ARSON AND OTHER CRIMES

INVOLVING DESTRUCTION
ARSON
It is the intentional or malicious destruction of property by fire: the legal
aspects of arson/fire investigation.
1. It is the concern of a the fire investigator to prove malicious intent of the
offender. Intent must be proved, otherwise no crime exist.
2. The law presumes that a fire is accidental, hence criminal design must be
shown.
3. Fire caused by accident or criminal design must be shown.
 4. Fire caused by accident or negligence does not constitute arson.
Basis criminal liability arson

1. Kind and character of the building burned.

 2. Location of the building.
3. Extent of value of the damage.
 4. Whether inhibited or not.
Destructive arson is committed by burning of the following:
 1. Anyarsenal, shipyard, storehouse, military installation powder of fireworks
factory, ordnance, archives or general museum of the government.
 2. Any passenger train or motor vehicle in motion, or vessel out of ports.
 3. In an inhabited place, any storehouse or factory of inflammable or explosive
materials.
4. Any theatre, church, cockpit arena, or other buildings where meetings are
held, when occupied by numerous assemblage.
Arson property of small value (art. 323, RPC)
 Elements

1. Burning of any uninhabited hut, storehouse, barn

shed, or any other property.
2. Value of property does not exceed twenty five
pesos (25.00)
3. Under circumstance clearly excluding all danger of
the fire spreading.
Article 325. RPC
 Burning of one's own property is a means of committing arson. This article
punishes the burning of one's own property for the purpose of committing
arson or great destruction of property.
 

Article 326, RPC

Setting fire to property exclusively owned by the offender this article provides
the purpose of offender to:
 Defraud or cause damage to another .
 Damaged is actually caused upon another's property even such purpose is
absent.
 Thing burned is a building in an inhabited place.
REPUBLIC ACT NO. 6541 AN ACT TO ORDAIN AND INSTITUTE NATIONAL
BUILDING CODE OF THE PHILIPPINES

It provides for all buildings and structures a framework of minimum standards

and requirements by guiding, regulating, and controlling their location siting
design, quality of materials, construction, use, occupancy, and maintenance,
including their environment, utilities, fixtures, equipment, and mechanical
electrical, and other systems and installations.
SECTION 1.01.05 Building Use Affecting Public Health and Safety
Adequate environmental safeguards shall be observed in the design construction, and use of any building
or structure for the manufacture and production of any kind of article or product which constitutes a hazard or
nuisance affecting public health and safety, such as explosives, gas, noxious chemicals, inflammable
compounds.
It shall conform in all respects to the principles of safe construction, shall be suited to the purpose for
which the building is designed, and shall, in no case contribute to making the community in which it is located.

SECTION 1.01.06: Maintenance

All buildings or structures, both existing and new, and all parts thereof shall be maintained in a safe and
sanitary condition. All devices or safeguards, which are required by this Code in a building or structure when
constructed, altered or repaired, shall be maintained on good working order.

SECTION 1.01.07: Insanitary, Unsafe, Hazardous, or Dangerous Sites

The land or site upon which will be constructed any building or structure, or any ancillary or auxillary
facility thereto, shall be sanitary hygienic or safe Where the land or site is polluted,insanitary, unhygienic,
unsafe, or hazardous, conditions contributing to or causing its being polluted insanitary. unhygienic, unsafe, or
hazardous shall be reasonably improved or corrected, or proper remedial measures shall be prescribed or
incorporated in the design or construction of the building or structure in accordance with the provisions of this
Code.
SECTION 1.01.08: Dangerous and Ruinous Buildings or Structures
Dangerous Buildings Defined Dangerous buildings are those which are structurally
unsafe or not provided with safe agrees, or which constitute a fire hazard, or are
otherwise dangerous to human life, or which in relation to existing use constitute a
hazard to safety or health or public welfare, by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, or abandonment, or which otherwise contribute
to the pollution of the site or the community to an intolerable degree.

SECTION 1.02.03: Building permits

Any person, firm, or corporation, including any department office, bureau, agency of
instrumentality of the government intending to construct, alter, repair, move, convert or
demolish any building or structure, or cause the same to be done shall obtain a building
permit from the Building Official for whichever of such work is proposed to be
undertaken for the building or structure, before any such work is started.
 
Appropriate rules and regulations shall be set by the Secretary concerning:
 (1) Forms for application for building permits:
 (2) Procedures to be observed in securing such permits
 (3) Procedures to be observed in the issuance, suspension and revocation of such
building permits, and
 (4) Type, nature, and scope of plans and specifications and other requisite documents,
which shall be prepared and designed by a licensed architect or engineer
When authorized by the Building Official in accordance with the provisions of this
Code, plans and specifications need not be submitted for the following
(1) Group A traditional indigenous type of dwelling construction costing not more
than three thousand pesos (P3,000.00), and
 (2) Group J. Division 1 Occupancy of Type 1 conventional wood frame construction
or of the traditional indigenous type of construction costing not more than three
thousand pesos (P3,000.00).
TITLE 2-FIRE AND FIRE-RESISTIVE STANDARDS
Chapter 2.01 REQUIREMENTS FOR FIRE ZONES
SECTION 2.01.01
(a) Fire Zones Defined. Fire zones are areas within which only certain types of building
are permitted to be constructed based on their use, occupancy type of construction, and
resistance to fire
 (b) Building Located in More Than One Fire Zone. If a building or structure is located in
more than one fire zone and more than one-third of its total floor area is in a more
restricted fire zone, then the entire building shall conform to the requirements for the
more restricted area
 c) Moved Building. Any building or structure moved within or into any fire zone shall be
made to comply with all the requirements for buildings of that fire zone.
 
(d) Temporary Buildings. Temporary buildings or structures conforming to the requirements of
this Code, used for the protection of the public around and in conjunction with construction
work may be erected in any of the fire zones Provided, that such work is allowed by special
permit from the Building Official and such is used only for a limited period of time.
(e) Center Lines of Streets. For the purpose of this Chapter the center line of an adjoining street
or alley may be considered an adjacent property line. Distance shall be measured at night angles
to the street or alley.
SECTION 2.01.02. Designation of Fire Zones

(a) The Secretary shall classify each type of fire zone in accordance to use, occupancy, type of
construction, and resistance to fire subject to the provisions of this Code
 
(b) Based on the classification of fire zones, City Counsels or Municipal Boards, by resolution, shall
divide cities and municipalities into fire zones Such division shall be in accordance with the local
physical and spatial framework plans or the recommendation of the local city or municipal
development body.
Chapter 2.02 - FIRE RESISTIVE REQUIREMENTS AND STANDARDS FOR FIRE
PROTECTION
SECTION 2.02.01: Fire-Resistive Requirements
 (a) Exterior bearing and nonbearing walls of Types II and III constructions shall have one-hour
fire-resistive rating: while those of types IV and V shall have four-hour fire-resistive rating
 (b) Interior bearing walls, permanent partitions, floors, and roofs of Types II to IV constructions
shall have one-hour fire-resistive rating; while those of Type V shall have three-hour fire-resistive
rating for walls, one-hour fire-resistive rating for portions, and two-hour fire-resistive rating for
vertical openings, floors.
 (c) Structural frames of Types II and III constructions shall have one-hour fire-resistive rating,
those of Type IV shall have two hour fire-resistive rating, and those of Type V shal: have three
hour fire-resistive rating
 (d) Exterior doors and windows shall have three-fourths-hour fire-resistive rating for all types of
construction
SECTION 2.02.02: Fire-Resistive Standards
 
(a) General Materials and systems of fire-resistive purposes shall be classified according to their fire-
resistive ratings as determined by internationally accepted testing methods subject to the provisions of
this Section.
(b) One-Hour Fire-Resistive Time Period Rating

(c) Two-Hour Fire-Resistive Time Period Rating (1) The following partitions, walls, and floors shall have a
two hour fire-resistive rating solid masonry, 15 centimeters (6 inches) thick hollow unit masonry, 20
centimeters (8 inches) thick and solid concrete, 127 centimeters (5 inches) thick
  (d) Three-Hour Fire-Resistive Time Period Rating (1) The following partitions, walls, and floors shall have
a three-hour fire-resistive rating: solid masonry, 17.8 centimeters (7 inches) thick, hollow unit masonry,
25.4 centimeters (10 inches) thick and solid concrete, 15 centimeters (6 inches) thick
(c) Two-Hour Fire-Resistive Time Period Rating (1) The following partitions, walls, and floors shall have a
two hour fire-resistive rating solid masonry, 15 centimeters (6 inches) thick hollow unit masonry, 20
centimeters (8 inches) thick and solid concrete, 127 centimeters (5 inches) thick
  (d) Three-Hour Fire-Resistive Time Period Rating (1) The following partitions, walls, and floors shall
have a three-hour fire-resistive rating: solid masonry, 17.8 centimeters (7 inches) thick, hollow unit
masonry, 25.4 centimeters (10 inches) thick and solid concrete, 15 centimeters (6 inches) thick
 
(e) Four-Hour Fire-Resistive Time Period Rating (1) The following partitions, walls, and floors shall
have a four hour fire resistive rating: solid masonry walls, 20 centimeters (8 inches) thick, hollow
unit masonry, 30 centimeters (12 inches) thick, and solid concrete, 17.8 centimeters (7 inches) thick.
 
(1) Steel Joists. Steel joist floors shall have from one to four-hour fire-resistive rating based on
internationally accepted standards of engineering
(g) Flame-Proof Materials required to be flame proofed shall be treated with a flame-retardant
having flame spread rating of 50 less as determined by the Tunnel Test
 
 SECTION 4.01.01: Types of Construction
(1) Type Buildings shall be of wood construction
(2) Type II Type II Buildings shall be of wood construction with protective fire-resistant materials and one-
hour fire-resistive.
 (3) Type III. Type III Buildings shall be masonry and wood construction, Structural elements may be any of
the materials permitted by this Code Provided.
 (4) Type IV Type IV Building shall be of steel, iron, concrete or masonry construction Walls and permanent
partitions shall be of incombustible fire-resistive construction.
(5) Type V Type V Buildings shall be fire-resistive. The structural elements shall be of steel, iron, concrete or
masonry construction. Walls and permanent partitions shall be incombustible fire-resistive construction.
 STAGES OF FIRE

• Ignition
• Growth
• Flashover
• Fully developed
• Decay
IGNITION
 - Ignition describes the period when the four elements of the fire tetrahedron come together and
combustion begins.
 
GROWTH
 - Shortly after ignition, a fire plume begins to form above the burning fuel. As the plume develops, it
begins to draw or entrain air from the surrounding space into the column.
 
FLASHOVER
 A flashover is the near simultaneous ignition of all combustible material in an enclosed area. When
certain materials are heated they undergo thermal decomposition and release flammable gases
Flashover occurs when the majority of surfaces in a space are heated to the auto-ignition temperature
of the flammable gases.
FULLY DEVELOPE
 -The fully developed fire stage occurs when all combustible materials in the compartment are
involved in the fire.

DECAY
- As the fire consumes the available in the compartment, the rate of the heat released begins to
decline.
FACTS ABOUT FIRE
 
FIRE IS FAST
 A fire will double every 30 Seconds under normal conditions. In as little as 3 minutes, a small fire can erupt into a
"FLASHOVER“.

DARK
A small fire can produce enough smoke to fill building in minutes.
-Smoke results in:
- Teary eyes
-Choking sensation
- Impaired judgment due to Carbon Monoxide (CO) -Loss of spatial recognition
-Sedation effect - Respiratory failure
 
HOT
- Within minutes, air temperature in a burning room can reach 300 degrees Celsius. This temperature hot enough to melt
clothes, skin and scorch your lungs in one breathe. Temperatures can climb to between 650-760 degree Celsius.

DEADLY
-Most people who die in fires, die from breathing smoke and Carbon Oxide, Hydrogen Cyanide, Ammonia and hundreds of
toxic gases other irritants attack your eyes, nose, throat and lungs
 -They numb your senses and leave you dazed.

CARBON MONOXIDE
Makes you disoriented and stops you from thinking and breathing.

NITROGEN OXIDE
Makes you disoriented and stops you from thinking and breathing.

 
CARBON DIOXIDE
 
Mixes with moisture in the eyes, nose and throat, which causes coughing and hacking. Then turns into nitric
acid, which starts to burn the tissue.
WHAT TO DO IN CASE OF FIRE
 

S-sound the alarm

  Press Manual fire alarm
 Shout

A-advise fire department

 Call for Help
 Dial the Nationwide Emergency Hotline numbers 117, 110, 911 contact number of nearest Fire Station
 

F-fight fire
 Use of fire extinguisher
E-evacuate
If you think you will not be able to extinguish the FIRE, it is time to EVACUATE Do not panic stay calm.
Stay down on the floor to avoid inhaling toxic smoke Cover your nose and mouth with wet cloth
Find the means of egress quickly. Crawl to safety quickly.
Do not worry about your appearance or your personal belongings.
Do not attempt to return.
Make sure that all family members/ occupants are In case of unaccounted person, report immediately
all accounted for.
In case of an accounted person, report immediately to the responding FIREMEN
 

T-tell others
Inform some occupants of the building
Y-you get clear
- Don’t attempt to return
- Do Not Hide
Go outside
TO ESCAPE DURING A FIRE or when TRAPPED
 Don't attempt to return Do Not Hide
 Go outside! Get out quickly and safely! Never hide or take time to gather up your belongings
TO ESCAPE DURING A FIRE or when TRAPPED
 Crouch low and crawl to safety quickly
 Find an alternative exit quickly Close door behind you
Call for help
 "Stay out
If your clothes catch fire , STOP, DROP AND ROLL

■STOP - when you are in motion, do not run.

■DROP- immediately drop to the ground and cover your face with your hands.
■ ROLL- roll over and over to smother the flame.
DEGREE OF HAZARD
Means the probability that a building, structure or facility may catch fire, the difficulty in evacuating people
therefrom, the difficulty of suppressing the fire therein. It may either be low, medium, high or very high
depending upon the following factors:
-Construction of materials used;
  -Combustibility contents; Type of occupancy. Load capacity of number of occupants normally resent
-Height from the ground level;
- The longest horizontal distance that an occupant or firefighter will travel to escape or fight a fire
respectively.
-Fire safety construction and/or protective and warning system present installed
Thermal Layering
-Gas forming into layers according to temperature
-Other terms are: Heat stratification and thermal balance
-Smoke is a heated mixture of air, gases, and particles that rise.

Why is Thermal Layering Critical to Fire fighting?

- Hottest air and gases rise, allowing for ventilation and making lower levels safer for fire
fighters
  - Improper water application disrupts the thermal layer causing steam to circulate through all
levels. Forced
  ventilation then required
- Disruption of thermal layer causes a burn hazard to fire fighters
PHYSIOLOGICAL EFFECTS OF REDUCED OXYGEN

  -21% - Normal
-17% -Some impairment of muscular coordination
  -12% - Dizziness, headache, rapid fatigue
  -9% -Unconsciousness 6% - Death
-6%- Death

ARCHING

- Interrupted current flow

- Open switch
- Loose connection
- Arc welder
FIRE POINT- The temperature at which a liquid fuel will produce vapors sufficient to support continuous
combustion once ignited The fire is usually a few degrees above Flash point

FLASH POINT- The minimum temperature at which liquid fires gives off sufficient vapors to form an ignitable
mixture with the air near the surface. At this temperature, the ignited vapors will flash but will not continue to
burn.
IGNITION TEMPERATURE - The minimum temperature to which a fuel in air must be heated to start self-
sustained combustion with out a separate ignition source.
COMBUSTION-The self sustaining process of rapid oxidation of a fuel which produces heat and light.

HOW TO LOCATE THE ORIGIN OF FIRE

 
By Witnesses - the first who discovered the fire
Low Point of Burning - the lowest point of burning should be given the outmost consideration in locating the
origin of fire. Fire will normally burn up-ward; the hot gases and carbon particles will continue to rise for any
period of time before the fire spreads downward.
Charring - the char will generally be deepest from where the fire originated. When the fire is extinguished quickly,
the charring is only slightly below the surface.
 
Alligatoring - fire burning for a longer period indicates a char pattern that is deep and pronounced. The charring
on the woods exactly looks like the hide of a black alligator patterns.
Common Causes of Incidiarism/Arson

• Financial gain Criminal cover up

• Sensual satisfaction revenge
• Vandalism
• Acts of violence
• Psychological derange/ pyromania
The usual and underlying motive in arson cases are:
 

a. Defraud insurance company

b. Concealment of crime
 c. Destruction of evidence, records, other objects
d. Business rivalry or competition
e. Revenge, spite, grudge, jealousy f. Intimidation, extortion.
g. Sabotage
h. Diversionary tactic
i. Pyromania
J. Secure work contract
l. Hero complex
m. Vandalism
Defraud insurance company
 
• The insurance angle of arson cases is most important and should be carefully investigated
• It goes without saying that the financial status of the suspect as well as the dates of any embarrassing
payments due about the time of the fire should be ascertained
• The intent to defraud the insurer may not always be manifested by the increasing of the insurance just
before the commission of the crime
• Cases are known where the insurance was reduced to some extent before the setting of the fire in
order to avoid suspicion
• Surreptitiously remove the most valuable goods from the premises on a bogus sale or shipment leaving
the unwanted goods to be damage or destroyed by fire
The motive to defraud insurance companies may be inspired by any of the following reasons:
a. To liquidate the business enterprise
b. To dispose of obsolete merchandise
c. To avoid bankruptcy or financial failure in business
d. To destroy manufactured articles that are non-salable because of cancellation of orders or defects in the product
e. To destroy old or obsolete machinery or fixtures because it would be too expensive to repair or improve them
and maintenance costs are too high
f. To avoid the cost of moving merchandise from one locality to another
g. To dispose of an unprofitable or worthless building
 h. To quickly acquire cash to meet obligations
i. To cancel a lease on property.
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