Module 9 No matter how small, fire must be investigated.

Fire investigations provide

FIRE INVESTIGATION authorities with information needed to guide fire prevention educational
programs, help fire inspectors in spotting and eliminating new or previously
Fire investigation by nature is the basis for fire prevention program. Only overlooked hazards, and develop meaningful information for training fire
an in-depth analysis of what sequences of events enable a fire to start, enabled it protection personnel.
to spread, and how and where it was controlled (e.g., firefighting, structural
design, lack of fuel) can help prevent future fires. Additionally, fire investigation As far as fire investigation is concerned, they must be defined as:
includes the observations of everyone involved, and at the fires themselves there
are many firefighters who will able to shed light on the nature of the fire, its Cause - that which made the fire start; and
progress, and so forth. Reason - that which led to the cause of a fire (a motive leading to the action).

One of the most difficult problems to solve is to determine the cause of Both cause and reason must be established to satisfactorily complete a fire
the fire, since the flames generally consume any evidence of what occurred. This investigation. The "cause" explains the existence of fire, or the WHAT of
is the reason that the cause of most fires cannot be determined without a long investigation; while the "reason" establishes the WHY of the fire and
and careful investigation. investigation. Both are required to correctly classify the fire, and also to provide
guidance in establishing corrective action to preclude a recurrence of the
Firefighters often make snap judgments at the scene as to the cause of a incident.
fire, without an adequate evidence or sufficient investigation on which to base
their decision. Apparently, there is hesitation on the part of the firefighters to The importance of the establishment of a fire cause is the knowledge of the
admit that they do not really know the real cause of the fire, since few fires physical aspects of fire.
(approximately 4% of those reported) are listed as "cause known." Instead, the
fire is attributed to various causes without apparent regard to actual evidence or
to lack of it. Four General Classes of Fire Causes:

Some of the favorite causes listed by firefighters, when they are not 1. Natural Fire - fire caused naturally without human intervention or aid; such as
certain of the actual cause, are faulty wiring, children playing with matches, lightning, spontaneous ignition, mechanical malfunction of equipment.
spontaneous combustion, sparks from stove, burning rubbish, and careless
disposal of smoking materials. 2. Accidental Fire - fire causes where human action is involved directly or
indirectly. i.e.
The very general and indefinite nature of these causes indicates that, in
most cases, they are based on assumptions, rather than on evidence. a) Careless disposal of smoking materials;
b). workers using welding-cutting equipment
In this relation, the material or book will assist you in performing or
conducting investigation to determine the causes and origin of a fire. 3. Arson - fire cause as a result of the willful and criminal action of some persons,
i.e., incendiary fire.
4. Unknown Fire - fires which are not classified as to cause. Evidence kit provides equipment for use in the investigation and for the
preservation of any evidence found at the scene after that evidence has been
Three General Classifications of Fire: photograph in its original location.

1. Innocent fire - e.g. natural and accidental causes • Special clothing such as: coverall, gloves, boots used to protect uniform;
2. Incendiary fire - e.g. arson cases • Flashlight and electric lantern;
3. Unknown fire-e.g. fire of unknown causes. • Measuring tape and small ruler for making measurements;
• Labels (gummed and stringed) used to identify items;
Person/s Responsible to examine and inspect the Fire Scene • New or sterile glass jars with rubber airtight seals used for the collection
(American Settings) of samples;
• Envelopes, boxes, plastic bags, metal cans used for the collection
• Fire Marshall (assorted sizes) used for collection of samples.
• Fire Chief
• Assistant Chief for Technical Service
• Fire Inspector responsible for the specific building Basic Steps in a Fire Scene Examination:
• Senior Fire Officer at the fire scene
• Photographer • Search systematically - make a plan, have in mind what you will look for,
• Utilities Personnel (particularly electrician) the way you will look, and what you will do with each item found and
collected. Be thorough, complete, and orderly
The first four individuals provide technical experience for the investigation. The
Senior Fire Officer from the fire incident is present to explain what was observed • Observe - Use your eyes, ears, nose, and camera if possible to note the
during the fire and to report on the mechanics or what transpire during the conditions. Observe the fire and the spectators.
extinguishment of the fire.

Photographer provides complete coverage, beginning with pictures during the • Take photograph the camera records more details than the naked eye.
firefighting operation; including exterior, interior, special features, circumstances Establish visual reference through numerous photographs. Photograph
each area several times during the various phases of investigation.
and the activities of the investigators at work.
Infrared photography may prove extremely valuable since it is sensitive to
differences in heat.
Utilities personnel provide technical assistance, particularly as to the condition of
electrical circuits and appliances.
• Work by the Process of Elimination establish a checklist and check off
each item. Settle one item before attempting another if possible. Avoid
Fire Investigation and Evidence Kit: backtracking
 • Check and Verify - Do not assume or take for granted. Don't jump to
conclusions. Steps on How to Determine the Point of Origin:

1. Examine the entire interior of the building and determine which room
• Take Note - write down all the details or areas has received the most severe fire damage. Generally, this will
be the area where the fire burned extensively or the longest and will
very likely be where it originated.
• Draw diagrams - amplify notes with diagrams depicting locations of
incidents described. 2. Determine the level or origin within the room by examining and
comparing the bottom side of the tables, shelves, and chairs.
Areas to Conduct Fire Investigation:
3. Examine the ceiling and look for the following patterns:
1. Exterior - Determine where the fire vested first by comparing burn char,
smoke, and heat patterns around windows, doors, and roof. a) fire penetration and
b) heaviest fire exposure
Look for the following:
4. Examine the light bulbs within the room. The side of the bulbs which is
• exterior points of origin; initially exposed to heat begin to swell or bulge and lose shape at about
• unusual burn patterns of flammable liquid; 900 degrees F when exposed to heat for 10 minutes or more actually
point to the area of fire origin.
• Tools and flammable liquid containers;
• Footprints and scuff marks at suspected points of entry.
5. Examine walls within the room and look for fire patterns or fire cones.
Fires generally burn upward and outward, leaving corresponding fire
2. Interior - Conduct a cursory examination or general survey of the entire
patterns on wall as a result of heat transfer through convection and
structure of interior for the extent of fire damage. Establish the class of fire
radiation. The steepness or relative pitch of the angle seen on the fire
duration (brief or long) and the approximate burn time by checking the following:
cone is indicative of the type of burning, e.g. Smoldering or Flaming

• Window glass condition;

• Depth of wood char, at or in close proximity to the point of origin;
• Penetration of fire restrictive wall coverings by fire;
• Electric clock that has been stopped by fire
damage.
Note the time stopped and compare with alarm time. The time factors
should be estimated and considered as approximation only.
 • Burn pattern that involves a surface burning of the item. This pattern is
indicative of the presence of a smoldering source of ignition. Examination
of supporting springs will disclose that tension still exists.
• Burn patterns involving deep penetration of one portion with
corresponding collapse of springs and frame destruction. Spring collapse
is caused when the heating process occurs over extended length of time,
causing the springs to lose their tension and collapses of their own
weight.

Types of Furnishing
3. Debris • Upholstered furniture;
• Television sets and table radios;
Examine the fire debris and the floor in the following manner: • Drapes and curtains;
• Kitchen range
• Conduct a detailed search of the debris, examining it layer by layer until
Fire Report (American Setting)
the floor is reached;
• Completely clean the floor on all debris and char dust. The floor and floor
covering should be clean enough to observe and photograph the Fire reports of all fires, regardless of sizes, should be completed. This report
significant burn and char patterns and should be dry. should be initiated and completed without delay. The contents of the fire report
• Carefully reconstruct and replace furnishings and other articles in their may contain the following information:
original positions by using burn patterns and corresponding protected
areas. During fire progress, legs and bases of furniture and other items 1. time of incident;
on the floor will protect the floor, leaving unburned marks which will aid 2. location of incident;
in repositioning. 3. size and nature of fire;
• Examine the floor coverings and floor for significant patterns. 4. fire involvement;
5. fire department plant response;
4. Furnishings 6. injuries and fatalities;
7. time fire extinguished;
Examine fire damaged furnishing such as: upholstered furniture couches, chairs, 8. most probable cause;
beds, etc. 9. follow-up and corrective action required.

Two (2) General Types of Burn Pattern

 Types of Fire/ Arson Investigation

Basic Investigation PHOTOGRAPHING THE FIRE SCENE

Purposes: The use of photographs to document much of the evidence and to

support the observations, opinions and conclusions the investigators wish to
1. to determine what property was damage; make as to the cause of the fire will support the investigator's findings.
2. what the causes and reasons were;
3. the number and extent of injuries or fatalities; and Photographs also provide evidence which would counteract arguments of
4. The recommended corrective actions to prevent recurrence. alternative causes of the fire which might be suggested at a later date.
Photographs are also useful for jogging the investigator's memory at the time of
Technical Investigation writing the report or before appearing in court. Also in extremely dark fire scene
the photographs could provide detail which may not be available using torch light.
It is an in-depth investigation to determine more specific details of the cause and Photographs provide a pictorial representation which is easily understood
effects, and to establish necessary corrective action. and evaluated. In making a report, the investigator should provide at least one or
two photographs wherever possible to support each observation he/she wishes
to present. The photographs should be numbered and captioned and referred to
Reasons in Conducting Technical Investigation
as "Photograph 1, 2, etc."
A plan should also be made showing the view angles of each photograph
1. there is suspicion of arson in connection with any fire;
alternatively the photographs should be presented in a sequence which will
2. there is suspicion of negligence or violation of regulations;
provide some type of continuity to allow the reader to determine the view angle
3. the cause of any fire is undetermined to establish the most probable cause);
of each one.
4. there is evidence of negligence or mismanagement in the fire suppression or
rescue operation, 5. Loss of life or disabling as a result of fire.
Photographing the Exterior:
Where to photograph and what to photograph
Arson Investigation
1. From all sides or at least to opposite corners of the building to show
the overall degree of fire damage and the locations of the various
The direct result of the basic or technical investigation or it may be brought about entrances and windows;
from outside knowledge.
2. The location of the building to neighboring buildings or fire fighting
Character Traits of Qualified Arson Investigator access areas;

1. He should possess knowledge of investigative techniques; 3. Any object which may be material to the circumstances of the fire;
2. He should have an insight of human behavior;
3. He should have a firsthand knowledge of the chemistry of fire and its behavior; 4. Type of tracks, footprints and the location of explosion debris are
4. He should be resourceful. photographed in close details, as well as from a distance.
 5. The bur patterns at doorways should be photograph to show the spread of the
The exterior photographs generally shows the nature and material of construction fire between rooms The burn patterns on the walls in hallways normally show
and the locations of the doors, windows, chimneys, flues, electricity fuse box or the room from which the fire originated and the direction of spread of the fire;
gas meter. The openings where the fire vented are usually clearly shown in the 6. Appliances suspected of causing the fire should be photographed from a
exterior photographs. Exterior burn patterns are generally easier to interpret than distance and in close up in the location where they were found. The remains
the equivalent interior burn pattern as they generally provide good color and should be taken outside to allow closer inspection and be photographed in
texture contrast, and are less affected by smoke. sunlight or later at the laboratory.

Panoramic views are valuable in reports as they provide in great detail an overall Points of Entry and Security of Building: Fire brigade personnel will usually give
view of the scene. It can be produced by joining together a sequence of an account of the security of a building as they found it. In many cases their
photographs or by using a wide angle lens or a disposable camera equipped with accounts will need to be verified at each point of entry by an inspection of the
a wide angled lens. burn patterns and soot deposits to surface around the point of entry, and an
examination for tool marks.
Photographing the Interior:
Where to Photograph and what to Photograph
Photographs of the interior of a building are generally more difficult for the
viewer to interpret than the exterior photographs as the interior surfaces are 1. The doors should be first photograph in the position in which
usually burnt and covered with a layer of soot. A good quality flash unit is they were found. If the door was found closed then both sides of the
essential as the photographs need top provide as much detail as possible to allow door should be photograph.
the investigators to familiarize themselves with the nature of the damage and
possibly the identity and purpose of the room before the fire. 2. The burn patterns and soot deposits around the door and the
door frame should be photograph as they normally ascertain the position
Where to photograph and what to Photograph of the door at the time of the fire;

1. All rooms and areas inside the building affected by the fire, the photographs 3. Any parts of the door or lock which may have been dislodged as a
should be sequentially presented in a report from the areas of least damage to result of some type of forced entry should be photograph at the location
the areas of greatest damage, or to the area of fire origin, if this is not the area where they were found and later reconstructed at their original position
of greatest damage.
2. The peripheral areas where the fire had not originated; On Windows
3. The area of fire origin should be photograph before excavation will commence
and again photograph should be taken during excavation, if the process has 1. The position at the time of the fire should also be determined and the
yielded points of interest; evidence used for such an evaluation should be photograph;
4. At areas where an accelerant is suspected, the areas of localized damage to the
floor as well as the overhead damage should be photograph; 2. The position of the window frames in the case of a sliding aluminum
window;
 3. The position of the falling glass could both indicate the position of the the color and size of flames are indications of what type of material is burning.
window at the time of the fire; The color of smoke often indicates whether an accelerant, such as gas, was
used to speed the burning process.
4. The smoke and heat patterns above a window can also indicate the
position of the window at the time of the fire should also be 6. Give particular attention to the most burned charred areas. The structure
photographed; should be photographed from all sides or angles to show the damaged areas.
Other things to look for are incendiary devices and combustible materials, such
5. The window locks should also be recovered and photograph as matchbox/es, paper, liquids (such as gas and paint thinner), and fuses.
Although they may have burned completely, there could be a visible trail,
defective wiring and electrical or gas appliances that may have been the cause
Importance of Photography in Arson Investigation: of the fire.

Without evidence, arrest and prosecution of an arsonist is extremely difficult.

Photography is an effective tool in recording and preserving the evidence of set
fires. Much of the actual evidence may be destroyed during fire fighting, or if it Photographing Point of Origin
survives the fire, it may be impossible to preserve.

Every effort should be made to photograph the scene of a fire, whether or not
arson is suspected, before it is disturbed by other operations. Pictures may be
used to prove the intent to commit arson

Photography in Arson Investigation:

1. Show the areas in which the fire started or was set.

2. Help identify spectators. An arsonist often remains to watch the fire.

3. Provide information about the speed of combustion and direction of spreading.

4. Show the progressive stages of burning and fire fighting from various angles. If
possible keep a record of the time each picture was taken.

5. Help investigators determine the type of material/s burning. This is where the
use of color film is recommended. The steam, color, and quantity of smoke and
Photographing the Exterior

Photographing the Interior

 Module 10 Causes of Fire
LAWS ON ARSON AND ARSON INVESTIGATION 1. Accidental Fire
2. Natural Fire
Arson 3. Incendiary Fire/ Arson
- A crime against property or persons 4. Undetermined Fire
- The willful and malicious burning of another’s property or the Plant, Accelerant and Trailer
burning of one’s own property with intent to injure or defraud Plant- the preparation or gathering of combustible materials needed to
the insurer of that property start a fire
What constitutes Arson? Accelerant- highly flammable chemicals that are used to facilitate flame
propagation
1. Burning Trailer- the preparation of flammable substances in order to spread a
2. Willfulness fire
3. Motive Process of Fire Arson Investigation
4. Malice
It involves the systematic process of:
5. Intent
1. Identifying
Most common motives of Arson 2. Collecting
1. Concealment of other crimes 3. Preserving
4. Evaluating
2. Defrauding the insurance company
5. Presenting
3. Hatred or vengeance
- the data or raw facts to produce valuable information to
Legal Authority to Conduct Fire Investigation
prosecute an offender that eventually leads to proper
• R.A 6975, Sec. 50. Rule VII
administration of justice
• The Bureau of Fire Protection shall have the power to
1. Identifying- identifying data including physical things that may
investigate all causes of fire and if necessary, file the proper
provide relevant information regarding the fire incident being
complaint with the City/Provincial Prosecutor’s Office which has
investigated
jurisdiction over the case.
2. Collecting- act of gathering those identified data or facts or
• Appearance and giving testimonies before the court of law physical things
during legal proceedings 3. Preserving- act of keeping the collected pieces of evidence in
their true and original form to maintain its Forensic and
Matters to be investigated Evidentiary value
1. Origin and cause of fire 4. Evaluating- process of determining the probative value of
2. The perpetrator/s, if there is any collected physical evidence
3. The motive behind the occurrence of fire 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 Duties of a Fire Arson Investigator During Investigation
1. Upon notification of a fire call or fire incident, the duty Fire Arson Proper
Investigator (FAI) who has jurisdiction over the location of the 1. Shall perform systematic scientific examinations and visual
fire incident shall mandatory to immediately respond at the reconstruction of the fire scene. This is also to include the
soonest possible time complete documentation and proper recording of the fire area
by the use of photography, sketch and notes.
The conduct of initial inquiry through interview and elicitation
Fire Scene Reconstruction
from all available witness at the fire scene must be done
- Process of recreating or re-enacting how the fire
instantaneously.
occurred based on rational theory
2. As soon as the area of origin or the focal point of fire is
ascertained, the FAI shall make necessary coordination with the - To determine the MO (Modus Operandi)
BFP firefighting personnel to include volunteer brigades to exert
diligent and careful efforts in the conduct of fire suppression - 2 Methods: Physical and Mental
operation in the identified point of origin.
2 Types of Fire Scene Reconstruction 1. Deductive Approach
3. The fire scene should be well protected and secured. - It entails immediate assumption of a theory then later supports it
Coordination with local police units or barangay personnel by collecting corroborative information
should be done in order to secure the fire scene from looters and
other persons who has intention of entering the burned - From General to Specific
premises, so as to avoid contamination of the fire area.
2. Inductive Approach
4. In the event that the FAI discovered suspected hazardous - Requires a collection of information first
material (HAZMAT), or suspected illegal or regulated chemicals
- Analysis and evaluation information follows to
during the conduct of investigation on the burned premises, the
circumstances shall immediately reported to proper office. develop a theory - Specific to General
HAZMAT
Tell Tale Signs in suspected arson incident
• Chemical
1. Burned Building
• Radiological 2. Separate Fires
3. Color of Smoke
• Biological 4. Smoke Marks
5. Color of Flame
• Nuclear 6. Size of Fire
7. Direction of Travel
5. Once the Fire Ground Commander (FGC) declared “fire out”, the
8. Intensity
FAI shall take cognizance the responsibilities of protecting and
9. Odor
securing the whole fire scene by sealing/ closing the perimeter with
10. Condition of Content
barricade tape. Posting of uniformed BFP personnel for security
11. Doors and Windows
purposes may also be carried out as deemed necessary.
 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

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
3. Conduct thorough analysis of the fire scene in order to identify
• Bird’s eye view of fire origin
the ignition source, initial materials ignited and other factors which
• Landmarks and fire incident location
bring them together to produce a fire.
• Position of the fire trucks during the firefighting operation
• Determine the distance of the fire station to the fire scene Examination of the fire spread and fire pattern which includes
2. Conduct interview to all witness. The interview shall be done in thermal effects on materials such as:
question and answer form and shall be done under oath preferably
by a person of authority whenever available. All witnesses to be 1. Charring
conducted with a formal interview shall be formally invited to the 2. Oxidation
fire station. Investigation office concerned in a form of invitation 3. consumption of combustibles
letter 4. smoke and soot deposits
 5. Distortion 4. Spalling
6. melting effect - Occurs
7. color change when an
8. changes of material structure and structural collapse extreme
temperatures
Fingerprints of Fire 1. Alligatoring weaken the
- Partially burned residue of a campfire and it is how the blisters surface of
logs resembling skin similar to that of a crocodile concrete,
masonry, or
brick, causing it
to chip, pit, and
2. V-Pattern scar
- When it is
distinct, the bottom
5. Clean Burn
of the cone
- Fire pattern of a
sometimes points to
non-combustible
where the fire
surface where soot
started, or where the
deposits have been
fuel was burned.
burned away by
direct flame
contact or intense
radiant heat,
leaving a “clean
3.Charring/Depth of Char area” bordered by
- Used to sooty stains
determine the
length of burning
4. Identify, recognize and
- Used to collect physical evidence
determine the found at the fire scene that
origin of fire 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 restricted to entry to any person until the investigation is being
• Documentation of what has happened to the evidence from the conducted by the BFP at the burned premises is completed and
time it was discovered until it is needed in court, including every terminated
person who has had custody of the evidence and why
• Any removal, retrieval of items
• It is the responsibility of thee scene investigator or a designated stored at the scene of the fire,
evidence technician who selects and assembles all evidence demolition, reconstruction and
collection equipment and materials. rehabilitation of the fire is only
allowed upon securing approval
5. On the first phase of investigation, the FAI shall prepare the
to the investigating body through
listing of documents needed to be accomplished/ submitted by the
submission of a formal written
fire victim/s and building occupant/s and other parties affected by request by the fire victim
fire.
• Fire Incident Clearance (FIC)/
Property Recovery and Clearing
Permit

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
6. The FAI must inform all concerned persons, occupants and autopsy of the cadaver/body found at the fire scene/crime scene.
managements of the burned premises that the fire scene is
 Module 11 ANOTHER SIGNIFICANT PROVISION OF THE LAW
LEGAL ASPECTS OF FIRE INVESTIGATION
1. The increase in administrative fines from P12,000 to P50,000 for violation
Arson and other crimes involving destruction of the Provisions of the Fire Code;
ARSON- It is the intentional or malicious destruction of property by fire. 2. For failure to correct the deficiency or abate the fire hazard a fine from
P20,000 to P100,000 with the punishment of imprisonment of one to six
The Legal Aspects of Arson/Fire Investigation: years, in addition to the payment of damaged to victims if violation leads
It is the concern of the fire investigator to prove malicious intent of the offender. to the loss of life and damaged to property;
Intent must be proved, otherwise no crime exists. The law presumes that a fire is 3. Imposes accountability on public officials or employees, through:
accidental, hence criminal designs must be shown. Reprimand, Suspension, or Removal, as well as Criminal Penalties for
Fire caused by accident or criminal design must be shown. Fire caused by Negligence, Malfeasance, Misfeasance in performing their sworn duties
accident or negligence does not constitute arson. to the country;
4. Public officials who violate the law will be punished by a jail term of six (6)
Basics of Criminal Liability in Arson:
months to six (6) years, and a fine of not more than P100,000 or both.
1. Kind and character of the building burned; 5. Requires Private Fire Volunteers and Fire Practitioners should undergo a
2. Location of the building; Mandatory Training and Competency Evaluation to be conducted by the
3. Extent of value of the damage; BFP under the direct operational control of the BFP Fire Ground
4. Whether inhabited or not. Commander.
PD No. 1613 - Amending the Laws on Arson.
Republic Act 9514
The "Revised Fire Code of the Philippines of 2008" An Act Establishing А Section 1. Arson - Any person who burns or sets fire to the property of another
Comprehensive Fire Code of the shall be punished by Prision Mayor (Reyes, 1999). The same penalty shall be
Philippines, Repealing Presidential Decree No. 1185 and for other purposes was imposed when a person sets fire to his own property under circumstances which
signed and approved by President Gloria M. Arroyo on December 19, 2008. The cause or expose danger the life or property of another.
new Fire Code aims to promote economic development through the Prevention
Section 2. Destructive Arson - The penalty of Reclusion Temporal in its maximum
and Suppression of all kinds of destructive fires and to boost the fire service as a
period to Reclusion Perpetua shall be imposed by burning the following:
profession. The law is a consolidation of Senate Bill No. 2553
AUTHORITY/POWER OF BFP CHIEF 1. Any ammunition factory and other establishment where explosives,
1. Issue closure orders for building structures declared as fire hazards, inflammable or combustible materials are stored;
notwithstanding any permits, clearances or certificates earlier issued by 2. Any archive, museum, whether public or private, or any edifice devoted
local authorities; to culture, education or social services;
2. Order the removal of hazardous materials or hazardous operations of 3. Any church or place of worship or other building where people usually
business establishments whose physical layout is prone to industry assemble;
related fire incidents; 4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for
3. Order the work stoppage of structures still being constructed for absence transportation of persons or property:
or violation of any approved construction plan.
 5. Any building where evidence is kept for use in any legislative, judicial, Section 6. Prima Facie Evidence of Arson - Any of the following circumstances
administrative or other official proceedings; shall constitute primafacie evidence of arson:
6. Any hospital, hotel, dormitory, lodging house, house tenement, shopping
1. If the fire started simultaneously in more than one part of the building or
center, public or private market, theatre or movie house or any similar
establishment;
place or building;
2. If substantial amount of flammable substances or materials are stored
7. Any building whether used as a dwelling or not, situated in a populated or
within the building not necessarily in the business of the offender or for
congested area.
household use;
Section 3. Other Cases or Forms of Arson - The penalty of Reclusion Temporal to 3. If gasoline, kerosene, petroleum or other flammable substances or
Reclusion Perpetua shall be imposed if the property burned is any of the materials soaked therewith or containers thereof, or any mechanical,
following: electrical, chemical, or electronic contrivance designed to start a fire,
ashes or traces of any of the foregoing are found in the ruins or premises
1. Any building used as offices of the government or any of its agencies;
of the burned building or property;
2. Any inhabited house or dwelling;
4. If the building or property is insured for substantially more than its actual
3. Any industrial establishment, shipyard, oil well or depot, mine shaft, value at the time of the issuance of the policy;
platform or tunnel;
5. If during the lifetime of the corresponding fire insurance policy, more
a. Any plantation, farm, pasture land, growing crop, grain field, orchard, than two fires have occurred in the same or other premises owned or
bamboo groove or forest; under the control of the offender and/or insured;'
b. Any rice mill, sugar mill, cane mill or mill central; and 6. If shortly before the fire, a substantial portion of the effects insured and
c. Any railway or bus station, airport, wharf, warehouse. stored in a building or property had been withdrawn from the premises
except in the ordinary course of business;
Section 4. Special Aggravating Circumstances in Arson - The penalty in any case 7. If a demand for money or other valuable consideration was made where
of arson shall be imposed in its maximum period: the fire in exchange for the desistance of the offender or for the safety of
the person or property of the victim.
1. If committed with intent to gain;
Section 7. Conspiracy to commit Arson. - Conspiracy to commit arson shall be
2. If committed for the benefit of another;
punished by Prision Mayor in its minimum period.
3. If the offender is motivated by spite or hatred towards the owner or
occupant of the property burned; Section 8. Confiscation of Object of Arson. - The building which is the object of
4. If committed by a syndicate. The offense is committed by a syndicate if it arson including the land on which it is situated shall be confiscated and escheated
is planned or carried out by a group of three (3) or more persons. to the State, unless the owner thereof can prove that he has no participation in
nor knowledge of such arson despite the exercise of due diligence on his part.

Section 9. Repealing Clause. - The provisions of Articles 320 to 326-B of the

Section 5. Where Death Results from Arson - If by reason of or on the occasion of Revised Penal Code and all laws, executive orders, rules and regulations, or parts
Arson death results, the penalty of Reclusion Perpetua to Death shall be imposed. thereof, inconsistent with the provisions of this Decree are hereby repealed or
amended accordingly.
R.A. No. 7659 - An Act Defining Heinous Crimes and Reimposing the Death Testimonial Evidence in Arson:
Penalty Law." Testimonial Evidence is the testimony given in court or the disposition by one
who has observed that to which he is testifying; or one who, though he has not
Article 320 of the RPC is hereby amended to read as follows:
observed the facts, is nevertheless qualified to give an opinion relative to such
Art. 320. Destructive Arson - The penalty of Reclusion Perpetua to Death shall be
facts (Sadili and Pena, 1998)
imposed upon any person who shall burn:
The Role of Circumstantial Evidence in Arson Investigation:
1. One or more buildings or edifices, consequent to one single act of
Circumstantial Evidence - is the proof of facts from which taken collectively, the
burning, or as a result of simultaneous burning, or committed on several existence of a particular fact in dispute/issue may be inferred as a necessary or
or different occasions; probable consequence (Sadili and Pena).
2. Any building of public or private ownership, devoted to the public in Elements of Circumstantial Evidence for Conviction:
general or where people usually gather or congregate for a definite If there is more than one circumstances; If the facts from which the inferences is
purpose such as, but not limited to official government function or derived are proven; and If the combination of all the circumstances is such as to
business, private transaction, commerce trade, worship, meetings and produce a conviction beyond reasonable doubt.
conference, or merely incidental to as definite purpose such as but not Who Can Be a Witness?
limited to hotels, motels, transient dwellings, public conveyance or stop Section 20 of the Revised Rules on Evidence provides that "except as provided in
terminals, regardless of whether the offender the next succeeding section, all persons who can perceive, and perceiving, can
had knowledge that there are persons in the said buildings or edifices at make known their perception to others, may be a witness."
the time it is set on fire and regardless also of whether the building is Arson of Property of Small Value (Art. 323, RPC)
actually inhabited or not; Elements
3. Any train or locomotive, ship or vessel or airplane, devoted to
1. Burning of any uninhabited hut, storehouse, barn, shed, or any other
transportation or conveyance, or for public use, entertainment or leisure;
property;
4. Any building, factory, warehouse, installation and any appurtenances
2. Value of property does not exceed twenty-five pesos (25.00)
thereto, which are devoted to the service of public utilities;
3. Under circumstances clearly excluding all danger of the fire spreading.
5. Any building, the burning of which is for the purpose of concealing or
destroying evidence of another violation of law, or the purpose of Crimes involving Destruction
concealing bankruptcy or defrauding creditors or to collect from Offender causes destruction by any of the following means:
insurance.
1. explosion;
The penalty of Reclusion Perpetua to Death shall be imposed upon any person 2. discharge of electric current;
who shall burn the following:
3. inundation, sinking or stranding of a vessel;
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, 4. taking up the rails from a railway track;
ordinance storehouse, archives or general museum of the government; 5. malicious changing of railway signals for the safety of moving train;
2. In an inhabited place, any storehouse or factory of inflammable or 6. by using any other agency or means of destruction;
explosive material. If as a consequence of the commission of any of the 7. destroying telegraph wires and telegraph post or those other
acts penalized under these articles, death results, the mandatory penalty communication system.
of death shall be imposed.
Article 325, RPC E. Searching for Evidence:
Burning of one’s own property as a means of committing Arson. This article
The safest procedure is for the investigator to start at the top of the heap and
punishes the burning of one's own property for the purpose of committing arson
carefully removing the objects one by one, laying them aside until reaching the
or great destruction of property.
bottom where he will find the "pot of gold", the evidence.
Article 326, RPC
Steps in Tracing the Origin of Fire and Searching for Evidence
Setting fire to property exclusively owned by the offender. This article provides
1. External/Outside Survey careful conduct of inspection to the burned
the purpose of the offender to: defraud or cause damage to another, or damaged
building
is actually caused upon another's property even such purpose is absent, or thing
2. Internal/Inside Survey enter the building to correlate the same with the
burned is a building in an inhabited place.
outside survey of the structure in question
Legal Requirements in Preserving Physical Evidence in Arson 3. Locate the point of origin of fire, the ceiling area must be checked first
A. Admissibility of the Object or Substance: It requires full accounting of the 4. Look for Prima Facie Evidence of Arson
object or substance from the scene of the fire to the court.

B. Admissibility of the results of Laboratory Examinations: F. Entering the Building:

1. Qualification of Technician When entering the building, the investigator should observe the following:
2. Safeguarding of the samples during analysis 1. Look for mark on doors and windows not burned for possible indication of
3. Result of the examination (to be made in non-technical language) forcible entry.
C. Interpretations of the Findings 2. Notice whether the intruder has discarded tools used for forcible entry.
3. Notice unusual arrangement of the building content.
D. Interview and Interrogation:
4. Stocks or substitution of stocks, new expensive stocks have been
1. Time and Place of questioning removed, substituted by second hand or old stocks.
2. Interviews of firemen, neighbors, person who discovered the fire, Guidelines in the Investigation of Arson:
insurance agent, insured person and other person who has direct
connection regarding the burned property I. Arrival and Observation
3. Interrogation
Arrival
a) proof of the existence of the fire

b) to establish jurisdiction of the court • observes person/vehicle leaving the area

• characteristics of person/ vehicle leaving the area
c) Corpus Delicti
• unusual road/street condition
d) Proof for incendiary origin of the fire • barricade showing the progress of response
• vehicle parked in such a manner as to create obstruction to
e) Proof of the guilt of accused.
the fire scene.
 Observation other sources of information that maybe useful in developing the
investigation and completing the reports, fire inspection reports and
• identify the person who called the fire department financial reports.
• first person who leave the fire scene
All notes should be thorough, accurate, detailed and neat so that they
• did the fire occur during or after business hour?
are easily to transcribe and / or read. They will readily assist in
• Was it during daytime or night time? correlating observations and developing leads. These notes are the
• Condition of traffic in the area. principal basis of all reports the investigator makes and submits.
II. The Fire Scene:
The Fire Investigation Report
Protecting the Fire Scene
It is the final written results of taking notes, recording observations
• Cooperation of the firemen and the Police
and interviewing witnesses. It includes the written results of the
• Assignment of guards construction and size of the burned structure, what the firemen
Mechanics of Search observed and encountered upon their arrival at the fire scene, the
color of the smoke and flame, and the intensity and location of the
• Planning fire.
• Sifting of the Debris
• Location of the point of origin of the fire Inventory of Evidence
• General Rules/SOP's
As the evidence is collected and marked for identification purposes, it
Collecting and Preserving of Evidence should be entered on some type of inventory sheet. In all cases, it will
improve the admissibility of evidence by establishing chain of custody
• Photography necessary to prove during the trial on an arson case.
• Sketching
• Assistance of Qualified Experts
• Handling of Physical Evidence
• Forwarding of Physical Evidence
•
III. Post Investigation

Methods
Among the most likely method to be used by investigators are the
recording of the facts noted at the fire scene, sketches and
photographs as well as statements taken from the witnesses. And