Module 12

REPORTER: GROUP 3
Three main
methods to
prevent
fires:
Kathleen
Individuals, groups, and communities
use three main methods to prevent
fires:

Inspection of
buildings and other
property
Public education
Laws and
about fire safety and
Regulations
prevention

Kathleen
Why fires should be
investigated?

Kathleen
Who are qualified to investigate fires?

He should have an insight of

01 Possession of knowledge of
investigational techniques. 02 human behavior.

He should have a first hand

03 knowledge of the chemistry 04 He should be resourceful.
of fire and its behavior

Kathleen
Is Fire Investigation Complex and Unique?

01 03

Rarely can there be an

Fire destroys evidence
eyewitness in Arson.
02

If it is Arson, it is planned,
motivated and committed is
discreet.
Kathleen
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.

Kathleen
 The information taken from them may be
categorize as:

01 02 03
Information Information
Information
attainable or available during
available to the
developed prior overhaul and
firemen at the
to the arrival at thereafter.
scene
the scene

Kathleen
Legal Aspect of
Fire
Investigation

Kathleen
 ARSON
Arson is the intentional or malicious
destruction of property by fire.

Kathleen
 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:.

Kathleen
• 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.

• 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 limitedto 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.

Kathleen
• Any train or locomotive, ship or vessel, airship or airplane
devoted to transportation
or conveyance, or for public use, entertainment or leisure.
• Any building, factory, warehouse installation and any
appurtenances thereto, which
are devoted to the service to public utilities.
• 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.

Kathleen
 Penalty
01 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.

Cadalin
The penalty of
Reclusion Perpetua to
Death shall also be
imposed upon any
person who shall
Burn:

Cadalin
 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.

Cadalin
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).

Cadalin
 MODULE 13

What is the basis of

criminal liability in
arson?

Cadalin
Basis of criminal liability in arson

Location of the building

01 Kind and character of the
building burned 02

03 Extent or value of the

damage 04 Whether inhabited or not.

Cadalin
What are other
forms of
arson?

Cadalin
Other forms of arson refer to those enumerated under Article 321 of
the Revised Penal Code, as Amended like the following:

Setting fires to any building, Building burned is a public

01 farmhouse, warehouse, hut,
shelter, or vessel in Port,
02 building and value of
damage exceeds six
knowing it to be occupied at
the time by one or more Thousands pesos (P6000.00).
person.

Building burned is a public building and

Building burned is a public purpose is to destroy evidence kept
03 building and purpose is to destroy
evidence kept
04 therein to be used in legislative, judicial
or administrative proceeding,
therein to be used in instituting irrespective of the damage, if the
prosecution for punishment of evidence is to be used against defendant
violators of law, irrespective of any crime punishable under existing
Of the amount of damage. law. Cadalin
Arson of Property
of Small Value
(Art. 323, RPC)

Cadalin
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.

Cadalin
Crimes Involving Destruction (Art 324, RPC)

01 Explosion 02 Discharge of
electric current

03 Inundation, sinking 04 Taking up the rails

or stranding of a
vessel from a railway track
Pano
Crimes Involving Destruction (Art 324, RPC)

Malicious changing of Destroying telegraph

05 railway signals for the 06 wires and telegraph post
safety of moving trains or those any other
communication system

07 By using any other agency

or means of destruction as
effective as the above
Pano
Burning one’s own
property as a means to
commit arson (Read Case
of U.S vs. Budiao, 4 Phil.
502) (Article 325, RPC)

Pano
Article 326, RPC –
Setting Fire to
Property Exclusively
Owned By the
Offender

Pano
This act is punished if the purpose of the offender is to:

Defraud or cause
Damaged is actually
01 damage to 02 caused upon
another or
another’s property
even if such purpose
is absent or

03 Thing burned is a
building in an
inhabited place.
Pano
Presidential
Decree No. 1613
– Amending the
Law on Arson

Pano
What are other
forms of
arson?

Pano
Special Aggravating Circumstance in Arson

If committed If committed with

01 with intent to 02 the benefit of
gain: another:

If the offender is
motivated by spite or
03 hatred towards the 04 If committed by a
owner or occupant of the syndicate (3 or more
property persons).
burned: Pano
Prima Facie
Evidence of
Arson

Pano
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.

Pano
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 aFor the desistance of the offender or the
safety of the person or property of the victim..

Mangangot
What
Constitutes
Arson?

Mangangot
CHARACTERISTICS OF A LEADER
01 02 03
Burning Wilfulness Malice

04 05
Motive Intent

Mangangot
Methods of
Proof in Arson

Mangangot
Physical evidences in arson are often
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:

Mangangot
1. Burning 2.Criminal
Design

3. Evidence of
Intent

Mangangot
What are basic
lines of inquiry in
Arson
Investigation?

Mangangot
The arson investigator must have to
inquire on the following

a) point of origin of b) motives

fire of arsonist

c) prime d) the telltale

suspects signs of
arson.

Mangangot
THANK YOU FOR
LISTENING!!!