ARSON

ARSON
• - COVERED BY Chapter 8
Art 320-323, 325, 326 of
the Revised Penal Code
• -destruction of property
by fire
 Extent of liability
depends on:
• kind and character of the
building
• its location
• extent of damage or value
• its state of being inhabited or
not
• under our jurisprudence it is rather
difficult to have a case of attempted
arson.
• If the fire has been started,
regardless of the extent of the
damage caused, the crime of arson is
consummated.
• If the fire has been started,
regardless of the extent of
the damage caused, the crime
of arson is consummated.
• If you willfully burn your own house,
will the offense constitute arson?
• It depends
• Burning one’s property is only a crime
if it is used as a means to commit
arson.(Art 325) The code apparently
recognizes the right of the owner to
abuse or destroy his own property.
• Burning one’s own property is also
punishable if the purpose is to
defraud or cause damage to
another or damage actually
caused, or there is danger of
such damage when a building in an
inhabited place is burned(Art
326)
• Arson can also be
committed by negligence as
covered by Art 365 of the
Revised Penal Code
• a fire can only be considered as arson if all
accidental causes of a fire can be
eliminated.
• The mere burning of a building does not
constitute the body of the crime. To
constitute burning, there must be some
burning or charring. A mere smoking or
discoloration of the wood is not sufficient.
It is not necessary that the building be
seriously damaged. All that is required is
the actual ignition of the smallest part ,
although there is no blaze.
• Criminal intent involves two mental
elements – willfulness and malice
• Willfulness means intentional and
implies that the act was done
purposely and intentionally.
• While malice is n ot
necessarily ingredient of the
crime, it need not be
specifically proved. It may
be implied if the act was done
intentionally. Malice in its
broadest sense denotes
hatred or ill will or desire for
revenge.
 Investigation
• Basics lines of inquiry
-natural cause without human
intervention
- lightning
– explosions
– spontaneous combustion
– miscellaneous cause
 accidental causes with or
without human intervention
• faulty wire
• careless handling of inflammables
• children playing with match
• careless smokers
• careless handling of electric iron,
stoves, candles, cigarette butts,
etc.
• In these connection, the investigator
should inquire into the following:
• electric system
• electic equipment
• gas
• pets
• smoking
 Touch off or Arson
• tell tale signs
burned building
separate fires
color of flame
white smoke – humid material
burning
 color of flame
• biting smoke, irritating the nose and
throat – presence of chlorine
• black smoke – petroleum & petroleum
products and rubber
• reddish brown – indicates
nitrocellulose
 FIRE SETTING
MECHANISM
• MECHANICAL METHODS
matches
candles
alarm clock
electric system
animal
 CHEMICAL METHODS

• hot water or ice bag

• metallic sodium ignited by dops of
water
• potassium chlorate, sugar and
sulfuric acid
 Two types of fire
setters
• Persons with motives
Those with desire to defraud the
insurer
Employees or such other persons who
have grievance
Those who desire to conceal evidence of
other crime
Those who set fire for purposes of
intimidation
• Persons without motives
Mental cases
Pyros
Psychos
Pathological Setters
 In determiing motive, an
investigator concentrates
on three major factors:
– Point of origin of fire
– pathological fire setters
– Pyros
– Psychos
 GENERAL EVIDENCE
COLLECTION
GUIDELINES
• Before evidence is collected:
• Make sure there are no suspected devices that
have not functioned, firearms, needles, drug
paraphernalia, or blood or other body fluids from
injured or deceased persons at the fire scene. If
any of these items are present, obtain expert
assistance prior to attempting the collection of
dangerous materials. Never collect an unexploded
device; clear the area and call the bomb squad.
Never collect explosive chemicals or substances;
clear the area and call the bomb squad.
 Always photograph the item "as
found" first, before touching or
collecting it.
• Always note the item and its location,
measured from two or more fixed
objects in the room, on your scene
diagram
 Whenever possible, consult a
qualified Evidence Collection
Technician to process potential or
known crime scenes and collect
physical evidence.
 When collecting evidence,
observe a few simple overall
rules
 Do not restrict your search inside
the scene; evidence can be found in
other places on the property or in
the neighborhood.
• Always be sensitive to cross-
contamination and spoliation issues
• Always wear latex gloves to collect
evidence.
• Always use clean, suitable, and unused
containers.
• Always let wet items, including organic
fluids such as blood or semen, dry before
packaging.
• Always package evidence in a fashion that
will preserve it for laboratory testing.
• Always label properly.
• Always change gloves between items.
• Always clean tools between items.
• Always keep evidence in a secure
location on the scene.
• Always maintain the chain of custody.
 For all items, collect a
comparison sample if you wish a
comparison to be done between a
known and a questioned item.
 Beyond these general rules, the
collection method depends on the
type of evidence
• Cigarettes
• Cigarettes are occasionally employed as delay
devices in the firing trains of flame-ignited
incendiary devices. The butts of smoke
cigarettes may be encountered as evidence of
activity in an environment of interest.
Cigarette butts may be identified with respect
to the brand, strength, flavor, length,
packaging, and possibly manufacturer and time
period of manufacture.
• Cigarettes may also bear
fingerprints, saliva, lipstick and
cosmetic residues, and other trace
evidence. To ensure preservation of
this additional trace evidence, the
following steps should be taken in
collecting and packaging cigarette
evidence:
• Collection
• 1. Document any cigarette butts and
their locations using photographs.
• 2. Individual cigarette butts should
be recovered and packaged
separately from other ash and debris
• If damp, the recovered cigarette should
be allowed to air-dry at room temperature
prior to packaging.
• 3. Air-permeable paper envelopes (not
plastic bags) should be used to contain
recovered cigarette evidence, in order to
preserve any residual saliva and/or
fingerprints.
• Label and seal the envelope properly,
including your name, date,
description, and exhibit number.
• 5. Collect any comparison standard
you will need for testing.
 Explosive
• Explosives evidence should be handled by a
member of the bomb squad or a Certified
Explosives Technician. In general,
suspected components, wrappers, and
debris from a device that has completely
functioned can be collected individually
with clean tools and placed in clean, unused
metal cans. The cans should be labeled,
including your name, date, description, and
exhibit number, and sealed.