CDI 108-FIRE TECHNOLOGY AND ARSON INVESTIGATION MAIN TOPIC 5
FIRE INVESTIGATION
In the Philippines, the Bureau of Fire Protection 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 installation,
plane crashes and other similar incidents, as well as the
enforcement of the Fire Code and other related laws. It has the
major power to investigate all causes of fires and necessary, file the
proper complaints with the proper authority that has jurisdiction
over the case (R.A. no. 6975, sec. 54).
Why Fires should be investigated?
The very reason why fires should be investigated is to determine
the cause of the fire in order to prevent similar occurrences. The
determination of the origin and cause of fire is arrived at only after
a thorough investigation. Since basic investigation is prelude to the
discovery of the true cause of the fire, an understanding of the
chemistry of fire and its attendant behavior should be a concern for
successful investigation.
Who are qualified to investigate fires?
A fire investigator should have the following traits:
1. Possession of knowledge of investigational techniques.
2. He should have an insight of human behavior.
3. He should have a first hand knowledge of the chemistry of fire
and its behavior
4. He should be resourceful.
PREPARED BY: ABEGAIL R GARCIA, RCRIM
Is Fire Investigation Complex and Unique?
Fire investigation is complex and unique because of the following
reasons:
1. Fire destroys evidence
2. If it is Arson, it is planned, motivated and committed is discreet.
3. Rarely can there be an eyewitness in Arson.
What are the roles of the Firemen in Fire Investigation?
Firemen are usually at the crime scene ahead of the fire
investigators. Hence, they are valuable sources of information.
They are the so-called "Eyes and Ears" of the police before, during
and after the fire has been placed under control. The information
taken from them may be categorize as:
1. Information attainable or developed prior to the arrival at the
scene
2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.
Legal Aspect of Fire Investigation
ARSON defined
Arson is the intentional or malicious destruction of property
by fire.
It is the concern of fire investigation to prove malicious intent of
the offender. Intent must be proved otherwise, no crime exists. The
law presumes that a fire is accidental, hence criminal designs must
be shown. Fire cause by accident or criminal design must be shown.
Fire cause by accident or negligence does not constitute arson.
What is Destructive Arson?
Under Article 320 of the Revised Penal Code, as amended, the
penalty of Reclusion Perpetua to Death shall be imposed upon any
person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single
act of burning, or as a result of simultaneous burnings, or
committed on several or different occasions.
2. Any building of public or private ownership, devoted to the
public in general or where people usually gather or congregate for
a definite purpose such as, but not limited to official governmental
function or business, private transaction, commerce, trade
workshop, meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels, motels, transient
dwellings, public conveyance or stops or terminals, regardless of
whether the offender had knowledge that there are persons in said
building or edifice at the time it is set on fire and regardless also of
whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane
devoted to transportation or conveyance, or for public use,
entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service to public
utilities.
5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of law, or
for the purpose of concealing bankruptcy or defrauding creditors
or to collect from insurance.
 CDI 108-FIRE TECHNOLOGY AND ARSON INVESTIGATION MAIN TOPIC 5
Irrespective of the application of the above enumerated qualifying
circumstances, the penalty of reclusion to death shall likewise be
imposed when the arson is perpetrated or committed by two or
more persons or by group of persons, regardless of whether their
purpose is merely to burn or destroy the building or the building
merely constitutes an overt act in the commission or another
violation of law.
The penalty of Reclusion Perpetua to Death shall also be imposed
upon any person who shall burn:
1. any arsenal, shipyard, storehouse or military power or firework
factory, ordinance, storehouse, archives or general museum of the
government.
2. in an inhabited place, any storehouse or factory of inflammable
or explosives materials.
If the consequence of the commission of any of the acts penalized
under this Article, death results, the mandatory penalty of death
shall be imposed (sec. 10, RA 7659).
What is the basis of criminal liability in arson?
1. Kind and character of the building burned
2. Location of the building
3. Extent or value of the damage
4. Whether inhabited or not.
What are other forms of arson?
Other forms of arson refer to those enumerated under Article 321
of the Revised Penal Code, as amended like the following:
1. Setting fires to any building, farmhouse, warehouse, hut, shelter,
or vessel in port, knowing it to be occupied at the time by one or
more person.
PREPARED BY: ABEGAIL R GARCIA, RCRIM
2. Building burned is a public building and value of damage exceeds
six thousands pesos (P6000.00).
3. Building burned is a public building and purpose is to destroy
evidence kept therein to be used in instituting prosecution for
punishment of violators of law, irrespective of the amount of
damage.
4. Building burned is a public building and purpose is to destroy
evidence kept therein to be used in legislative, judicial or
administrative proceeding, irrespective of the damage, if the
evidence is to be used against defendant of any crime punishable
under existing law.
Arson of Property of Small Value (Art. 323, RPC)
Burning of any uninhabited hut, storehouse, barn, shed, or any
other property, under circumstances clearly excluding all danger of
the fire spreading, value of the property not exceed 25.00 pesos.
The offender causes destruction by any of the following means:
1. explosion
2. discharge of electric current
3. inundation, sinking or stranding of a vessel
4. taking up the rails from a railway track
5. malicious changing of railway signals for the safety of moving
trains
6. destroying telegraph wires and telegraph post or those any other
communication system
7. by using any other agency or means of destruction as effective as
the above
Article 326, RPC Setting Fire to Property Exclusively Owned by
the Offender
This act is punished if the purpose of the offender is to:
1. Defraud or cause damage to another or
2. Damaged is actually caused upon another's property even if such
purpose is absent or
3. Thing burned is a building in an inhabited place.
Special Aggravating Circumstance in Arson
1. If committed with intent to gain:
2. If committed with the benefit of another:
3. If the offender is motivated by spite or hatred towards the owner
or occupant of the property burned:
4. If committed by a syndicate (3 or more persons).
Prima Facie Evidence of Arson
1. If the fire started simultaneously in more than one part
of the building or establishment
2. If substantial amounts of flammable substance or
materials are stored within the building not necessary
in the business of the offender or for house hold use.
3. If gasoline, kerosene, petroleum, or other flammable
or combustible substances or materials soaked
therewith or containers thereof, or any mechanical,
electrical, chemical, or electronic contrivance designed
to start a fire, a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises of the
burned building or property.
 CDI 108-FIRE TECHNOLOGY AND ARSON INVESTIGATION MAIN TOPIC 5
4. If the building or property is insured for substantially
more than its actual value at the time of the issuance
of the policy.
5. If during the lifetime of the corresponding fire
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.
6. If shortly before the fire, a substantial portion of the
effects insured and stored in a building or property
had been withdrawn from the premises except in the
ordinary course of business.
7. If a demand for money or other valuable consideration was
made before the fire in exchange for the desistance of the
offender or the safety of the person or property of the victim.
What Constitutes Arson?
1. Burning to constitute burning, pyrolysis must takes place.
In other words, there must be burning or changing, i.e. the fiber
of the wood must be destroyed, its identity changed.
2. Willfulness means intentional, and implies that the act was
done purposely and intentionally.
3. Malice it denotes hatred or a desire for revenge.
4. Motive is the moving cause that induces the commission of
the crime.
5. Intent is the purpose or design with which the act is done
and involves the will.
Methods of Proof in Arson
Physical evidences in arson are often in destroyed. To
prove arson was committed, Corpus Delicti must be shown and
identify of the arsonist must be established. Corpus Delicti
(body of the crime) is the fact of that crime was committed. The
following must show it:
PREPARED BY: ABEGAIL R GARCIA, RCRIM
1. Burning that there was fire that may be shown by direct
testimony of complaint, firemen responding to the crime, other
eyewitnesses.
2. Burned parts of the building may also indicate location.
3. Criminal Design must show that it was wilfully and
intentionally done. The presence of incendiary devices,
flammables such as gasoline and kerosene may indicate that the
fire is not accidental.
4. Evidence of Intent When valuables were removed from the
building before the fire, ill- feeling between the accused and the
occupants of the building burned, absence of effort to put off
fire and such other indications.
What are basic lines of inquiry in Arson Investigation?
The arson investigator must have to inquire on the following a)
point of origin of fire b) motives of arsonist c) prime suspects d)
the telltale signs of arson.
2. Motive of Arsonist
To understand the motives of arsonist, the arson investigator have
to note the following that fires are set by:
Persons with Motives
a. Those with desire to defraud the Insurer
b. Employees or such other person who have a
grievance (Fire revenge)
c. Those with desire to conceal evidence of a crime
d. Those who set fire for purposes of intimidation
People without motives
a. Those who are mentally ill
b. Pathological fire-setters
c. Pyros and the Psychos
Motives of Arsonist
1. Economic Gain
a. Insurance fraud - benefiting
b. Desire to dispose merchandise lost of market value being out of
season, lack of raw materials, over supply of merchandise can be a
big reason for arson.
c. Existing business transaction that the arsonist would like to
avoid such as impending liquidation, settlement of estate, need for
cash, prospective failure, and increase rentals business
3. Prime Suspects (and the Prima Facie Evidences)
The development of prime suspects - this involves identification
results from the full development of leads, clues and traces, the
testimony particularly eyewitnesses and the development of expert
testimony, The following technique may serve the investigation:
1. Search of the fire scene for physical evidence:
a. Protection of the scene
b. Mechanics of search
c. Collection and preservation of evidences
d. Laboratory aids
2. Background study of policyholders, occupants of premises,
owner of building or other person having major interest in the fire.
 CDI 108-FIRE TECHNOLOGY AND ARSON INVESTIGATION MAIN TOPIC 5
3. Interviews and interrogations of persons who discovered the
fire, and the one who turned the first alarm, firemen, and
eyewitnesses.
4. Surveillance
The Tell Tale Signs of Arson
These signs maybe obvious that the first fireman at the scene will
suspect arson or they maybe so well concealed that most of patient
investigation to show that it is set off will be required.
1. Burned Building - the type of the building may indicate a
set fire under certain circumstance. A fire of considerable
size at the time the first apparatus arrive at the scene is
suspicious if it is a modern concrete or semi-concrete
building.
2. Separate fires when two or more separate fire breaks out
within a building. The fire is certainly suspicious.
3. Color of Smoke some fire burn with little or no smoke but
they are exception. The observation of the smoke must be
made at the start of the fire since once the fire has assumed
a major proportion, the value of the smoke is lost, because
the smoke will not indicate the material used by the
arsonist
a.) When white smoke appears before the water from the
fire hose comes in contact with the fire, it indicates humid
material burning. Example burning hay, vegetable
materials, phosphorus (with garlic odor).
b.) Biting smoke, irritating the nose and throat and causing
lacrymation and coughing indicates presence of chlorine.
c.) Black smoke indicates lack of air if accompanied by
large flames it indicates petroleum products and rubber.
d.) Reddish-brown smoke indicates nitrocellulose, S1, H2,
S04, HNO3, or HCI.
e.) Meaning of color of Smoke and Fire:
PREPARED BY: ABEGAIL R GARCIA, RCRIM
o Black smoke with deep red flame petroleum
products, tar, rubber,
o plastics, etc.
o Heavy brown with bright red flame nitrogen
products
o White smoke with bright flame magnesium
products
o Black smoke with red and blue green
o flame - asphalt
o Purple-violet flame potassium
o products Greenish-yellow flame Chloride
orManganese products
o Bright reddish yellow flame - Calcium products
4. Color of flame. The color of the flame is a good indication
of the intensity of the fire, an important factor in
determining incendiarism.
5. Amount of Heat A reddish glow indicates heat of 5000
degrees centigrade, a real bright read about 100 degrees
centigrade. Red flames indicate of petroleum. Blue flame
indicates use of alcohol as accelerant.
6. Smoke Marks An experience investigation will
determine the volume of smoke involved at a fire and the
character as residue deposited on walls or elsewhere.
Smoke in marks have often been of assistance in
determining the possibility of a fire having more than one
place of origin.
17. Size of Fire - This is important when correlated with
the type of alarm, the time received and the time of arrival
of the first fire apparatus.
Fires make what might be termed a normal progress. Such
progress can be estimated after an examination of the
material burned the building and the normal ventilation
offered of the fire. The time element and the degree of
headway by the flames become important factors to
determine factors to determine possible incendiarism.
8. Direction of Travel While it is admitted that no two fires
burn in identical fashion, yet it can be shown that fire
makes normal progress through various types of building
materials, combustibility of contents, channel of
ventilation and circumstances surrounding the sending of
alarm, an experienced investigator can determine whether
a fire spread abnormally fast.
9. Intensity - The degree of heat given off by a fire and the
color of its flame oftentimes indicate that some accelerant
has been added to the material normally present in a
building and the investigator must look for further
evidence pointing to use of such accelerant. Difficulty in
extinguishing the fire is often a lead to suspect presence of
such fluid as gasoline and kerosene.
10. Odor - The odor of gasoline, alcohol, kerosene and
other inflammable liquids which are often used as
accelerant is characteristics and oftentimes arsonist are
trapped because of this telltale sign. Most of fire setters are
inclined to use substance which will make the blaze certain
and at the same time burn up any evidence of their crime.
11. Condition of Content – Persons tending to set their
house on fire frequently remove objects of value either
materially or sentimentally. Store and other business
establishments oftentimes remove a major portion of their
content or replace valuable merchandise without of style
articles.