LAWS ON ARSON

This chapter will present and point out what are the reasons that
contribute to the spread of fire. There are three principal causes of fire
namely; men, women, and children. This statement still has considerable
significance because most of the more than one and a one quarter million
building fires that occur every year in the United States and Asian countries
particularly the Philippines are caused by human errors either of omission
or commission. For that reason considerable importance is placed upon
education the public along fire prevention lines or programs. For many
years we have referred to the “causes” of fire. This was not always strictly
correct. For example, flammable liquids have been listed as one of the
correct. For example, flammable liquids have been listed as one of the
causes of fire, yet flammable liquids cannot alone cause a fire unless some
ignition source is provided, and one may well ask, “What caused the fire,
the flammable liquid or the ignition source?”
 In the United States, the investigation of fires for their causes and
the detection and apprehension of arsonist is correctly the function of the
fire department. Arson and the malicious activities of many persons cause a
significant impact each year in this country and abroad. There are many
motives that contribute these crimes.
The legal authority for investigating fires and prosecuting people
who arranged for a fire is usually given to the State Fire Marshall. But
proving a case of arson against one or more persons is another matter
entirely, and may not be possible no matter how convinced the investigator
may be of the guilt. The choice of whether to prosecute is up to the District
Attorney’s office as part of the criminal justice system.
In the Philippines, under the DILG or PNP Law, the Bureau of Fire
Protection and Public Safety 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 equipment,
ships or vessels docked at piers or major seaports, petroleum industry
installations, plane crashes and other similar incidents, as well as the
enforcement of the Fire Code (P.D. 1185) and other related law.
 It has the major power to investigate all causes of fires and if
necessary, file the proper complaints with the proper authority that has
jurisdiction over the case (RA 6975, sec 54).
December 19, 2008, Republic Act 9514 was signed by President
Gloria Macapagal Arroyo known as the “Revised Fire Code of the
Philippines”. An Act Establishing A Comprehensive Fire Code of the
Philippines, Repealing Presidential Decree No. 1185 and for other
purposes.
ARSON
Is a crime against persons or property.
The willful and malicious burning of another’s property or the burning of
one 'own property with intent to injure or defraud the insurer of that property.
The burning of all kinds of buildings, structures, aircraft, watercraft,
drops, forest land and personal property. Arson laws vary as to details throughout
the U.S., however, most will contain as the core of the Corpus Delicti;

1. That the fire was ignited willfully and maliciously to destroy buildings or
property (of human origin, by incendiary means, not natural or accidental).
2. The burning actually occurred (property need not be destroyed, scorching is
sufficient).
3. That the property is of another, or in the case of one’s own property the intent
was to injure or defraud the insurer.
4. That any person who caused the fire to be set, is aided, counseled or procured
the burning is equally responsible as the actual fire setter.
What Contributes Arson?
1. Burning- there must be a burning or changing, i.e., the fiber of a wood must be
destroyed or decomposed, its identity or physical state changed.
2. Willfulness- the act was done purposely and with intention.
3. Motive- the moving cause that induces the commission of the crime.
4. Malice- it denoted hatred or desire for revenge.
5. Intent- the purpose or design with which the act is done and involves the will to do
act.
Although the motive of arson is not one of the elements of the crime
(corpus delicti), it is important to determine the motive, if at all possible
development of motive will often determine the direction the investigation will take,
and it can assist the prosecutor presenting the case in court by showing why the
dependant was involved in the arson.
Most of the physical evidence in arson is often destroyed. To prove arson
was committed. To prove arson was committed, Corpus Delicti (the body of the
crime) must be shown and the identity of the arsonist must be established.
Most Common Motives of Arson:
 Concealment of Other Crimes
 Defrauding the Insurance Company
Types of insurance fraud arsons:
1. Quick profit
2. Revenge, Spite or Anger
3. Mental Illness
4. Vandalism
What is Corpus Delicti?
It is the fact that crime was committed.
Factors involved:

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 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 of burned- absence of effort to put off the fire and
such other indications.
BASIC LINES OF INQUIRY
Points of Origin of Fire
Initially, the important point to establish is the point of origin of
the fire, or what particular placed in the building the fire started. This may
be obtained or established by and examination of witness/es by the arson
investigator, by inspection of the debris at the fire scene, and by studying
the fingerprint of fire.

The Fingerprint of Fire

This occurs during the free burning stage of the fire, or when it
undergoes pyrolytic decomposition or heated gases move upward on the
walls leaving a burnt pattern.
Witnesses must be questioned as to:
 His identity;
 What attracted his attention;
 The time of observation;
 His position in relation to the fire at the time of his observation;
 Exact location of the blaze;
 The rapidly or the speed of spread of the fire,
 Color of flame and odor if he/she is in position to observe this;
 Size and intensity,
 Any other person in the vicinity seen by the witness.

Note Fire Setting Mechanism:

 matches
 candles
 electrical system
 mechanical means
 chemical methods
Motive
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 the 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 (pyromaniac)
 Psychos
 Three types of fire setters whose acts have been a sexual roots and
who may be found among pyromaniacs;
1. Those who are sexually excited by hatching the fire;
2. Those who uses fire as a defense, setting fires during a period of enforce
sexual abstinence;
3. Those who uses fire setting as a total sexual substitute, to free setter from
an undesirable sexual habit.

In determining motive, the arson investigator must concentrate on

the three (3) Major Factors namely:
4. Point of Origin
5. Modus Operandi
6. Beneficiaries
Most Common Motives of Arson:
1. Economic Gain (Defrauding the Insurance Company)
 Insurance fraud- benefits
 Desire to dispose merchandise- loss of market value being out of season, lack of
raw materials, over supply or merchandise.
Types of Insurance Fraud of Arsons:
 Quick Profit
 Revenge, Spite or Anger
 Mental Illness
 Vandalism

2. Profit by the Perpetrator other that the Insured person

 Insurance agent wishing 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. Pyromaniacs- the uncontrollable impulse of a person to burn anything
without any motivation.
 Abnormal youth- epileptics, imbeciles, and morons
 Hero type- a person responsible setting a building on fire and pretends to
discover it, turn the alarm or make some rescue works to appear as
“hero”.
 Drug Addicts and Alcoholics
 Sexual Deviates and Perverts
Development of Prime Suspects
This identification results from the full development of leads, clues and
traces, the testimony of persons particularly eyewitnesses and the development
of expert testimony.
Techniques used to investigating Arson Incidents

 Search of the fire scene for physical evidence

 Protection of the scene
 Mechanics of search
 Collection and preservation of evidence
 Laboratory aids
 Backgrounds study of policy holders, occupants of the premises, owner of the
building or other person having major interest in the fire.
 Interview and interrogations of person/s who discovered the fire, the person
who activated the fire alarm, firemen, and eyewitnesses.
 Surveillance
Tell Tale Signs
These signs maybe obvious that the first fireman at the fire scene will suspect arson.
1. Burned Building- the type of building may indicate a set of fire under certain
circumstances. A fire of considerable size at the time the first apparatus arrives at
the scene is suspicious if a modern concrete or semi concrete building is involved.
2. Separate fires- when two or more fire breaks out within a building, the building is
certainly suspicious.
3. Color of smoke- some fire burn with little or no smoke but there are exceptions to
this. The observation of the smoke must be made at the start of fire since once the
fire has consumed a major proportion; the value of the smoke is lost, because the
smoke will not indicate the material used by the arsonist.
 When white smoke appears before the water from the fire hose comes in.
 Contact with the fire, it indicated humid materials burning. Examples, hay,
vegetables, phosphorus with garlic odor.
 Biting smoke indicates lack of air but if accompanied large flames it indicates
petroleum products and rubber.
 Reddish-brown smoke indicates nitrocellulose, SI, H , SO , HNO , HCl,
2 4 3
COLOR OF SMOKE
The firefighter’s first clue to the combustibles of the fire.
COMBUSTIBLES COLOR OF SMOKE

hay/ Vegetable compounds, Phosphorus white

Benzene White to Gray

Nitro-cellulose, Sulfur Yellow to brownish-yellow

Nitric and Hydrochloric acid, Gunpowder Yellow to brownish-yellow

Chlorine Gas Greenish-yellow

Wood, Paper, Wood Gray to brown

Iodine Violet

Cooking Oil Brown

Naptha, Lacquer Thinner Brownish black

Turpentine Black to brown

Acetone, Kerosene, Gasoline, Tar Black

Lubricating oil, Rubber, Coal, Plastics Black

Indication of Color of Smoke and Fire
Color of Smoke Material/ Substabce

Black smoke with deep red flame Petroleum products such as Tar,
rubber, plastics, etc
Heavy brown with bright red flame Nitrogen Products

White smoke with bright flame Magnesium Products

Black smoke with red and blue Asphalt

green flame
Purple- violet flame Potassium Products

Greenish-yellow flame Chloride or Manganese Products

Bright reddish-yellow flame Calcium Products

4. Smoke Marks- an experienced investigator will determine the
volume of smoke involved at a fire and the character as
residue deposited on walls or elsewhere. Smoke marks have
often been of assistance in determining the possibility of a
fire having more than one place of origin.
5. Color of Flame- the color of the flame is a good indicator of
the intensity of the fire, it is an important factor in
determining incendiarism.
 A reddish glow indicates heat of about 5000°C, a red light red about
1000°C
 Red flame indicates use of alcohol as accelerant
COLOR OF FLAME
Flame colors is another clue for the firefighters to determine the
intensity of fire.
Flame Color Temperature
Faint Red 975°F- 525°C
Red- visible in daylight 1050°F- 565°C
Blood red 1175°F- 635°C
Dark Cherry red 1250°F- 675°C

Medium Cherry red 1365°F- 740°C

Bright red 1555°F- 845°C
Salmon red 1650°F- 900°C
Orange 1725°F- 940°C
Lemon 1825°F- 995°C
Light yellow 1975°F- 1080°C
White 2200°F- 1205°C
Blue white 2550°F- 1400°C
6. Size of fire- the size of fire is important when correlated with the type of alarm, the
time received and the time of arrival of the first responder at the fire scene. Fire
makes what progress can be termed a normal progress. Such progress can be
estimated after an examination of the material burned in the building, and the
normal ventilation offered to the fire. The time element and the degree of the
headway much by the flames became important factors to determine possible
incendiarism.
7. Direction of Travel- while it is admitted that no two fires burn in identical fashion,
yet it can be shown that the fire makes normal progress through various types of
building. Considering the type of construction, the building materials,
combustibility of the contents, channel of ventilation, and circumstances
surrounding the sending alarm, an experience investigator can determine whether a
fire has spread abnormally fast.
8. Intensity- the degree of heat given off by a fire and the color of its flame often
times indicate that some accelerant has been added to the material normally present
in a building and the investigator must look further for more evidence used of such
accelerant. Difficulty in extinguishing the fire is often a lead to suspect presence of
such fluid of liquid as gasoline and kerosene.
9. Odor- the odor of gasoline, alcohol, kerosene and other flammable liquids which
are often used as an accelerant is a characteristics and often times an arsonists is
trapped because of this tell tale sign. Most of the fire-setters are inclined to use
substances which will make the blaze certain and at the same time burn up any
evidence of their crime.
10. Condition of Content- Persons rending to set their house on fire frequently remove
objects of value either materially of sentimentally. Store and other business
establishments remove a major portion of their content or replace valuable
merchandise without of style articles.
11. Doors and Windows- Locked doors and obstructed entrance and passageways are
sometimes point to an attempt to impeded firemen in their operation to put out the
fire. Doors and windows showing signs of forced entry may point to arson
preceded by burglary or arson by someone without a key to the premises.
12. Other Suspicious Substances- Interested by-standers of familiar faces and discovery
of some objects which might be part of a mechanical fire-setting device among
debris.
REPORTED BY
 BALANA, PAUL ALBERT
 LAMBOLOTO, ROLAND
 NACORDA, FREDERICK
 TABANGAY, REYMAR JORDAN