BASIC METHOD AND ARSON

INVESTIGATION
 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 through
investigation. Since basic investigation is prelude to the discovery of the true cause of fire, an understanding of
the chemistry of fire and its attendant behavior 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 firearm 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.
It is the concern of fire investigation to prove malicious intent of the offender. Intent must be proved,
otherwise, no crime exist. 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 buildings 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 pf 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 of 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 basic 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?

other forms of arson refers 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 and value of damage exceeds six thousands pesos(6000.00).
3.Building burned is a public building and purpose 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 standing 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.Destroyong 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.Thinf burned is a building in an inhabited place.

Presidential Decree No.1613- Amending the law of 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 of occupant of the property burned:
4.If committed by a syndicate(3 or more persons).
ma Facie Evidence of Arson

the fire started simultaneously in more than one part of the building or establishment.
substantial amounts of flammable substance or materials are stored within the building not necessary in the business of
offender nor for house hold use.
gasoline, kerosene, petroleum, or other flammable or combustible substances or materials soaked therewith or containers
reof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, a fire, or ashes or traces of an
he foregoing are found in the ruins or premises of the burned building or property.
the building or property is insured for sustainability more than its actual value at the time of the issuance of the policy.
during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other
mises owned or under the control of the offender and/ or insured.
shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn
m the premises except in the ordinary course of business.
a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the
ender or the safety of the person or property of the victim.
ARSON INVESTIGATION

What Constitutes Arson?

1.Burning- to constitute burning, pyrolysis must takes place. In other words, there must be burning
or changing, i.e. the fibber of the wood must be destroyed, its identify changed.
2.willfulness- means intentional, and implies that the act was done purposely and intentionally.
3.Malice-it denotes hatred or desire for revenge.
4.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 shown it:
1.Burning- that there was fire that may be shown by direct testimony