Republic of the Philippines

PARTIDO STATE UNIVERSITY

Camarines Sur

Lagonoy Campus
Module 10

LAWS ON ARSON AND ARSON INVESTIGATION

Name of Student: _________________________________ Week Number: 13-15

Course Code: CDI6 Name of Faculty: Nena Angela M. Vargas
Course Title: Fire Protection and Arson Investigation

I. Objectives

1. To determine and understand the process of Arson Investigation

2. To explain and familiarize the different duties of a fire arson investigator during fire alarms
3. To explain and familiarize the different duties of a fire arson investigator during fire
investigation

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II. Lessons
Laws on Arson and Arson Investigation

Arson

- A crime against property or persons

- The willful and malicious burning of another’s property or the burning of one’s own property
with intent to injure or defraud the insurer of that property

What constitutes Arson?

1. Burning
2. Willfulness
3. Motive
4. Malice
5. Intent
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

Most common motives of Arson

1. Concealment of other crimes

2. Defrauding the insurance company
3. Hatred or vengeance

Legal Authority to Conduct Fire Investigation

• R.A 6975, Sec. 50. Rule VII

• The Bureau of Fire Protection shall have the power to investigate all causes of fire and if
necessary, file the proper complaint with the City/Provincial Prosecutor’s Office which has
jurisdiction over the case.

• Appearance and giving testimonies before the court of law during legal proceedings

Matters to be investigated

1. Origin and cause of fire

2. The perpetrator/s, if there is any
3. The motive behind the occurrence of fire

Causes of Fire

1. Accidental Fire
2. Natural Fire
3. Incendiary Fire/ Arson
4. Undetermined Fire

Plant, Accelerant and Trailer

Plant- the preparation 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 a fire

Process of Fire Arson Investigation

It involves the systematic process of:

1. Identifying
2. Collecting
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

3. Preserving
4. Evaluating
5. Presenting

- the data or raw facts to produce valuable information to prosecute an offender that eventually
leads to proper administration of justice

1. Identifying- identifying data including physical things that may provide relevant information
regarding the fire incident being investigated

2. Collecting- act of gathering those identified data or facts or physical things

3. Preserving- act of keeping the collected pieces of evidence in their true and original form to
maintain its Forensic and Evidentiary value

4. Evaluating- process of determining the probative value of collected physical evidence

5. Presenting- court presentation, expert witness will present facts to prove that a crime was really
committed

Duties of a Fire Arson Investigator during Fire Alarm

1. Upon 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 all available witness at the
fire scene must be done instantaneously.

2. As soon as the area of origin or the focal point of fire is ascertained, the FAI shall make necessary
coordination with the BFP firefighting personnel to include volunteer brigades to exert diligent and
careful efforts in the conduct of fire suppression operation in the identified point of origin.

3. The fire scene should be well protected and secured. Coordination with local police units or
barangay 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.

4. In the event that the FAI discovered suspected hazardous material (HAZMAT), or suspected illegal
or regulated chemicals during the conduct of investigation on the burned premises, the
circumstances shall immediately reported to proper office.
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

HAZMAT

• Chemical

• Radiological

• Biological

• Nuclear

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. Posting of uniformed BFP personnel for security purposes may also be carried
out as deemed necessary.

Duties of a Fire Arson Investigator During Investigation Proper

1. Shall perform systematic scientific examinations and visual reconstruction of the fire scene. This
is also to include the complete documentation and proper recording of the fire area by the use
of photography, sketch and notes.

Fire Scene Reconstruction

- Process of recreating or re-enacting how the fire occurred based on rational theory

- To determine the MO (Modus Operandi)

- 2 Methods: Physical and Mental

2 Types of Fire Scene Reconstruction

1. Deductive Approach

- It entails immediate assumption of a theory then later supports it by collecting corroborative

information

- From General to Specific

2. Inductive Approach

- Requires a collection of information first

- Analysis and evaluation information follows to develop a theory

- Specific to General
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

Tell Tale Signs in suspected arson incident

1. Burned Building

2. Separate Fires

3. Color of Smoke

4. Smoke Marks

5. Color of Flame

6. Size of Fire

7. Direction of Travel

8. Intensity

9. Odor

10. Condition of Content

11. Doors and Windows

Indication of Color of Smoke and Fire

Color of Smoke Material/ Substance

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 red and blue green flame Magnesium products

Black smoke with red and blue green flame Asphalt

Purple-violet flame Potassium products

 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

Greenish-yellow flame Chloride or Manganese products

Bright Reddish- yellow flame Calcium products

Fire Scene Photography

• It provides permanent record of the facts at the fire scene

• Photograph pieces of evidence before lifting/collecting
• Remember the rule of “progressive photograph”
(photograph by general to specific)

Fire Scene Sketching

• Location of position of all evidence collected

• Bird’s eye view of fire origin
• Landmarks and fire incident location
• Position of the fire trucks during the firefighting operation
• Determine the distance of the fire station to the fire scene

2. Conduct interview to all witness. The interview shall 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 a formal interview shall be formally invited to the fire station. Investigation office
concerned in a form of invitation letter
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

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 the fire spread and fire pattern which includes thermal effects on materials such as:

1. Charring
2. Oxidation
3. consumption of combustibles
4. smoke and soot deposits
5. Distortion
6. melting effect
7. color change
8. changes of material structure and structural collapse
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

Fingerprints of Fire

1. Alligatoring

- Partially burned residue of a campfire and it is how the blisters logs resembling skin similar to
that of a crocodile

2. V-Pattern

- When it is distinct, the bottom of the cone sometimes points to where the fire started, or where
the fuel was burned.
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

3.Charring/Depth of Char

- Used to determine the length of burning

- Used to determine the origin of fire

 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

4. Spalling

- Occurs when an extreme temperatures weaken the surface of concrete, masonry, or brick,
causing it to chip, pit, and scar
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

5. Clean Burn

- Fire pattern of a non-combustible surface where soot deposits have been burned away by direct
flame contact or intense radiant heat, leaving a “clean area” bordered by sooty stains
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

4. Identify, recognize and collect physical evidence found at the fire scene that have probative value
on fire cause determination.

Ensure proper documentation, sealing and packaging for submission to the Fire Arson Laboratory in
BFP National Headquarters.

Chain of Custody

• Documentation of what has happened to the evidence from the time it was discovered until it is
needed in court, including every person who has had custody of the evidence and why

• It is the responsibility of thee scene investigator or a designated evidence technician who selects
and assembles all evidence collection equipment and materials.
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

5. On the first phase of investigation, the FAI shall prepare the listing of documents needed to be
accomplished/ submitted by the fire victim/s and building occupant/s and other parties affected by
fire.

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 is being conducted by
the BFP at the burned premises is completed and terminated

• Any removal, retrieval of items stored at the scene of the fire, demolition, reconstruction
and rehabilitation of the fire is only allowed upon securing approval to the investigating
body through submission of a formal written request by the fire victim
• Fire Incident Clearance (FIC)/
Property Recovery and Clearing Permit
 Republic of the Philippines
PARTIDO STATE UNIVERSITY
Camarines Sur

Fire Clearance Certificate

- Given to fire victim in lieu of Fire Investigation Report for purposes of insurance claims and for
other lawful applications.

- It can only be issued to fire incident which is ACCIDENTAL in nature

Fire Incident Certification

• Given to fire victims other than the 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 the fire

7. In such event that death results from a fire incident (fatal fires), the concerned FAI shall
immediately sought the assistance of the PNP-SOCO, or any other legal recognized group for lifting
and autopsy of the cadaver/body found at the fire scene/crime scene.

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III. Activity

1. Recitation

IV. Assessment

1. Quiz

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V. Suggested References:

1. Leo Bustria- Fire Behavior and Arson Investigation (2nd Edition)

2. Oscar Gatchalian Soriano- Fire Technology and Arson Investigation
3. Aquado (2009) Basic Firefighting Course