Tape-recorded statements should be made on a
permanent recording.
- Once started, a tape record should operate
continuously. If for any reason, the recorder is shut off,
the subject should be made aware of this, and the when
the recording is resumed, the reason for shutting off the
recorder should be asked if he was promised any reward,
threatened or forced to continue his statement.
2. When shorthand notes are being taken, the stenographer
should be introduced to the subject. Some investigators
request the subject to initial all pages of the short hand
notes
3. Statements may be narrative or question-and-answer
type.
1. Complete personal history of the principal subject.
2. Associates
3. Complete and accurate account of the purchases
lease or rental of the involved property
4. Any strikes
5. Personal problems
6. Loss of business
7. Neighborhood changes
8. Inventory
9. Complete account of his activities, prior to during
and after the time of fire, etc.
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 motives
- Those who are mentally-ill
- Pathological fire-setters
- Pyros (or pyromaniac)
- Psychos
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 perpetuator other than the insured person
- Insurance agents using 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
 Spot Investigation Report (SIR)
 Progress Investigation Report (PIR)
 Final Investigation Report (FIR)
 Fire Incident Investigation Report (FIIR)
 Shall be made and accomplished by the FAI
concerned during the actual response to a fire
incident. It should contain the ff basic information
about the fire incident:
1. DTPO – Date, Time, and Place of Occurrence/Location
2. Time of First Responding Unit departs from station
3. Time of Arrival of first responding unit at the fire scene
4. Involved: Types of Occupancy/ Involved Structure
5. Name of Establishment : Complete name of the establishment
gutted by fire
6. Owner: owner of the property gutted by fire
7. Occupant: occupant of the property gutted by fire
8. Casualty (fatality): Number of persons died in the fire incident
(injured: no of persons injured in the fire incident)
7. Estimated cost of damage: initial aggregated damage in
terms of peso.
8. Time fire started: exact time the fire started
9. Time of fire out: exact time of fire extinguishment
10. Alarm: highest fire alarm tapped by FGC
11. Details of the Investigation: this should contain the
complete narration on the details of the fire incident as
gathered by FAI during the actual response to the fire
incident and other initial information about the fire
incident and its occurrence.
12. Disposition : assessment of the FAI regarding the case or
whether the case should be turned over to the higher
headquarters
13. Signed by the FAI and then by the chief of the IIS
 Shall be made and accomplished by the FAI concerned after the conduct of
follow up investigation was made. It should be accomplished within 7 to 15 days
after the incident. This report should contain the ff:
1. Authority:
a. BFP SOP No IID-2008-01
b. Mission Order
2. Matters investigated:
a. The origin and cause of the fire incident
b. The suspect/perpetuators if there is any
c. Other matters in the occurrence of the fire incident
3. Facts of the case:
This should contain the matters investigated, the statements of the witnesses as
intervened by the FAI, other affected structures/establishments, and other
important matters concerning to the exhaustive investigation conducted in the
scene of the fire and on the documents submitted
4. Disposition: assessment of the FAI regarding the case or whether the case should
be turned over to the higher headquarters
5. Signed by the FAI and then by the Chief of IIS
Shall be made and accomplished by the FAI upon the completion of the
exhaustive investigation. All completed FIR should be signed by the
concerned FAI and its respective chief, IIS. This should contain the ff:
1. Place of Fire
2. Time and Date of Alarm
3. Establishment Burned
4. Fire Victims
5. Damage to Property: amount of damage in peso based on the affidavit of
laws and sworn statement of loss submitted
6. Origin of Fire : clearly states where the fire originated
7. Cause of Fire: clearly states how the fire occurred
8. Substantiating Documents. (ideal documents to be gathered by the FAI in
relation to Chapter 4, sec 5 of BFP SOP no 2006-01)
A. SIR
B. PIR
c. Affidavit of Loss ( itemized and duly notarized)
d. Sworn Statement of Loss submitted to insurance adjusters/companies
e. Latest complete inventory of stocks prior to the fire incident
f. Complete inventory of stocks prior to the fire incident
g. Complete copies of insurance policies to include co-insurances
h. Sworn Statements of Witnesses
i. Income tax return for the last three years
j. Financial statements for the last three years
k. Balanced sheets for the last three years
l. Mayor’s permit and Business License
m. Occupancy permit
n. Department of Trade and Industry registration
o. Security and Exchange Commission registration
p. Latest Fire Safety Inspection Certificate
q. Complete list of employees
r. Approved floor, building and electrical plans
s. Copy of lease contract agreements
t. Land title/ tax declaration
u. ALS BFP National Headquarters laboratory Report
v. Photographs of the Fire Scene
 Facts of the Case:
- Details of the fire incident
- all matters concerning to the SUBSTANTIATING DOCUMENTS as attached in the FIR
- Narration of the witness
- Interpretation of the documents submitted
- Other affected structures/establishments
-Other relevant matters concerning to the exhaustive investigation conducted and the
scene of the fire and on the documents submitted
 Discussion:
This should contain the following
- The conversation and the line of reasoning of the FAI on how he arrived in the result of the
investigation conducted
- argumentation on the matters concerning the FINDINGS of the FIR
- Details and explanation on the photographs taken at the fire scene.
 Final Investigation Report (FIR)
FINDINGS:
This should contain the following
- The complete details on how the fire occurred, the CAUSE OF FIRE, to include the
IGNITION SOURCE and the FIRE SPREAD/PATTERN
- The result whether the fire was ACCIDENTAL or INTENTIONAL in nature
- Any other pertinent data of the Findings
 Recommendation: This should contain the recommendation of the FAI pertaining to the
case investigated.
 Signed by the FAI
 Noted by the Chief of the IIS
 This investigation report can only be made in such circumstances that the investigation
report cannot be completed for some reasons independent to the will of the FAI
 FIIR can only be accomplished in fire cases with UNDETERMINED cause and this kind of
case should be considered as On-PENDING INVESTIGATION subject to RE-OPENING in
circumstances that relevant evidence and/or a witness shall surface in the future.

This report should contain the Following

• DTPO
• Establishment Burned
• Fire Victims
• Damage to property: Amount of damage in Peso based on the affidavit of loss & sworn
statement of loss submitted
• Origin of Fire: Clearly state where the fire originated
• Cause of Fire: UNDETERMINED
• Substantiating Documents: Documents submitted by the fire victim.
• Facts of the Case
- Details of the fire incident
- Physical details of the burned premises
 - all matters concerning to the SUBSTANTIATING DOCUMENTS as attached in the FIR
- Narration of the witness
- Interpretation of the documents submitted
- Other affected structures/establishments
- Other relevant matters concerning to the exhaustive investigation conducted and the
scene of the fire and on the documents submitted.

 DISCUSSION:
This should contain the following:
- The conversation & the line of reasoning of the FAI on how he arrived in the result of the
investigation conducted
- The explanation on the FIRE SPREAD PATTERN
- Argumentation on the matters concerning the UNDETERMINED CAUSE
- Details and explanation on the photographs taken at the fire scene
-Any other pertinent/relevant data
 Recommendation: This should contain the recommendation of the FAI pertaining to the
case investigated.
 Signed by the FAI
 Noted by the Chief of the IIS
 Since fire incidents entail damage to
property, the level of authority in conducting
fire and arson investigation and completion
of FIR will be based on the degree of the
amount and value of the total (aggregated)
damages incurred in a certain fire incident.
 Municipal Fire Marshal (LEVEL 1) – through
its Municipal Investigation and Intelligence
Unit (MIIU) shall have the full responsibility
and power to investigate fire incidents with a
total amount of damage not exceeding to
twenty million pesos (Php 20,000,000.00)
 City Fire Marshal (Level 2) - … total amount
of damage not exceeding to thirty million
pesos (Php 30,000,000.00)
 District Fire Marshal (LEVEL 3) - … total
amount of damage amounting to above
thirty million pesos (Php 30,000,000.00) but
not exceeding to forty million pesos (Php
40,000,000.00). The DIIB operatives can
assume the conduct of investigation on fire
incidents with damages amounting to twenty
million in municipal levels only within their
respective jurisdiction.
 Provincial Fire Marshal (LEVEL 3) - …total
damages amounting to above thirty million
pesos but not exceeding to 40 million pesos.
PIIB operatives can assume the conduct of
investigation on fire incidents with damages
amounting to more than 20 million pesos in
municipal levels only within their respective
jurisdictions.
 Regional Director for Fire Protection
(LEVEL 4) - …total damages amounting to
above 40 million pesos but not exceeding to
60 million pesos.
 Chief, BFP (LEVEL 5) – the Chief, BFP
through the office of the IID, BFP NHQ shall
have the full responsibility and power to
investigate fire incidents with a total
damages to above 60 million pesos.
 CRIMINAL JURISDICTION – power of the State to try and punish
a person for a violation of its penal laws.

  It is essential that the court must have jurisdiction over the
offense and jurisdiction over the person of the accused.
 REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:
 1. the offense is one which the court is by law authorized to take
cognizance of
 2. the offense must have been committed within its territorial
jurisdiction
 3. the person charged with the offense must have been brought to
its presence for trial, forcibly by warrant of arrest or upon his
voluntary submission to the court.
 Section 1. Institution of criminal actions.

 For offenses where a preliminary

investigation is required - by filing the
complaint with the proper officer for the
purpose of conducting the requisite
preliminary investigation.
 1. Offended party
 2. Any peace officer
 3. Other public officer charged with the
enforcement of the law violated
 ex. Internal Revenue Officer for violation of
the NIRC, custom agents with respect to
violations of the Tariff and Customs Code
 An Information is
 1. an accusation in writing;
 2. charging a person with an offense;
 3. subscribed by the prosecutor and filed with
the court.
 1. it must be in writing;
 2. it must charge a person with an offense;
 3. it must be subscribed by the fiscal;
 4. it must be filed in court
 subscribed by the offended party, any peace
officer or other officer charged with the
enforcement of the law violated
 it may be filed either in court or in the
prosecutor’s office

 INFORMATION :

 subscribed by the fiscal

 It is filed with the court
 PURPOSE:
 to enable a person of common
understanding to know what offense is
intended to be charged;
 to enable the court to pronounce proper
judgment
 is an inquiry or proceeding to determine
whether there exists sufficient ground to
engender a well-founded belief that a crime
has been committed and that the respondent
is probably guilty thereof, and should be held
for trial
is required to be conducted before the filing
of a complaint or information for an offense
where the penalty prescribed by law is at
least 4 years, 2 months and 1 day without
regard to the fine.
 a. if a person is arrested, he can ask for
preliminary investigation BEFORE the filing
of the complaint/information BUT he must
sign a waiver in accordance with Article 125,
RPC.
 AFTER the filing of the
information/complaint, the accused may,
within 5 days from the time he learns of its
filing ask for preliminary investigation.
Refuse to enter a plea upon
arraignment and object to further
proceedings upon such ground
Insist on a preliminary investigation
File a certiorari, if refused
Raise lack of preliminary
investigation as error on appeal
File for prohibition
 presupposes a reasonable ground for belief in
the existence of facts warranting the
proceedings complained of; an apparent
state of facts found to exist upon reasonable
inquiry which would induce a reasonably
intelligent and prudent man to believe that
the accused person had committed the crime
charged.
 the taking of a person into custody in order
that he may be bound to answer for the c
ommission of an offense

 Modes of Arrest
 1. arrest by virtue of a warrant
 2. arrest without a warrant under
statutorily provided exceptional
circumstances
 1. It must be issued upon probable cause
which must be determined personally by a
judge after examination under oath or
affirmation of the complainant and the
witnesses he may produce
 2. The warrant must particularly describe
the person to be seized
 When, IN HIS PRESENCE, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
 When an offense has in fact just been committed, and he has
probable cause to believe based on PERSONAL
KNOWLEDGE of fact and circumstance that the person to be
arrested has committed it; (Doctrine of Hot Pursuit) and
 When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case
is pending, or has escaped while being transferred from one
confinement to another.
 Where a person who has been lawfully arrested escapes
or is rescued;
 by the bondsman for the purpose of surrendering the
accused; and
 where the accused attempts to leave the country
without permission of the court.

Any objection involving an arrest of the accused without

warrant and before the acquisition by the court of
jurisdiction over the person of the accused must be made
BEFORE he enters a plea, OTHERWISE, the objection is
deemed waived.
 When, IN HIS PRESENCE, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
 When an offense has in fact just been committed, and he has
probable cause to believe based on PERSONAL
KNOWLEDGE of fact and circumstance that the person to be
arrested has committed it; (Doctrine of Hot Pursuit) and
 When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case
is pending, or has escaped while being transferred from one
confinement to another.
 the security given for the release of a person
in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance
before any court as required under the
conditions specified by the rule.
 Regardless of stage of the criminal
prosecution, no bail shall be allowed if the
accused is charged with a capital offense or
an offense punishable by reclusion perpetua
and the evidence of guilt is strong;
 A) To be presumed innocent
 B) To be informed of the nature and the cause of the
accusation against him.
 C) To be present and defend in person and by counsel at
every stage of the proceeding
 D) Right to counsel
 E) To testify as witness in his own behalf
 F) Right against self-incrimination
 G) Right to confront and cross examine the witnesses
against him at trial
 H) Right to speedy, impartial and public trial.
the formal mode of implementing the
constitutional right of the accused to be
informed of the nature of the accusation
against him.
 an unconditional admission of guilt, freely,
voluntarily and made with full knowledge of
the consequences and meaning of his act and
with a clear understanding of the precise
nature of the crime charged in the complaint
or information;

 The accused may withdraw his plea of guilt IF

it is IMPROVIDENT at any time BEFORE the
judgment of conviction becomes final;
 is a hypothetical admission of the facts alleged
in the information, hence the court in resolving
the motion cannot consider facts contrary to
those alleged in the information or which do not
appear on the face of the information, except
those admitted by the prosecution.

 GENERAL RULE: The accused may move to

quash the complaint or information at any time
BEFORE entering his plea.
 MATTERS CONSIDERED IN PRE-TRIAL
CONFERENCE:
plea bargaining;
▪ stipulation of facts;
▪ marking for identification of evidence of the parties;
▪ waiver of objections to admissibility of evidence;
▪ modification of the order of trial if the accused admits
the charge but interposes a lawful defense; and
▪ such matters as will promote a fair and expeditious trial
of the criminal and civil aspects of the case.
the process whereby the accused, the
offended party and the prosecution work out
a mutually satisfactory disposition of the case
subject to court approval. It usually involves
the defendant’s pleading guilty to a lesser
offense or to only one or some of the counts
of a multi-count indictment in return for a
lighter sentence than that for the graver
charge
the examination before a competent tribunal
according to the laws of the land, of the facts
put in issue in a case for the purpose of
determining such issue
the adjudication by the court that the
accused is guilty or not guilty of the offense
charged and the imposition of the proper
penalty and civil liability provided for by the
law.
a proceeding for review by which the whole
case is transferred to the higher court for a
final determination
an order in writing issued in the name of the
People of the Philippines, signed by a judge
and directed to a peace officer commanding
him to search for personal property described
therein and bring it before the court.
 Search warrants are in the nature of criminal
process and may be invoked only in
furtherance of public prosecutions. Search
warrants have no relation to civil process or
trials and are not available to individuals in
the course of civil proceedings, nor for the
maintenance of any mere private right
 The term search as applied to searches and
seizures is an examination of a man’s house
or other buildings or premises or of his person
with a view to the discovery of contraband or
illicit or stolen property or some evidence of
guilt to be used in the prosecution of a
criminal action for some offense with which
he is charged
 A seizure is the physical taking of a thing into
custody
a search warrant which vaguely describes and
DOES NOT particularize the personal
properties to be seized without a definite
guideline to the searching team as to what
items might be lawfully seized, thus giving
the officers of the law discretion regarding
what articles they should seize;
 order directed to the peace officer to execute
the warrant by taking the person stated
therein into custody that he may be bound to
answer for the commission of the offense.
 does not become stale
 may be served on any day and at any time of
day or night.
 1. in times of war within the area of military operation;
 2. as an incident of a lawful arrest, subject to the following requisites:
 a. arrest must be lawful;
 b. search and seizure must be contemporaneous with arrest;
 c. search must be within permissible area;

 (i.e. ”STOP AND FRISK” search which allows a limited protective search of outer
clothing for weapons)
 3. when there are prohibited articles open to eye and hand; (PLAINVIEW
DOCTRINE)
 4. when there is consent, subject to the following conditions:
 a. there is a right;
 b. there must be knowledge of the existence of such right;
 c. there must be intention to waive;
 5. when it is incident of inspection;
 6. under the Tariff and Customs Code for purposes of enforcing customs and
tariff laws;
 7. searches and seizures of vessels and aircraft; this extends to the warrantless
search of a motor vehicle for contraband;
1. in times of war within the area of military operation;
2. as an incident of a lawful arrest, subject to the following requisites:
a. arrest must be lawful;
b. search and seizure must be contemporaneous with arrest;
c. search must be within permissible area;

(i.e. ”STOP AND FRISK” search which allows a limited protective search of outer
clothing for weapons)
3. when there are prohibited articles open to eye and hand; (PLAINVIEW DOCTRINE)
4. when there is consent, subject to the following conditions:
a. there is a right;
b. there must be knowledge of the existence of such right;
c. there must be intention to waive;
5. when it is incident of inspection;
6. under the Tariff and Customs Code for purposes of enforcing customs and tariff laws;
7. searches and seizures of vessels and aircraft; this extends to the warrantless search of
a motor vehicle for contraband;
 1 Assume control - insure safety of person and security at scene
 2 Conduct initial walk through for purposes of making a preliminary
survey, evaluating potential evidence and preparing a narrative
description
 3 Determine search patterns and make appropriate assignments for
team members
 4 Designate command post location and insure exchange of
information between search and investigation personnel
 5. Coordinate with other law enforcement agencies and make sure a
cooperative spirit is maintained
 6. Insure that sufficient supplies and equipment are available for
personnel
 7. Control access to the scene and designate an individual to log
everyone into the scene
 8. Continuously reevaluate efficiency of search during entire course of
operation
 9. Release the scene after a final survey and inventory of the
 1 Photograph entire area before it is entered
 2 Photograph victims crowd and vehicles
 3 Photograph entire scene with overall medium and close-up
coverage, using measurement scale when appropriate
 4. Photograph major evidence items before they are moved.
Coordinate this effort with Sketch Custodian and Evidence
Recorder / Recovery Personnel
 5. Photograph all latent fingerprints, and other impression
evidence, before lifting and
 6. casting is accomplished
 7. Photograph blueprints, maps and previous photographs of
scene as required
8. Prepare photographic log and photographic sketch
 I Diagram immediate area of scene and orient sketch with
north;
 2 Set forth on sketch major items of evidence and coordinate
evidence nomenclature with Evidence Recovery Personnel;
 3. Indicate adjacent buildings, rooms, furniture and so forth as
needed;
 4. Designate and label areas to be searched and advise team
leader and all other search members of nomenclature for
 designated areas
 5. Obtain appropriate assistance for taking measurements
and, list assistant{s] on sketch
 6. lnsure necessary administrative information such as Scale
disclaimer (not drawn to scale) is recorded on sketch
 1 Prepare evidence recovery log
 2 Coordinate evidence packaging and
reservation
 3 Coordinate evidence nomenclature with
Sketch Preparer and Evidence Recovery
Personnel
 4 Receive and record all evidence
 5 Maintain custody and control of evidence
 6 Maintain chain of custody
 7 Coordinate transmittal of evidence to case
investigator or to crime laboratory per agency
guideline
 1. Have significant evidence photographed before it
is collected
 2. Keep team leader appraised o significant evidence
located
 3. Initial and date all evidence and turn it over to the
evidence recorder/custodian, after noting where
the item was located
 4. Coordinate evidence nomenclature with Evidence
Recorder/Custodian and Sketch Preparer
 5. Insure that appropriate safety measures are
adhered to, especially with respect to proper
clothing including gloves
It is sometimes necessary to bring expertise
from outside an agency. The held of forensic
science is so broad today no agency will have
very form of specialty service available from
among its ranks. Typically, specialists are
brought in from industry, the academic
community, private scientific laboratories
and similar concerns.
 The Competence and realibility of the specialist;

 The ability of the specialist to work within law

enforcement guidelines at a scene;

 The role of the specialist in presenting expert

testimony in court

Specialists should be identified before they are

needed in an actual case. A current list should be
maintained if possible.
The agency should meet with these
individuals to detrmine the best manner to
jointly conduct search planning, operations
and follow-up activity.
 Medical Examiner/ Coroner
 Odontologist
 Anthropologist
 Entomologist
 Blood Pattern, Analyst
 Geologist
 Surveyor
 Engineer
 Bomb Technician
 Crime Laboratory Examiners
 1.Preparation
 2 Approach Scene
 3.Secure and protect scene
 4.Initiate preliminary survey
 5.Evaluate physical evidence possibilities
 6 Prepare narrative description
 7.Depict scene photographically
 8.Prepare diagram/sketchof scene
 9.Conduct detailed search Record and collect
physical evidence
 IO. Conduct final survey
 II. Release crime scene
 Accumulate packaging and collection materials
necessary for typical search circumstances;
 Prepare the preliminary format for the
paperwork needed to document the conducting
of the search;
 Insure that all specialists are aware of the overall
forms of evidence usually encountered, as well
as the proper handling of these materials;
 Evaluate the current legal ramifications of crime
scene searches (e.g. Obtaining of search
warrants)
 Discuss upcoming search with involved
personnel before arrival at scene, if possible;
 Select, when feasible, person-in-charge prior to
arrival at scene;
 Make preliminary personnel assignments before
arrival at scene, if practicable;
 Consider the safety and comfort of search
personnel - do not be caught unprepared when
encountering a potentially dangerous scene or
inclement weather.
 Be alert for discarded evidence
 Make pertinent notes
 Establish frame-on-min to take control of
scene regardless of circumstances observed
on arrival
 Consider personal safety
 Take control aggressively on arrival
 Determine extent to which scene has thus far been protected
 Check for adequate scene even if advised that it has been
protected prior to arrival
 Obtain information from logical personnel who have entered
scene and have knowledge relative to its original condition
 identify one individual who is designated as the person in-charge
for final decision making and problem resolution
 Take extensive notes – do not rely on memory
 Keep out unauthorized personnel – begin recording who enters
and leaves
 The survey is an organizational s},.age to plan for the
entire search
 A cautious walk-through of the scene is accomplished
 Person-in-charge maintains definite administrative
and emotional control
 Select appropriate narrative description technique
 Acquire preliminary photographs
 Delineate extent of the search area - usually expand
initial perimeter
 Organize methods and procedures needed - recognize
special problem areas
 Determine personnel and equipment needs -
make specific assignments
 Identify and protect transient physical
evidence
 Develop a general theory of the crime
 Make extensive notes to document scene
physical and environmental conditions.
assignments, movement of personnel, etc.
 On vehicles get VIN number. license number,
position of keY,odometer reading
 This evaluation begins upon arrival at scene
and becomes detailed i preliminary survey
stage
 Based on preliminary survey, establish
evidence types most likely to be encountered
 Insure collection and packaging equipment is
 sufficient for task at hand - a given scene may
require special techniques not normally used
 Concentrate on the most transient evidence and work
to the least transient forms of this material;
 Insure all personnel consider the great variety of
possible evidence, not only evidence within the scope
of their respective specialties;
 Focus first on the easily accessible areas in open view
and progress eventually to possible out-of-view
locations - look for purposely hidden items;
 Consider whether the evidence appears to have been
moved inadvertently;
 Evaluate whether or not ht scene and evidence
appears intentionally "contrived"
 The narrative is a running, general terms description of the
condition of the crime sene
 Represent scene in a "general to specific" reference
scheme
 Photographs supplement narrative description at this
point
 Use systematic approach in recording narrative - no item
is too insignificant to record if it caatches one's attention
 Do not permit narrative effort to degenerate into a
sporadic and unorganized attempt to recover physical
evidence - it is recommended that evidence not be
collected at this point, under most circumstances
 Methods of narrative - written, audio, video (sight/ sound
or sight only)
 Begin photography as soon as possible - plan before
photographing;
 Document the photographic effort with a
photographic log;
 Insure that a progression of overall, medium and
close-up view of the scene is established;
 Use recognized scale device for size Determination
when applicable;
 When a scale device is used first take a photograph
without the inclusion of this device;
 Photograph evidence in place before its collection
and packaging
 Be observant of and photograph areas adjacent to the crime
scene - points of entry, exits, windows, attics, etc;.
 Consider feasibility of aerial photography;
 Photograph items. places, etc. to collaborate the statements
of witnesses, victims, suspects;
 Take photographs from eye-level, when feasible, to
represent seen as would be observed by normal view;
 Film is relatively cheap compared to the rewards obtained -
do not hesitate to photograph something which has no
apparent significant at that time - it may later prove to be a
key element in the investigation;
 Prior to lifting latent fingerprints, photographs should be
taken 1:1, or using appropriate scale
 Acquire prior photographs blueprints, maps of scene area
 The diagram establishes permanent record of items,
conditions and distances/size relationships - diagrams
supplement photographs
 Rough sketch is drawn at scene - normally not drawn to
scale

 Typical material on rough sketch:

 specific location, date,time
 case identifier ,preparer/assistants, weather
conditions, lighting conditions
 scale or scale disclaimer compass orientation
evidence
 Measurements, key or legend
 Number designations on sketch can be
coordinated with same number designations on
evidence log in many instances
 This sketch should contain sufficient
measurements and detail
 to be used as a model for drawn-to-scale
diagram, if necessary
 Be sure to select sketch technique before
beginning sketch - insure that enough
 room is allowed to include all pertinent
information and measurements
 lay our basic perimeter
 set forth fixed obi furniture, etc.
 insert evidence as recovered
 record appropr measurements
 Set forth key/legand compass orientation etc.
 Accomplish search based on previous evaluation of
evidence possibilities
 Conduct search in a general manner and work to the
 specifics regarding evidence items
 Use of specialized search patterns (e.g., grid,
strip/lane, spiral) is recommended when possible
 Photograph all items before collection and enter
notations in photographic log (remember - use scale
when necessary)
 Mark evidence locations on diagrams/sketch
 Complete evidence log with aappropriate notations
for each item of evidence
 see evidence in place before collection
 observed it being recovered
 mark evidence (mark item itself whenever feasible)
 place identifying marks on evidence containers

 If feasible, have one person as an evidence custodian -

especially in relatively complicated crime scenes
involving large amounts of evidence
 Do not handle evidence excessively after recovery
 Seal all evidence containers at the crime scene
 Do not guess on packaging requirements - different
types of evidence can necessitate different containers
 Do not forget entrance and exit areas at scene
for potential evidence
 Be sure to obtain appropriate known" standards
(e.g. fiber sample from carpet)
 Do not rely on devices and chemical tests
without a fullevaluation of all factors (e.g.,
vacuuming for trace evidence, phenolphthalein or
luminol testing for blood)
 Constantly check paperwork, packaging
notations and other pertinent recordings of
information for possible errors which may cause
confusion or problems at a later time
 The best search options are typically the most difficult
and time-consuming
 You cannot over-document the physical evidence
 There is only one chance to perform the job properly.
Consider second search via rotation of personnel
 There are two basic search approaches, in this order

1."Cautious" search of visible areas, taking steps to

avoid evidence loss or contamination
2 After the "cautious" search, a vigorous search for
hidden/concealed areas his order:
 This survey is a critical review of all aspects of the search Discuss
search jointly with all personnel for completeness
 Double-check
 documentation to detect inadvertent errors
 Insure that photographs are taken of scene showing final
condition after completion of search
 Check to insure all evidence is accounted for before
 departing scene
 Insure all equipment used in the search is gathered
 Make sure possible hiding places or difficult access areas have not
been overlooked in detailed search
  CRITICAL ISSUES: have you gone for evidence, documented all
essential things and made no assumptions which may prove to be
incorrect in the future
 Release is accomplished only after completion
of the final survey
 At minimum documentation should be made of:
 time and date of release
 to whom released
 by whom released
 insure that appropriate inventory has been
provided, as necessary considering legal
requirements to person to whom scene is
released
 Once the scene has been formally released, reentry
may require a warrant;
 Only the person-in-charge should have the authority
to release the scene. This precept should be known,
and adhered to by all personnel;
 Release the scene with the notion that there is only
one chance to perform the job correctly and
completely. Release then occurs once personnel are
satisfied this is the situation;
 Consider the need to l~ certain specialists observe t
scene before it is released (e. e blood pattern analysts,
examiner)
“All men are created
equal but only the
finest becomes a
firefighter”
1. What is arson?
2. What are the three (3) fold aim of investigation?
3. What are the types of investigation?
4. What are the laws governing arson cases?
5. What are the elements of arson?
6. What constitutes arson?
7. What constitute prima facie evidence of arson?
8. What are the aggravating circumstances in arson cases?
9. What are the two elements required to establish the corpus delicti in arson cases?
10. What are the factors involved in corpus delicti?
11. What are the steps to be considered in conducting preliminary investigation?
12. How to determine the origin of fire?
13. What are the common motives of arsonist?
14. What are the documentary requirements in arson cases?
15. What are the levels of authority to conduct fire investigation?