Fire Protection Module 19

Cause Determination of Fire, Responsibility and Liability

Policy

The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the proper complaints with the city or provincial prosecutor who has jurisdiction over the case. (Section 54, RA 6975)

Purpose

Accurately determine the cause of fire that will form part of the basis of fire prevention activities and filing of appropriate action in court.

Basic concepts, principles, and guideposts

The determination of the cause of the fire requires the identification of materials, circumstances and factors that were necessary for the fire to have occurred. Likewise, the determination of the cause of fire will expose whether a certain person or entity must be held legally accountable for the occurrence of the fire

Fire Arson Investigator (FAI) handling the case may require other documents necessary in the conduct of the investigation. And should also consider and delve into other possible sources of information. (Local neighborhood inquiry, available public records, concerned insurance company/ies and other reliable sources).

Fire Arson Investigator (FAI) must follow the instructions pertaining to evidence collection and handling of evidence as provided for in MEMORANDUM CIRCULAR NO. 2010-LAB-01: Guidelines in the Collection, Labeling, Preservation, Chain of Custody and Submission of Physical Evidence to BFP Laboratory

Scope

Fire Arson Investigation Team / Chief, Arson

Responsibilities

• Team Leader - assumes overall control of the fire scene.

• Lead Fire Arson Investigator - coordinates with the Team Leader regarding appropriate investigation approach.

• Fire Scene Photographer - photographs the fire scene prior entry of the investigation team and during walk-through.

• Fire Scene Sketch Preparer - diagrams and illustrates the immediate area of the fire scene.

• Evidence Recovery Personnel and Custodian - conducts actual exhaustive search of probable pieces of evidence with the direct guidance of the Team Leader and Lead FAI at the fire scene.

• Team Security Personnel - ensures the overall security/safety of the investigating team.

• Arson Laboratory Section (ALS) - BFP team that subjects/tests the pieces of evidence for laboratory examination

Definitions

• Area of Fire Origin - the room or area where the fire began.

• Inductive Reasoning - the process by which a person starts from experience and proceeds to generalizations. The process by which hypothesis are developed based upon observable or knows facts and the training, experience, knowledge, and expertise of the observer.

General Procedures

1. Pre/Before

Fire Scene Documentation

1. Fire Scene Sketch Preparer and Fire Scene Photographer ensures the availability of all tools and equipment they need for the investigation.

2. Fire Scene Sketch Preparer prepares a detailed illustration of the interior and exterior portion of the fire scene, illustration of the Area of Fire Origin and the Point of Fire Origin, Fire Spread Pattern, affected and unaffected areas at the fire scene.

3. Fire Scene Photographer photographs the fire scene in wide and close-up angles for detailed and sequential presentation

Submission Of Pertinent Documents For Investigation

4. Fire Arson Investigator (FAI) prepares the LIST OF DOCUMENTS needed to be accomplished / submitted by the fire victim/s, building occupant/s and other parties affected by the fire. The required documents are listed in Form FAI02: Required Documents for Investigation. Documents to be obtained from the fire victim vary based on the TYPE OF OCCUPANCY or the INVOLVED STRUCTURE gutted by fire.

5. FAI prepares and submits the mandatory reports within the reglementary period of submission

2 Actual/During

Collection And Preservation Of Evidence

6. FAI prepares the apparatus to be used for the collection of evidences.

7. FAI identifies and collects physical evidences found at the fire scene that have Evidentiary Value in the conduct of fire investigation.

8. Evidence Recovery Personnel and Custodian coordinates with Fire Scene Sketch Preparer for the illustrations of the position and location of all pieces of evidence collected.

9. Fire Arson Investigator photographs the pieces of evidences to be collected before lifting and should be in the presence of a witness independent from the Fire Arson Investigation Team.

10. FAI properly documents, packs, seals and labels the pieces of evidence recovered prior to transportation and submission to Arson Laboratory Section BFP-NHQ, within 72 hours upon lifting from the fire scene, for laboratory examination.

11. FAl fully records/documents, collect, and itemize in detailed format all the recovered pieces of evidence using the Evidence Collection and Recovery Record (ECRR).

12. FAI attaches the copy of the Evidence Collection and Recovery Record (ECRR) to the Evidence Chain of Custody (ECC) form

Interview And Questioning Of Witnesses

13. FAI issues Invitation Letter to all witnesses to appear before the Office of the Investigation and Intelligence concerned for a formal interview.

14. FAI requires the witness to execute and sign his/her Swor Statement under oath, and have the same duly subscribed and sworn to before a person legally authorized to administer oath (Notary Public, Prosecutor, Clerk of Courts, and Judges) or at least a member of the BFP investigation team with the rank of Fire Inspector.

15. FAI conducts interview and questioning to other experts / professionals who can provide relevant information about the occurrence of the fire.

Conduct Fire Cause Determination Procedure

16. FAI collects data by observation or other direct data gathering means.

17. FAI analyzes collected data based on acquired knowledge through training, experience, and expertise.

18. FAI develops hypothesis from collected data using inductive reasoning.

19. FAI tests the hypothesis if it can stand the test of careful and serious challenge.

20. FAI selects final hypothesis.

3. Post/After

Submit Mandatory Report

21. Fire Arson Investigation Team submits Progress Investigation Report (PIR) within 7 days from the inception of the investigation to MFM / CFM copy furnished DFM, PFM, RD, Chief, BFP thru lID, BFP-NHQ.

22. Fire Arson Investigation Team submits Final Investigation Report (FIR) within 45 days from the inception of the investigation to MFM / CFM copy furnished DFM, PFM, RD, Chief, BFP thru IID, BFP-NHQ.

Determining Responsibility and Liability

Policy

The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the proper complaints with the city or provincial prosecutor who has jurisdiction over the case. (Section 54, RA 6975)

Purpose

Determine the responsibility and liability of any person involved in a particular fire incident. Determine which BFP investigation unit has jurisdiction to conduct investigation

Basic concepts, principles, and guideposts

The notion of any fire investigation is to come up with a correct conclusion about what transpired on a particular fire incident that resulted to the death and injury of a person, damage to property and other unwanted aftermath of the fire.

Prior to the actual detention of an arrested Arson suspect, he/ she shall first be subjected to medical examination, preferably in a government hospital or other accredited medical facility. The same procedure shall be observed prior to the actual turnover of the arrested suspect to the custody of the BJMP or the PNP.

Standard Guide in Computing Fire Damages Initial Assessment of Fire Damages:

Level of Authority to Conduct Investigation

1. Municipal Investigation and Intelligence Unit (MIIU) shall have the authority to conduct investigation on fire incident cases with an incurred damage in the aggregate amount of not exceeding Twenty Million Pesos (PhP 20,000,000.00).

2. City Investigation and Intelligence Section (CIIS) shall have the authority to investigate fire incident cases with an incurred damages in the aggregate amount of not exceeding Thirty Million Pesos (PhP 30,000,000.00).

3. Provincial/District Investigation and Intelligence Branch (PIIB/DIIB) shall have the authority to conduct investigation on fire incident cases with an incurred damage in the aggregate amount of above Thirty Million Pesos (Ph 30,000,000.00) but not exceeding Forty Million Pesos (PhP 40,000,000.00).

4. Regional Investigation and Intelligence Branch (RIB shall have the authority to conduct investigation on fire incident cases with an incurred damage in the aggregate amount of above Forty Million Pesos (Ph 40,000,000.00) but not exceeding Sixty Million Pesos (Ph 60,000,000.00).

5. Investigation and Intelligence Divsion of BFP National Headquarters shall have the authority to investigate fire incident cases with incurred damages in the aggregate amount of Sixty Million Pesos (PhP 60,000,000.00) and above.

Special Provisions on Fire Arson Investigation

1. Marine Transportation: In case of occurrence of fire involving a ship or vessel docked at sea ports/wharves, the BFP investigation unit who has jurisdiction over such sea port or wharf shall proceed to investigate the fire incident in coordination with the Maritime Industry Authority (MARINA) or the Maritime Police.

2. Air Transportation: In case of occurrence of fire involving an aircraft on the ground, the BFP investigation unit who has jurisdiction over the area where the fire incident involving an aircraft occurred shall proceed to investigate the said fire incident in coordination with Civil Aviation Authority of the Philippines (CAAP) or the Airport Police.

3. Forest Fires: In case of occurrence of a forest fire, the BFP investigation unit who has jurisdiction over the area where the forest fire occurred, shall proceed to investigate the said fire incident in coordination with the Department of Environment and Natural Resources (DENR), the Philippine National Police (PP) and such other government agency/entity who may have interest in the said fire incident.

4. Gas Leaks and Explosions: In case of occurrence of fire caused by gas leak or explosion, the BFP investigation unit who has jurisdiction over the area where the gas leaks or explosion occurred shall proceed to investigate the matter in coordination with Philippine National Police (PNP), National Bureau of Investigation (NBI), or any investigation unit of the Armed Forces of the Philippines (AFP).

5. Fire Incidents within Economic Zones: In case of occurrence of fire within an area under the Philippine Economic Zone Authority (PEZA), the BFP Investigation unit who has jurisdiction over the area where the economic zone is located shall proceed to investigate in coordination with the Zone Manager.

6. Investigating Fire incidents with Casualties: Investigation of this nature involves the visual examination of the body cadaver; determination of identity and other personal circumstances; proper documentation (in situ - sketch and photographs) and lifting of the cadaver with the assistance of the Philippine National Police - Scene of the Crime Operatives (PP-SOCO) in order to determine whether the crime committed is plain Arson or that Arson has been committed to conceal the commission of other crimes, such as murder or homicide.

Scope

Fire Arson Investigation Team / Chief, Arson Chief, BFP

Responsibilities

• Team Leader - assumes overall control of the fire scene

• Lead Fire Arson Investigator - coordinates with the Team Leader regarding appropriate investigation approach.

• Fire Scene Photographer - photographs the fire scene prior entry of the investigation team and during walk-through.

• Fire Scene Sketch Preparer - diagrams and illustrates the immediate area of the fire scene.

• Evidence Recovery Personnel and Custodian - conducts actual exhaustive search of probable pieces of evidence with the direct guidance of the Team Leader and Lead FAI at the fire scene.

• Team Security Personnel - ensures the overall security/safety of the investigating team.

Definitions

• Custodial Investigation - involves any questioning by law enforcement people after a person is taken into custody or deprived of his freedom in any significant manner as enumerated under R.A. 7438).

• High profile cases - cases considered to invite too much public attention in view of the magnitude of its casualties and fatalities and unconscionable amount of insurance coverage, or that public clamor calls for such reinvestigation.

General Procedures

A. Pre/Before

1. Chief, Investigation, and Intelligence Section thru the Fire Arson Investigator (FAI) determines the total amount of damages of the fire incident (refer to Standard Guide in Computing Fire Damages Initial Assessment of Fire Damages).

2. Chief, Investigation, and Intelligence Section, thru the FAI, determines level of authority to conduct the investigation (refer to Level of Authority to Conduct Investigation under standard guide).

B. Actual/During

Determining Legal Responsibility

3. Fire Arson Investigation Team collects and processes all the pieces of evidence within the fire scene.

4. Fire Arson Investigator (FAI) prepares the inventory of evidence collected and submits it to Arson Laboratory Section within 72 hours upon lifting from the fire scene.

5. FAI discusses preliminary scene findings with the team.

6. FAI discusses post scene issues including forensic testing, insurance inquiries, interview results and criminal histories.

7. FAI proceeds to address legal considerations.

8. FAl ensures that all scene documentation has been completed.

9. FAI appropriately addresses the structural, environmental, health and safety issue

10. FAI completes the investigation process. Should the fire incident being investigated is highly suspected to be intentional in nature, issuance of Property Recovery and Clearing Permit (PRCP) must be temporarily withheld until proven otherwise

    a. If the fire incident is found to be intentional in nature, a criminal complaint must be filed in the prosecutor's office and the issuance of the appropriate authority pertaining to clearing, cleaning and/or demolition of the burned premises shall depend on the discretion of the prosecutor investigating the case.

    b. If the investigation of the fire incident was completed and found out to be accidental in nature, the Fire Arson Investigator shall issue the 'Release of Fire Scene to the Property/Building Owner

11. Fire Arson Investigation Team removes all the investigative equipment and materials in the fire scene.

12. In cases where the FAI makes an arrest, from the start of the custodial investigation, he informs the person arrested of his rights in accordance with Section 12, Para 1 of the 1987 Constitution. The person arrested is entitled to the following rights:

    a. The right to remain silent.

    b. The right to have a competent and independent counsel preferably of his own choice and if he cannot afford the services of a counsel, he must be provided with one

13. FAI informs the person arrested that these rights cannot be waived except in writing and in the presence of a counsel. (Counsel of the Suspect reads and clearly explains the sworn statement to the person arrested, detained or under custodial investigation in the language or dialect known to him.)

14. Fire Arson Investigation Team subjects the arrested Arson suspect, prior to actual detention, to medical examination, preferably in a government hospital or other accredited medical facility.

15. FAI subjects the suspect for Inquest Proceedings before the Office of the Prosecutor within thirty-six (36) hours after the arrest, or in case of municipalities where no government prosecutor is assigned, the FAI subjects the suspect for inquest at the office of the Provincial Prosecutor's Office.

16. FAI continuously monitors the case up to its final resolution.

C. Post/After

Attending To Court Duty (FAI must always be ready ready with his credentials for the perusal of the court)

17. FAI dutifully attends and gives preferential attention to Subpoena or Order from the courts.

18. FAI immediately notifies the court in writing if he cannot attend a particular court hearing due to conflict of schedule.

19. FAI / BFP Officer / Personnel who will attend to a Court Duty must wear complete General Office Attire (GOA).

20. FAI / BFP Officer / Personnel are only required to bring original or authenticated photocopy of the investigation reports and other case records if so, directed by the court.

21. As proof of attendance to court duty, FAI / BFP Officer / Personnel secures Certificate of Appearance from the Clerk of Court.

Reinvestigation (When Necessary)

22.In any event that a fire case is requested to be reopened/ reinvestigated, the FAl who conducted the investigation turns over the complete case folder within five (5) working days to the Office of the Chief, BFP upon notice from the Investigation and Intelligence Division, BFP-NHQ of such request, subject to the following conditions:

• New evidence has been discovered that would warrant the reinvestigation of the fire case.

• New witness/es appeared and attested to the veracity of significant facts pertaining to the fire incident.

• High profile cases.

• A formal request for reinvestigation should be filed at the Office of the Chief BFP, thru the Office of the Investigation and Intelligence Division, BFP-NHQ by the party requesting for such reinvestigation, stating therein the grounds/justification relied upon by the party who filed such request.

• Upon the approval by the Chief, BFP of the request for reinvestigation, the investigation unit directed by the Chief, BFP to conduct the reinvestigation immediately assumes jurisdiction over the fire case.

• The Higher Investigation Office tasked by the Chief, BFP to conduct reinvestigation shall temporarily invalidate all the issued clearances / certificates by the lower BFP investigation until the result of the reinvestigation.

• The Higher Investigation Office tasked by the Chief, BFP to conduct reinvestigation shall strictly observe that the conduct of reinvestigation shall not exceed thirty (30) working days from the date the case was approved for reinvestigation.

• The Higher Investigation Office tasked by the Chief, BFP to conduct reinvestigation shall immediately report to the Chief, BF the result of such reinvestigation immediately upon the completion thereof.