INTRODUCTION TO ARSON

Definition of Arson

According to old common law:

 Arson is the willful and malicious burning of the house or house of another man.

According to Revised Penal Code:

 Arson is the destruction of property by means of fire and the extent of liability depends
on:
a. Kind and character of building
b. Its location
c. Extent of damage or value
d. Its state of being inhabitant or not

According to webster:

 Arson is the malicious burning of a building or property (as dwelling house)

Definition of terms:

1. Willfulness –intentional and implies that the act was done purposely and intentionally.
2. Intent – Purpose or design with which the act is done and involves the will.
3. Motive – Influence the person to do something. Moving causes which includes the commission
of the crime.
4. Malice – Hatred or will or a desire for revenge.
a. A fire can only be considered as arson if all accidental and natural cause of fire will be
eliminated.
b. The mere burning of a building does not constitute the corpus delicti.
c. To prove the body of the crime it is necessary to show:
- First, that the building in questioned burned
- Second, It was burned as a result of the intentional criminal act of the accused.
5. Burning – To constitute burning, there must be burning or charring. A mere smoking, scorching,
or discoloration of the wood is not sufficient.
6. Charring - partially burn (an object) so as to blacken its surface.
7. Fire - a rapid, self-sustaining oxidation process accompanied by the evolution of heat and light of
varying intensity.
8. Oxidation - When fuel burns, it reacts with oxygen from the surrounding air, releasing heat and
generating combustion products (gases, smoke, embers, etc.)
9. Pyromania - is a type of impulse control disorder that is characterized by being unable to resist
starting fires.
10. Pyromaniac - a person with an obsessive desire to set fire to things.

HISTORY
Arson has evolved, since the 18th century, from a wrongful individual act into an effective means of
collective violence, too.

From 1750, the privatization of common land in England limited peasants' access to resources such as
firewood and game. In defiance of the law, the rural poor burned the newly "enclosed" forests and deer
parks.

From the 1790s, in Britain and around the world, arson became an increasingly frequent weapon of rural
protest. Burnings peaked during poor harvests and in areas of high unemployment.

Arson is very accessible. Fire setting requires little effort and few tools. The invention of the Lucifer
match, in 1829, was timed perfectly for the "Swing riots" of 1830. During that violent year, fire engulfed
eastern English counties in which laborers were paid low wages.

ARSON BASED ON LEGAL POINT OF VIEW

ARSON is committed by any person who burns or sets fire to the property of another or to his own
property under circumstances which expose to danger the life or property of another.

THREE KINDS OF ARSON:

1. Arson
2. Destructive arson; and
3. Other cases of arson.

SIMPLE ARSON: PD 1613

 Any person who burns or sets fire to the property of another shall be punished by
prision mayor.
1. That the property burned is the exclusive property of the offender; and
2. That
(a) The purpose of the offender is burning it is to defraud or cause damage to another, or
(b) Prejudice is actually caused, or
(c) the thing burned is a building in an inhabited place.

SPECIAL AGGRAVATING CIRCUMSTANCES In ARSON:

a. If committed with intent to gain;

b. If committed for the benefit of another;
c. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned; or
d. If committed by a syndicate.

DESTRUCTIVE ARSON: ARTICLE 320 OF THE RPC

  The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be
imposed upon any person who shall burn:
a. Building or Edifice
b. Building Open to Public
c. Train, Locomotive, Ship or Vessel for transportation, public use, leisure, entertainment
d. Building, factory, warehouse for service of Public Utilities
e. Building to conceal evidence, conceal bankruptcy, defraud creditors
f. Arsenal/Military/General Museum
g. Inhabited Place

OTHER CASES OF ARSON: Sec. 3 of PD 1613

 Other Cases of Arson which are punishable by the penalty of reclusion temporal to
reclusion perpetua:
a. Any building used as offices of the government or any of its agencies;
b. Any inhabited house or dwelling;
c. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
d. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
e. Any rice mill, sugar mill, cane mill, or mill central; and,
f. Any railway or bus station, airport, wharf or warehouse.

BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON

The four (4) basic lines of inquiry in the investigation of arson:

1. Point of Origin of Fire

 The location where the fire started.
 Initially, the important point to be established is the point of origin of fire, or what
particular place in the building the fire started.
 We are going to know how or where the fire started.
2. Motives of Arsonist
 Why did the person set a fire?

Here are some motives of an arsonist:

1. Economic gain
 Existing business transaction that the arsonist would like to avoid such as
impending liquidation, settlement of estate, need for cash, prospective rentals.
2. Concealment of crime
 When the purpose of hiding a crime or committing a crime, arson was used as
means.
3. Punitive measure
 Committing arson to inflict injury to another due to hatred, jealousy and
revenge.
4. Intimidation or economic disabling
 Arsonist as saboteurs, strikers and racketeers to intimidate management or
employer.
 5. Pyromania
 A pyromaniac having the uncontrollable impulse to burn anything without any
motivation. They do not run away from the fire scene since they love watching
fire burning.
3. Identification of prime suspect
 this involves identification results from the full development of leads, clues, and traces.
The testimony particularly eyewitnesses and the development of expert testimony.
4. Identification of the fire setter

TESTIMONIAL AND CIRCUMSTANCIAL EVIDENCE IN ARSON CASES:

 Testimonial evidence pertains to the statement of the observation of the witnesses

about the fire scene.
 Circumstantial evidence are circumstances that may indicate or imply how the crime
transpired.

ORIGIN OF FIRE

 The first step in recognizing arson is the exclusion of all accidental and natural causes of fire.

Fire may belong to anyone of the following:

CAUSES OF FIRE

I. Natural causes without human intervention

 Lightning
 Explosion
 Spontaneous combustion
 Miscellaneous Cause
II. Accidental cause with or without human intervention
 Faulty Wiring
 Careless handling of inflammables
 Children playing with match
 Careless smokers
Careless handling of electric stoves, candles, cigarettes, butts, mosquito coils.
3. Arson or Touch of fires (a set fire) when all natural and accidental causes have been eliminated,
then the fire is classified as suspicious.

TWO METHODS TO START THE FIRE

Mechanical Method

1. Matches - consist of three basic parts: a head, which initiates combustion; a tinder substance to
pick up and transmit the flame and a handle Candles and Cigarette
2. Mechanical devices like portable lamp or stove
 3. Electric System - commonly happens within modern buildings that have extensive electrical
wiring installed for lighting, heating, and machine supplies.
4. Heating appliances as heaters, sparker
5. Explosives

Chemical Method

1. Hot water or ice bag used as receptable for phosphorous and water ignition device.
2. Metallic sodium ignited by drops of water. Because of how strong the reaction is, a flame is
created when the hydrogen gas ignites.
3. Potassium chlorate, sugar and sulfuric acid. Potassium chlorate and regular table sugar react
violently when a drop of sulfuric acid is added as a catalyst. This results in the release of a
significant amount of heat energy, a stunning violet flame, and a lot of smoke.
4. Chemical devices such as thermit bombs and phosphorus.

INCENDIARY MATERIALS

 used to start a fire and they are combustible fuels. Examples of incendiary material
a. Arson Chemical – incendiary materials often used by arsonist as accelerants. Example
are alcohol, benzene, petroleum ether, gasoline, kerosene, naphtha, turpentine
b. Gases as acetylene, butane, CO. ethylene, hydrogen, natural gas, propane
c. Solids as chlorates, perchlorate, chromates, bichromates, nitrates permanganates

MOTIVE

Five motives that predominate in arson cases:

a. Economic gain
b. Concealment of crime
c. Punitive measure
d. Intimidation and economic disabling
e. Pyromania

FIRE ARE SET BY TWO TYPES OF SETTERS NAMELY:

1. Person with motive

a. Those with desire to defraud the insurer
b. Individuals who desire to defraud an insurer aim to deceive the insurance company for
financial gain. An example of these is the big company who has insurance like the
Starmall Alabang.
c. Employees or such other persons who have grievances (Fire of revenge)
d. Revenge is sometimes the cause of fire where a person wishes to destroy the goods of
another person against whom he has a bad feeling.
 e. Those who feel wronged or unsatisfied with certain parts of their employment or
treatment are known as grieving employees or individuals.
f. Those who desire to conceal evidence of their crimes
g. To avoid being discovered, having their unlawful activity looked at, or being prosecuted,
these people take steps to conceal or destroy evidence.
h. Those who set fire for purpose of intimidation.

Those persons that sets fire just to inflict fear to a person.

2. Person without motive

a. Mental Case
b. Pathological Fire-setters
c. Pyros
d. Psychos- This refers to those persons who has mental condition, wherein they perceived
a fire differently.

PYROMANIA

 Uncontrollable impulse towards incendiarism.

 A term used to describe a condition of mind leading to an act of arson.
 Pyromania is characterized by an uncontrollable urge to set fires. People with pyromania are not
motivated by malice or personal gain but rather by fascination with fire and the excitement or
relief they experience when setting it

PYROMANIAC

 A type of person who has passion for fire than can be satisfied only by watching flames.
 People who get pleasure in watching fireman put out fire.
 This is a type of persons who loves or satisfied if they seen a fire

DEVELOPMENT/IDENTIFICATION OF PRIME SUSPECT

1. Search of the fire scene for physical evidence.

 In here in order to know or identify the suspects we should first, search on the crime
scene for physical evidence that will prove if that person was really the one who sets
fire.
2. Background study of policyholders, occupants of premise, owner of building other person having
major interest in fire.
3. Interviews and interrogations of the person who discovered the fire, the one turned the first
alarm, fireman, eyewitness.
4. Surveillance.

IDENTIFICATION OF FIRE SETTER

 The testimony of persons, particularly eyewitness and the development of expert

testimony maybe of value.
POINT OF ORIGIN OF THE FIRE

Point of origin of the fire is the area that the physical evidence of criminal design is likely to be
discovered. The apex of the cone of damage will point to the general area of the origin of the fire.

Rooms that have been extensively damaged by extremely hot fires may show severe charring damage to
the floor.

Fire investigation begins by physically examining and documenting the scene, making observations about
the effects of the fire, smoke, and heat on the various materials that burned. An investigator takes
measurements and notes various elements, such as electrical sources and combustibles, all while
searching for potential sources that could have ignited the fire.

GUIDES IN THE INVESTIGATION OF THE FIRE SCENE

1. The scene must be protected so that evidence is not destroyed or removed either by careless
persons or the guilty party.
 Coordination with the 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.
2. Mechanics of search
 Investigators use systematic search patterns to ensure thorough coverage of the fire scene.
Common patterns include the grid, spiral, and quadrant methods. These patterns help
prevent the overlooking of crucial evidence and assist in organizing the search effort.
3. Collection and preservation of physical evidence
 In collection of physical evidence should be Identify, recognize and collect what is found at
the fire scene that have PROBATIVE VALUE on fire cause determination. Pieces of evidence
to be collected shall be photographed first and shall be collected in the presence of
witnesses independent to the investigating body.
 Proper handling and preservation of evidence are crucial. Investigators ensure that collected
items are packaged, labeled, and stored in a way that maintains their integrity. Chain of
custody protocols are followed to track the movement of evidence from the fire scene to the
laboratory.
4. Laboratory aids
 The laboratory aid is used to determine the materials and chemicals utilized/origin of the fire
and to assist the Fire Arson Investigator in solving the case under investigation.

COLLECTION AND PRESERVATION OF ARSON EVIDENCE

1. Two to three quarts of ash and shoot debris must be collected at the point of origin of a fire.
2. Specimen should be packed immediately in an airtight container.
a. Can use new clean paint cans with friction lids.
b. Wide-mouths glass can be used provided they contain airtight lids.
c. Leave an airspace in the container above the debris.
 3. Plastic polyethylene bags are not suitable for packaging.
4. Fluids found in open bottles or cans must be collected.
5. Thorough search of the scene should be undertaken for igniters.
6. Collect clothing of the suspect/perpetrator and place in a separate air tight container.
7. Freeze samples containing soil or vegetation.

The collecting and preservation of arson evidence are vital steps in an arson investigation since they are
critical for a successful investigation and careful handling of evidence is required to retain its integrity
and credibility in court.

TOXICOLOGY
Toxicology

 Is the branch of science that treats of poison, their origin, physical and chemical properties,
psychological action, and treatment of their noxious effects and methods of detection.

Etymology of Toxicology

 From the word “toxico” which means poison and “ology” which means study or science

Poison

 refers to the substance that when introduced to the body and absorbed through the blood
stream and acting chemically is capable of producing noxious effects.

Posology

 a branch of science that treats of the form and quantity of medicine to be administered
within a certain period.

Toxicologist

 a scientist who is concerned with the study of the poisons.

Two types of Poisoning

 From the Medical Point of View

a. Acute poisoning – prompt action
b. Sub-acute poisoning – cases of short duration and extreme violence
c. Chronic poisoning – gradually deterioration of function of tissues.
 From the Legal Point of View
a. Accidental poisoning
b. Suicidal poisoning
c. Homicidal poisoning
d. Undetermined
Action of Poisons

1. Local – changes produced on the part which poison comes in contact.

2. Remote- changes produced in distant parts awa6 from the site of application.
3. Combined- the effects of poison is not only localized at the site but also effects remote organs.

Investigation of Fatal Cases

 In the investigation of fatal cases, it is not necessary that an investigator on case should be
expert on the poison, since medico-legal officer and toxicologist will assist him in the
investigation, but it is important and will be a great help to him if he knows the following:
1. Symptoms of various kind of poison
2. The lethal dose of poisoning
3. The length of the time that may elapse after the poison has been taken
4. Where the poison was obtained
5. The chemical properties of the poison
6. Other names it is known in the market
7. Uses of poison

CONCLUSION
 In conclusion, fire arson investigations play a pivotal role in uncovering the causes and
origins of intentional fires, serving justice, and enhancing fire prevention strategies. The
complexities of arson cases demand a meticulous and interdisciplinary approach, involving
collaboration between fire investigators, law enforcement, and forensic experts for them to
resolve the case more efficiently.