CDI 6

ELDRIAN DELGADO LLABAN.

MATTERS TO BE INVESTIGATED

• Origin and cause of fire

• The perpetrator(s) if there is/are any; and
• The motive behind the occurrence of fire
THE LEGAL ASPECT OF FIRE INVESTIGATION

•Arson-Is the intentional or malicious

destruction of property by using fire
• Intent must be proved, other wise , no crime
PROPERTY

• Real property – immovable- exception ( transpo)

• Personal property - movable
3 ELEMENT OF ARSON

• 1.) that the actual burning took place

• 2.) that the actual burning is done with malicious intent; and
• 3.) the actual burning is done by a person(s) legally and criminally liable
COMPLEXITY AND UNIQUENESS OF FIRE INVESTIGATION

• Fire destroys evidence

• If it is arson, it is planned motivated and committed in discreet
• Rarely can there be an eye witness
CAUSES OF FIRE

• Accidental fire cause- does not involve a deliberate human act to ignite or spread fire into
an area where the fire should not be
• Natural fire cause- without direct human intervention
• Incendiary fire cause/ arson/ intentional- deliberately set or under circumstances in which
the person knows that the fire should not be set
• Undetermined fire cause- cause cannot be proven
PD NO. 1613
AMENDING LAW ON ARSON

• Section 1. arson- any person who burns or set fire to the property of another shall be
punished by prison mayor
- the same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose danger the life of another
SPECIAL AGGRAVATING CIRCUMSTANCES IN ARSON

• If commited with intent to gain

• If commited with benefit of another
• If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;
• If commited by a syndicate
PRIMA FACIE EVIDENCE OF ARSON

• If the fire started simultaneously in more than one part of the building or establishment
• If the substancial amounts of flammable substances or materials are stored with in the
building not neccesarily in the business of the offender nor for the house hold use.
• If the gasoline kerosene and any other flammable or combustible substances ar found in
the ruins or premises of the burned property or building
• If the building or property is insured for substantially more than its actual value at the
time of issuance of the policy
PRIMA FACIE EVIDENCE OF ARSON

• If during lifetime of the corresponding fie insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and /or
insured
• If shortly before the fire , a substancially portion of the effects insured and stored in a
building or property had been withdrawn from the premises exept in the ordinary course of
business
• If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or for the safety of the person or property of the
victim
DETERMINING MOTIVATION IN ARSON

• Emotional factor
• Mental sickness
• Profit
• Concealment of another crime
• Organized crime and terrorism
CORPUS DELICTI

• Body or substance of the offense or in the accepted legal sense means merely the fact that
a crime has been committed. AKA body of the crime
- Burning
- Criminal design
PEOPLE OF THE PHIL. VS MALNGAN

1. Main objective: burning of building or edifice- death by reason or on occasion of arson

-crime committed: arson only , homicide is aborbed in arson.
2. Main objective: kill particular person who maybe in the building or edifice- fire
resorted to as a means to accomplish such a goal.
-crime committed: murder only
PEOPLE OF THE PHIL. VS MALNGAN

3. Main objective : kill particular person-fire resorted to as means to cover up killing

- 2 separate and distinct crimes: homicide/murder and arson

Note : there is no special complex crime of arson with homicide.

CIRCUMSTANTIAL EVIDENCE IS SUFFICIENT FOR CONVICTION IF:

• There is more than one (1) circumstances;

• The facts from which the inferences are derived are proved; and
• The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt.
PLANT, ACCELERANT, TRAILER

• Plant- the preparation and /or gathering of combustible materials needed to start a fire
• Accelerant- highly flammable chemicals that are used to facilitate flame propagation
• Trailer- the preparation of flammable substances in order to spread fire
FIRE ARSON INVESTIGATION AS A PROCESS

It involves the systematic process of:

1. Identifying
2. Collecting
3. Preserving
4. Evaluating
5. Presenting
DUTIES OF A FIRE ARSON INVESTIGATOR
DURING FIRE ALARM

1. Upon the notification of a fire call or fire incident, the duty fire arson investigator (FAI)
who has jurisdiction over the location of the fire incident shall mandatory to
immediately respond at the soonest possible time. The conduct of initial inquiry
through interview and elicitation from al available witness at the fire scene must be
done instantaneously.
DURING FIRE ALARM CONT…

2. As soon as the area of origin or the focal point of the fire is ascertained, the FAI shall
make necessary coordination with BFP firefighting personnel to include the volounteer
fire brigades to exert diligent and careful efforts in the conduct of fire suppression
operation in the identified AREA OF ORIGIN to preserve the EVIDENTIAL VALUE
and the focal point of the fire that might be destroyed due to excessive flooding in the
area.
DURING FIRE ALARM CONT…

3. The fire scene should be well protected and secured. Coordination with local police
units or brgy. Personnel should be done in order to secure the fire scene from looters
and other persons who has intention of entering the burned premises, so as to avoid
contamination of the fire area.
DURING FIRE ALARM CONT…

4. In the event that the FAI discovered SUSPECTED HAZARDOUZ MATERIALS/

suspected illegal or regulated chemicals, during the conduct of investigation on the
burned premises, the circumstances shall be immediately reported to proper office.
DURING FIRE ALARM CONT…

5. Once the fire ground commander (FGC) declared “FIRE OUT” the FAI shall take
cognizance the responsibilities of PROTECTING and SECURING the whole fire scene
by sealing/closing the perimeter with barricade tape (fire tape). Posting of uniform BFP
personnel for security purposes may also be carry out as deemed necessary.
DUTIES OF THE FIRE ARSON INVESTIGATION

1. Shall perform systematic scientific examination and visual reconstruction of the fire
scene. This is also to include the complete documentation and proper recording of the
fire area by use of photography, diagrammatic sketch and notes. The diagrammatic
sketch should clearly depict the fire scene, its area, point of origin, area measurement ,
location of evidence and other important details.
2 TYPES OF FIRE SCENE RECONSTRUCTION

Deductive approach- this approach entails immediate assumption of a theory then later
support it by collecting corroborative information.
Inductive approach- requires the collection of information first. Analysis and evaluation
information follows to develop a theory.
DUTIES OF THE FIRE ARSON INVESTIGATION

2. Conduct interview to all witnesses. The interview should be done in question and
answer form and shall be done under oath preferably by a person of authority whenever
available . All witnesses to be conducted with final interview shall be FORMALLY
INVITED to the fie station/ investigation office concerned in a form of invitation letter.
3. Conduct THOROUGH ANALYSIS of the fire scene in order to identify the IGNITION
SOURCE, initial materials ignited and other factors which bring them together to produce a
fire. Examination of FIRE SPREAD and FIRE PATTERN which includes thermal effects
on materials such as charring, oxidation, consumption of combustibles, smoke and soot
deposits, distortion, melting effect, color change, changes of material structure and
structural collapse, must be conducted.
FINGERPRINTS OF FIRE

• Alligatoring- it is partially burned residue of a campfire and it is how the blister logs
resembling skin similar of a crocodile
• V- pattern- when it is distinct , the bottom of the cone sometimes point to where the fire
started, or where the fuel was burned
• Charring/ depth of char – used to determine the length of burning , used to determine the
origin of fire.
FINGERPRINTS OF FIRE

• Spalling – occurs when extreme temperatures weaken the surface of concrete, masonry ,
or brick, causing it to chip, pit, and scar.
• Clean burn – a fire pattern on a non combustible surface where soot deposits have been
burned away by direct flame contact or intense radiant heat leaving clean area bordered
by sooty stains.
DUTIES OF THE FIRE ARSON INVESTIGATION

4. Identify, recognize and collect physical evidence found at the fire scene that have
PROBATIVE VALUE on fire cause determination. Pieces of evidence to be collected shall
be photographed first. PROPER DOCUMENTATION, SEALING and PACKAGING of
evidence recovered prior to submission to Fire Arson Laboratory- BFP National
Headquarters for laboratory examination shall be observed.
METHODS OF COLLECTING EVIDENCE

• Single strip
• Double strip
• Zone search
• Spiral search
• Wheel search
5. On the first phase of the investigation, the FAI shall prepare the LISTING OF
DOCUMENTS needed to be accomplished / submitted by the fire victim/s, building
occupant/s and other parties affected by fire.
DUTIES OF THE FIRE ARSON INVESTIGATION

6. The FAI must inform all concerned persons, occupants and managements of the burned
premises that the fire scene is RESTRICTED TO ENTRY to any person until the
investigation being conducted by the BFP at the burned premises is COMPLETED
and/or TERMINATED.
DUTIES OF THE FIRE ARSON INVESTIGATION

any removal, retrieval of items stored at the scene of the fire ,demolition, reconstruction
and rehabilitation of the fire scene is allowed upon securing approval to the investigating
body through submission of formal written request by the fire victim
FIRE CLEARANCE CERTIFICATE VS. FIRE
INCIDENT CERTIFICATION VS. FIRE INCIDENT
CLEARANCE
• Fire clearance certificate- given to fire victim in lieu of fire investigation report for purposes
of insurance claim and for other lawful applications, FCC can only be issued to fire incident
which is accidental.
• Fire incident certification- given to the fire other occupants affected by the fire incident for
their record purposes and other legal use upon their request.
• Fire incident clearance- given to fire victims and other occupants allowing any removal,
retrieval of items stored at the scene of the fire, demolition, reconstruction, and
rehabilitation of fire scene after the investigating body had completely finished processing
the fire scene and concluded their investigation.
DUTIES OF THE FIRE ARSON INVESTIGATION

7. In such event that death results from a fire incident (FATAL FIRES), the concerned FAI
shall immediately sought the assistance of the Philippine National Police - Scene Of the
Crime Operation (PNP - SOCO), or any other legal / recognized group for lifting and
autopsy of the cadaver / body found at the fire / crime scene.
LEVEL OF AUTHORITY TO CONDUCT
INVESTIGATION
• MUNICIPAL FIRE MARSHAL - total amount of damage not exceeding to Twenty
Million Pesos (Php 20,000,000.00)
• CITY FIRE MARSHAL - total amount of damage not exceeding to Thirty Million Pesos
(Php 30,000,000.00)
• DISTRICT FIRE MARSHAL - a total damages amounting to above Thirty Million Pesos
(Php 30,000,000.00), but not exceeding to Forty Million Pesos (Php 40,000,000.00)
LEVEL OF AUTHORITY TO CONDUCT
INVESTIGATION
• PROVINCIAL FIRE MARSHAL - a total damages amounting to above Thirty Million
Pesos (Php 30,000,000.00), but not exceeding to Forty Million Pesos (Php
40,000,000.00)
• REGIONAL DIRECTOR - a total damages amounting to above Forty Million Pesos (Php
40,000,000.00), but not exceeding to Sixty Million Pesos (Php 60,000,000.00).
• CHIEF, BUREAU OF FIRE PROTECTION - a total damages amounting to above Sixty
Million Pesos (Php 60,000,000.00).