Introduction to Fire & Arson Investigation
1. What is arson?
The crime of maliciously, voluntarily, and willfully setting fire to the
building(s), or property of another or of burning one’s property.
2. What are the three (3) fold aim of investigation?
To identify the guilty party;
To locate the guilty party; and
To provide evidence of his guilt
3. What are the types of investigation?
CRIMINAL INVESTIGATION – the action taken by law enforcers after the
arrest of the offender of upon the written complaint of the offended party
so that the perpetuator may be held accountable for the crime he has
committed before the bar justice.
CUSTODIAL INVESTIGATION – is the skilful questioning of a suspect or
a hostile witness to divulge information concerning the crime under
investigation;
FIRE INVESTIGATION – the process of determining the origin, cause,
and development of a fire explosion
4. What are the laws governing arson cases?
Articles 320 to 326 of the Revised Penal Code - As amended by PD 1613,
PD No 1744 and Sec 54 of RA 6975 providing the BFP power to
investigate all cases of fires and, if necessary file the proper complaint
with the City/Provincial prosecutor who has jurisdiction over the arson
case.
5. What are the elements of arson?
Actual burning took place
Actual burning is done with malicious intent
The actual burning is done by person (s) legally and criminally liable
6. What constitutes arson?
Burning – there must be burning or changing, i.e the fiber of the wood
must be destroyed or decomposed, its identity or physical state changed.
Willfulness – the act was done purposely & with intention.
Motive – the moving cause that induces the commission of the crime.
Malice – it denotes hatred or a desire for revenge.
Intent – the purpose or design with which the act is done and involves the
will to do the act.
7. What constitute prima facie evidence of arson?
Any of the following circumstances shall constitute prima facie evidence of arson:
1. If after the fire, materials or substances soaked in any
inflammables, or any mechanical, electrical, chemical or electronic
contrivance, desired to start a fire or ashes or traces of any of the
foregoing are found;
2. The substantial amount of inflammable substances or materials not
necessary in the course of the defendant’s business were stored
within the building; and
3. That the fire started simultaneously in more than part of the building or
locate under circumstances that cannot normally be due to
accidental or unintentional causes: Provided, however, that at least
one of the following is present in any of the three stated
circumstances:
a. That the total insurance carried on the building and/or
goods is more than 80% of the value of such building and/or goods
at the time of the fire.
b. That the defendant after the fire has presented a
fraudulent claim or loss.
ADDITIONAL PRIMA FACIE EVIDENCE OF ARSON UNDER ART 326-B OF
THE Revised Penal Code
1. If the fire started simultaneously in more than one part of the building or
establishment;
2. If substantial amount of flammable substances or materials are stored
within the building not necessary in the business of the offended nor for
household use;
3. If gasoline, kerosene, 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 or ashes or traces of
any foregoing are found in the ruins or premises of the burned property;
4. If the building or property is insured for substantially more that its actual
value at the time of the issuance 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 control of
the offender and or insured
6. If shortly before the fire, a substantial portion of the effects insured and stored
in the 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 a desistance of the offender or for the safety of the person or
property of the victim;
8. What are the aggravating circumstances in arson cases?
If committed with intent to gain;
If committed for the benefit of another;
If the offender is motivated by spite or hatred toward the owner or
occupant of the property burned
If committed by a syndicate.
The offense is committed by a syndicate if it is planned or carried out by a
group of three (3) or more persons
9. What are the two elements required to establish the corpus delicti in arson
cases?
The burning of the house or other thing, and
The criminal group that caused it.
10. What are the factors involved in corpus delicti?
Burning – that there was fire that may be shown by direct testimony of
complainant, firemen responding to the crime, and other witnesses of the
fire incident. Burned parts of the building may also indicate location.
Criminal Design – a willful and intent of action, done must be shown. The
presence of incendiary devices, flammable substances/materials such as
gasoline and kerosene may indicate that the fire is not accidental.
Evidence of Intent – when valuables were removed from the building
before the fire, the ill-feeling between the accused and the occupants of
the building involved or burned, absence of effort to put off the fire and
such other indications
11. What are the steps to be considered in conducting preliminary
investigation?
Examination should be thorough
Establish the corpus delicti by eliminating all natural or accidental cases
12. How to determine the origin of fire?
The origin of fire initially, the important point to be established is the point
of the origin of the fire, or what particular place in the building the fire
stared. This may be obtained or established by an examination of
witnesses by the arson investigator, by inspection of the debris at the fire
scene, and by studying the fire pattern.
13. What are the common motives of arsonist?
Economic Gain
- Insurance fraud-benefits
- Desire to dispose merchandise-loss of market value being out of season,
lack of raw materials, over supply of merchandise
Profit by the perpetuator other than the insured person
- Insurance agents using business with the insured person
- Business competitors plan to drive others
- Person seeking job as personnel protection
- Salvagers and contractors wishing to contract another building
Concealment of crime- when the purpose of hiding a crime or committing
a crime, arson was used as a means.
Pyromania – the uncontrollable impulse of a person to burn anything
without any motivation
14. What are the documentary requirements in arson cases?
Spot Investigation Report (SIR) - 24 hours
Progress Investigation Report (PIR) - 7 to 15 days
Final Investigation Report (FIR) - 30 to 45 days
Fire Incident Investigation Report (FIIR)
15. What are the levels of authority to conduct fire investigation?
Municipal Fire Marshal (LEVEL 1) – through its Municipal Investigation and
Intelligence Unit (MIIU) shall have the full responsibility and power to investigate
fire incidents with a total amount of damage not exceeding to twenty million
pesos (Php 20,000,000.00)
City Fire Marshal (Level 2) - … total amount of damage not exceeding to thirty
million pesos (Php 30,000,000.00)
District Fire Marshal (LEVEL 3) - … total amount of damage amounting to
above thirty million pesos (Php 30,000,000.00) but not exceeding to forty million
pesos (Php 40,000,000.00). The DIIB operatives can assume the conduct of
investigation on fire incidents with damages amounting to twenty million in
municipal levels only within their respective jurisdiction.
Provincial Fire Marshal (LEVEL 3) - …total damages amounting to above thirty
million pesos but not exceeding to 40 million pesos. PIIB operatives can assume
the conduct of investigation on fire incidents with damages amounting to more
than 20 million pesos in municipal levels only within their respective jurisdictions.
Regional Director for Fire Protection (LEVEL 4) - …total damages amounting
to above 40 million pesos but not exceeding to 60 million pesos.
Chief, BFP (LEVEL 5) – the Chief, BFP through the office of the IID, BFP NHQ
shall have the full responsibility and power to investigate fire incidents with a total
damages to above 60 million pesos.
Good Luck!!!!!
