Fire Technology and Arson Investigation

LECTURE 3
ARSON
INVESTIGATION
Prof. Jose Christobal E Ostria
College of Criminology
 Fire Investigation – referred to as
origin and cause investigation, is the
analysis of fire- related incidents

 Arson investigation – the process of

finding the cause of fire and the
extent of damage thereto for the
purpose of determining if the
perpetrator is guilty or not of the
crime of arson
Arson Related Laws
Destructive arson under Article 320 of the
Revised Penal Code, as amended, which
reads:
 Article 320, RPC: Destructive Arson. 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, 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
conveyances 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 of 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.
The penalty of reclusion
perpetua to death shall also be
imposed upon any person who
shall burn:
1. Any arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordinance, storehouse, archives or general
museum of the Government.
2. In an inhabited place, any storehouse or
factory of inflammable or explosive
materials.
 In sum, Article 320 contemplates the
malicious burning of structures, both
public and private, hotels, buildings,
edifices, trains, vessels, aircraft,
factories and other military,
government or commercial
establishments by any person or
group of persons (People v. Murcia,
G.R. No. 182460, March 9, 2010,
614 SCRA 741, 752).
 P.D. No. 1613 contemplates the malicious
burning of public and private structures,
regardless of size, not included in Article
320 of the RPC, as amended by Republic
Act No. 7659. This law punishes simple
arson with a lesser penalty because the
acts that constitute it have a lesser degree
of perversity and viciousness. Simple arson
contemplates crimes with less significant
social, economic, political, and national
security implications than destructive arson
(People v. Soriano, 455 Phil. 77, 93 (2003).
The elements of simple arson under Section
3(2) of P.D. No. 1613 are:

a) there is intentional burning;

and
b) what is intentionally burned is
an inhabited house or dwelling.
 The nature of Destructive Arson is
distinguished from Simple Arson by the degree
of perversity or viciousness of the criminal
offender.
 The acts committed under Art. 320 of The
Revised Penal Code constituting Destructive
Arson are characterized as heinous crimes
"for being grievous, odious and hateful
offenses and which, by reason of their inherent
or manifest wickedness, viciousness, atrocity
and perversity are repugnant and outrageous
to the common standards and norms of
decency and morality in a just, civilized and
ordered society.
 " On the other hand, acts committed
under PD 1613 constituting Simple
Arson are crimes with a lesser degree of
perversity and viciousness that the law
punishes with a lesser penalty. In other
words, Simple Arson contemplates
crimes with less significant social,
economic, political and national security
implications than Destructive Arson
(People v. Macabando, G.R. No.
188708, 2013).]
 Article 320 RPC
 PD 1613
 PD 1744
 RA 7659
 RA 9346
Basis and Extent of Criminal Liability in
Arson
 Kind and character of the building
 Its location
 Extent of damage of value
 Its state of being inhabited or not
Stages in the commission of Arson (Subject of Debate)

 Attempted Arson – If a person intended to

burn a wooden house, collected rags soaked
in gasoline and place inside the wall, but when
he was light it, he was seen by another who
ran after him, the crime is attempted arson.
 Frustrated Arson – If the person was able to
light the rags but the fire was put out before
any part of the building was burn.
 Consummated Arson – If before the fire was
put out, part of the building was burned.
Special Aggravating Circumstances of
Arson
 If committed with intent to gain.
 If committed for the benefit of another.
 If the offender is motivated by spite or
hatred towards the owner or occupant of
the property burned.
 If committed by a syndicate. (planned
out by a group of 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 amount of flammable substance or
materials are stored within the building not
necessary in the business neither of the
offender nor for household use.
3. If gasoline, kerosene, petroleum or other
flammable or combustible materials soaked
therewith or containers, thereof or any
mechanical, electrical or electronic contrivance
designed to start a fire or ashes or traces or any
of the foregoing are found in the ruins or
promises of the burned building or property.
Prima Facie Evidence of
Arson
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.
Prima Facie Evidence of
Arson
6. If shortly before the fire a substantial
portion of the effects insured and stored in
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
for the safety of the person or property of the
victim.
Common Motives of
Arsonist
1. Economic Gain
 Insurance fraud – This normally involved
burning’s ones property to wrongfully collect
insurance, money for the loss by fire of the
insured property.
a. Desire to Move –The premises may no longer
be desirable because of the condition of the
building, the fact that the quarters are outgrown or
because of the locality.
b. Disposing of Merchandise – The stocks on hand
may have the lost value by reason of seasonal
nature of business, obsolesce, scarcity of
materials necessary to complete contracts.
c. Property Transaction – The business itself
may no longer be desirable because of
impending liquidation , settlement of the
estate of which it is part, the need for cash,
prospective failure, the comparatively greater
value of the insurance benefits.
2. Profit By the Perpetrator other than the
Assured
a) Insurance agents wishing business.
b) Insurance adjusters desiring to adjust a
loss by securing a contract.
c) Business competition.
d) Persons seeking jobs as protection
personnel.
e) Salvages.
f) Contractors wishing to rebuild or wreck.
3. Concealment of Crime – The arsonist
may set fire to a building in order to
conceal a projected or past crime. He may
wish to divert attention in order to loot the
burning premises or steal in other places.
The burning may be for the purpose of
destroying evidence.
4. Punitive Measures – An arsonist may
use fires as a means of punishing another
person for reason of jealousy, hatred or
revenge.
5. Intimidation or Economic Disabling
– The fire may be used as a weapon
of the saboteurs, the strikers or
racketeers to intimidate or to disable
economically as a step toward forcing
submission to certain demands.
6. Pyromania – Is an uncontrollable desire to
set fire or burn anything without motivation.

Types of Pyromania
 Abnormal Youth – epileptics, imbeciles and
morons may set fire without knowing the
seriousness of their acts.
 Hero Type – A person may set fire in the
building, subsequently pretends to discover
it and turn in the alarm so that he will
appear a hero to the public.
Types of Pyromania
 Alcoholics or Drug Addicts – Person who
subjects themselves to intense artificial
stimulants such as alcohol or narcotics,
something develops a strong urge toward
incendiarism.
 Sexual Deviates – Some sex perverts
derive sexual stimulation from setting a fire
and watching the flame. Frequently, he is a
chronic masturbator who stimulates and
enhances his sexual gratification by means
of arson.
Psychological Characteristic of Fire
Setters
Types of Fire Setters
1. Arson For Profit Fire Setters – which includes the
following:
 The business man who sets fire to his own business to
collect insurance.
 The business man who hires a paid arsonist for the
same reason.
 The paid arsonist who sets fire for a fee.
 The affluent housewife that sets a smoky fire to collect
money for redecoration.
 The welfare recipient who sets fire to his own
apartment to collect relocation expenses.
 The criminals who set fires to destroy evidence.
Types of Fire Setters
2. Solitary Fire Setters – Those who set fires in secret. Most
common are the following:
 Fire set for revenge or spite – In many cases the damage is
out of proportion to the offending action but the fire setter
either does not realize the tremendous destruction that his
action can cause. The reasons for this are low intelligence,
intoxication or psychological disorder.
 Fire set by pyromaniacs.
 Fire set by a watchman who wants to be a hero.
 The teenager who set fires in order to to help the
firefighters.
 The housewife who wants to keep her husband home at
night.
 The psychotic fire setters.
 The sexual deviates who utilize fire setting for sexual
gratification.
Psychological Characteristic of Fire
Setters
Types of Fire Setters
3. Group Fire Setters – Includes three major
classes of fire that are normally set by groups or
by individuals in the presence of peers.
 Vandalism Fires – Are often set by pairs of
group of boys in the presence of others from a
peer group. The presence of the group
encourages the act.
 Riot Fires – Are set during outburst of group
violence when there is tension and social
unrest.
 Political Fires – Are premeditated and set to
dramatize an issue to embarrass authorities for
political reasons.
Investigation during the
Fire
1. Observation during the fire
 Smoke and Vapor – The characteristics of the
smoke, steam or vapor which emanate from the
fire may indicate the nature of burning substance.
 Color of the Flame – The flame color may
indicate the intensity of the fire and also the
nature of combustible substance. The
temperature of the flame varies from 500 to 1,500
degrees centigrade and the color ranges from
red, yellow and finally a binding white. Alcohol
has blue flame and red flame indicates the
presence of petroleum products.
 Size of Fire– The size of fire can be
appreciated at the time of arrival
and subsequently, thereafter.
Unusual extension indicates use of
accelerants. Knowledge of type of
construction, the ventilation facilities
and the normal content of the
building will enable a professional
observer to form an opinion as to
whether the fire has traveled
abnormally fast.
 Direction of Travel – the flame tends to rise
until meeting – an obstacle, wherein it
projects horizontally to seek other vertical
outlet. The extent and rate of travel in the
horizontal direction will depend primarily on
the travel in the horizontal direction will
depend primarily on the direction of the
wind and ventilation, such as, - the
presence of doors and windows. (The
spread of the fire in an-usual condition
indicates the presence of accelerants).
 Location of Flame – Investigator must
take note the location and number of
point of origin. Unrelated fires in different
places are indicative of arson.
 Odors– The smell of highly inflammable
substance in an area where it is not
normally used should arouse suspicion.
Turpentine, alcohol, kerosene and
gasoline among the accelerants with
emitting characteristics odors.
2. Examination during the
Fire
Exterior Opening –Take note the condition

of windows, doors or other openings.
Locked outside doors and obstructed
entrances may indicate an intent to impede
the firemen in this effort to extinguish the
fire. Open windows and passageway doors
may suggest an arrangement for ventilating
the fire and promoting its rapid progress.
Covered windows indicate an effort on the
part of the arsonist to conceal his
preparation to work.
 Preliminary Examination of the Case – This
must be made on the surroundings and
attention must be made on the
surroundings and attention must be
focused on two types of evidences, namely:

 Equipment that may have been used by the

arsonist such as container, match and
tools.
 Traces which may lead to the perpetrators
identify such as shoe impression etc.
 Photography – progressive stages of the
burning must be photographed form various
angles. Photograph from the spectators may
be necessary for the possibility of
pyromaniacs.
 Observation of the Spectators – Pyromaniacs
arsonist may usually remain at the fire scene
to watch the fire. Exceptional satisfaction or
excitement may indicate a pyromaniac in the
crowd. If the fire take place during normal
sleeping hours, the arsonist may be
sometimes distinguishable by being own with
a few clothed person among the spectators.
3. Investigation After the
Fire
a) Secure the fire scene – The investigator
should prevent unnecessary disturbance of
the debris and the instruction of
unauthorized persons.
b) Search the fire scene – The area
surrounding the burned property should be
thoroughly examined for traces of clues.
Methods of Search
a) Point-to-Point Search–The firemen enters
the fire scene from the point of entrance
and goes to the first apparent item of
evidence. This process is repeated until
the room or the area has been
systematically and carefully scrutinized.
b) Sector Search – The fire scene is
subdivided into sectors, a building into
rooms or floors. Each firemen or officer is
then assigned to specific search area. This
method of search is usually employed
when there is a large area to cover.
c) Concentric Circle Search – The
searcher start at the centric point. As
soon as this location has been
thoroughly combed, a new and large
circle is drawn. As each new circle is
drawn, the size of the area expands.
d) Locate the Point of Origin – The region
in which the fire originated may be
determined by the information obtained
from the witnesses and
d) Examine the Point of Origin – The
remains at the point of origin should be
studied carefully for the purpose of
determining the cause of the fire. A
search should be made for traces of
combustible materials substances.
Such as peculiarly colored materials
should be collected for laboratory
examination. Peculiar odor should be
noted.
e) Traces of Accelerants – Attention should
be focused for the traces of accelerants
like kerosene, gasoline or turpentine.
f) Altered Protected Device – To insure
destruction, arsonist sometimes
tampered the alarm device. The water
may be examined for the signs of
tampering.
f) Tools – Tools might have been brought
there and abandoned by the arsonist in
his preparation to set the fire.
g) Documents – the arsonist may expose
incriminating documents to flame. In the
examination of such documents, the
absence of certain papers such as
insurance policy which is normally kept
in the area should be investigated.
g) Interior Arrangement – The condition
and contents of various areas in the
building should be noted. An occupant
planning to set a fire will be tempted to
remove certain items such as articles of
sentimental value, jewelry, insurance,
policy etc. Books of account may be
tented on the table to facilitate
combustion.
h) Witnesses – A valuable information may
be obtained by the arson investigator
thru the following person;
i. Person first arriving at the fire scene –
Every effort should be made to locate and
identify the person who first saw the fire
because he can determine the exact point
where the fire began and the number of
places it started.
ii. Firemen – The firemen should be asked
question concerning the nature of the fire,
color of flame and smoke.
iii. Watchmen – The watchmen of the building
can give detailed information concerning the
condition of the building before the fire.
Inquiries from the watchmen must be made
regarding the recent behavior occupants,
movements of stocks and pieces of furniture.
Information regarding the last person to leave
the building.
iv.Occupants – Occupants and
employees in the building must be
interviewed separately. They should
encourage state their theories and
suspicion of the fire.
v. Owner – The owner must be
questioned with regard to prior arrest,
apprehensions, convictions, previous
fires, financial standing, business,
domestic conditions, hobbies or
amusements.
The Physical Evidence
Collection
 Any piece of evidence that
appears to have un-usual
significance should be
photographed and located on a
sketch before it is moved. The
following may be some of the
evidences that may be collected
in the fire scene.
 Containers – bottles, cans, barrels, pails
or boxes to hold the combustible liquid
may be recovered from the scene. (The
original container should be collected
and preserved).
 Ashes and Debris – the ashes and
debris which may possibly contain
clothing which normally not completely
burned unless soak with accelerants
may be significant in the examination
 Finger-prints and Impressions – a search
for fingerprints should be given special
attention especially on suspicious container
of accelerant.
The object containing the print should be
preserved, packed and transported to the
laboratory. Tool marks, shoe or tire
impressions should be photographed-
processed – by recommended methods, and
sent to the laboratory for further study.
 Incendiary Devices – suspicious
articles like wires, fuses straw or
candles, which may form part of the
incendiary device, should be
collected.
 Stoves and Fire-places – the ashes
in the stove and fire-place should be
subjected to examination.
 END OF
LECTURE
THANK YOU AND GODBLESS!!