CDI-5 FIRE- ARSON.pptx
FIRE PROTECTION AND ARSON INVESTIGATION
THE ANATOMY OF FIRE
What is Fire?
- Fire is a rapid, self-sustaining oxidation process that produces heat and light.
- It's an active chemical reaction involving fuel, heat, and oxygen, resulting in noticeable heat and light.
- Fire is the heat and light emitted from burning substances, caused by rapid chemical reactions between a combustible material and an oxidizer.
Elements of Fire (Fire Triangle/Tetrahedron)
- Fire Triangle (Original Model):
- FUEL: Any substance that can burn when heated with sufficient oxygen.
- HEAT: A source of ignition.
- OXYGEN: Supports combustion.
- FUEL + HEAT + OXYGEN = FIRE
- Fire Tetrahedron (Modern Model):
- A geometric representation of the elements needed for fire: fuel, oxidizing agent, heat, and an uninhibited chemical reaction.
- HEAT + OXYGEN + FUEL + UNINHIBITED CHEMICAL REACTION = FIRE (Self-Sustained Chemical Reaction)
Self-Sustained Chemical Reaction (Chain Reaction)
- Combustion is a complex reaction requiring fuel (in gaseous or vapor state), an oxidizer, and heat energy in a specific arrangement.
- Flaming combustion continues when enough heat is produced to sustain the vaporization or gasification of the fuel.
- This process is referred to as a "chain reaction".
Importance of the Tetrahedron Components
- All four components of the tetrahedron MUST be present for combustion to occur.
- Removing any single component will prevent or extinguish the fire.
Oxygen (Oxidizing Agent)
- A colorless, odorless gas constituting approximately 21% of air by volume.
- Oxygen Sources:
- Normal air (21% oxygen)
- Nitrogen (78%)
- Other gases (1%)
- Oxygen Requirements for Fire:
- Below 12%: No fire.
- 14%: Flash point can be reached.
- 21%: Fire point is achievable.
Pyrolysis
- The chemical process where fire consumes the solid part of the fuel.
- It involves the thermal decomposition of solid fuel through heat.
- Pyrolysis Steps:
- Fuel is heated to its fire point.
- Decomposition occurs, converting moisture into vapor.
- Combustible vapors (free radicals) are produced and rise to the fuel's surface.
- Free radicals combust if sufficient oxygen is present.
Solid Fuels
- Common examples: wood, paper, cloth.
- Types of Flammable Solids:
- Pyrolyzable Solid Fuels:
- Ordinary combustibles like wood and paper.
- Vapors released by decomposition support flaming combustion.
- This exemplifies a gas-to-gas reaction where vapors mix with air to produce a flame.
- Non-Pyrolyzable Solid Fuels:
- Difficult to ignite, such as charcoal.
- No chemical decomposition or vapor release occurs.
- Glowing combustion is a gas-to-solid reaction.
- Pyrolyzable Solid Fuels:
Liquid Fuels
- Two General Groups:
- Flammable Liquids:
- Flash point below 37.8 ^\circ C (100 ^\circ F) and vapor pressure not exceeding 40 psia (2068.6 um) at 37.8 ^\circ C.
- Easier to ignite than combustible liquids.
- Examples: gasoline, acetone, toluene, diethyl ether, alcohols.
- Combustible Liquids:
- Flash point at or above 37.8 ^\circ C (100 ^\circ F).
- Examples: diesel fuel, motor oil.
- Flammable Liquids:
Gaseous Fuels (According to Physical Properties)
- Compressed Gas: Exists solely in the gaseous state under pressure at normal temperatures inside its container.
- Liquefied Gas: Exists partly in liquid and partly in gaseous state under pressure at normal temperature inside its container, as long as liquid remains.
- Cryogenic Gas: A liquefied gas existing in its container at temperatures far below normal atmospheric temperature (e.g., air, carbon monoxide, ethylene, fluorine, helium, hydrogen, methane, nitrogen, and oxygen).
Sources of Heat (Types of Energy)
- Chemical Energy
- Electrical Energy
- Nuclear Energy
- Mechanical Energy
Chemical Energy
- The most common source of heat in combustion.
- Oxidation occurs when a combustible material contacts oxygen, producing heat.
- Examples: burning match, spontaneous heating.
Electrical Energy
- Can generate temperatures high enough to ignite nearby combustible materials.
- Examples: overcurrent or overload, arcing, sparking, static electricity, lightning.
Nuclear Energy
- Generated when atoms split (fission) or combine (fusion).
- Examples:
- Fission heats water to drive steam turbines for electricity generation.
- Solar energy is a product of a fusion reaction.
Mechanical Energy
- Energy created by friction and compression.
- Heat of friction: Movement of two surfaces against each other produces sparks.
- Heat of compression: Heat generated when a gas is compressed in a container or cylinder.
DEVELOPMENT OF FIRE
- Ignition occurs when the four components of the fire tetrahedron combine.
- For a fire to spread, heat must be transmitted beyond the initial material to additional fuel sources.
Stages of Fire
- Ignition
- Growth
- Flashover
- Fully-Developed
- Decay
1. Ignition
- The period when the four elements of the fire tetrahedron (fuel, heat, oxygen, chemical chain reaction) come together and combustion begins.
2. Growth
- A fire plume forms above the burning fuel shortly after ignition.
- The plume entrains air from the surrounding space into the column.
3. Flashover
- Represents the transition between the growth and fully developed stages.
- It's not a specific event like ignition but a rapid change in fire behavior.
4. Fully Developed
- Occurs when all combustible materials in the compartment are involved in the fire.
5. Decay
- The rate of heat release begins to decline as the available fuel is consumed.
Phases of Fire
- Incipient Phase
- Free-burning Phase
- Smoldering Phase
1. Incipient phase
- Initial stage of a fire.
- Characteristics:
- Normal room temperature
- Plentiful oxygen
- No visible smoke or flame and very little heat.
2. Free Burning phase
- Materials or structures are burning in the presence of adequate oxygen.
- Characteristics:
- Fire involves more fuel.
- Oxygen supply depletes.
- Heat accumulates at the upper area.
- The area is fully involved in fire.
3. Smoldering phase
- Final phase of burning where flame ceases, but dense smoke and heat completely fill the confined room.
MODES OF HEAT TRANSFER
- Conduction
- Convection
- Radiation
- Flame Contact
1. Conduction
- Heat transfer within solids or between contacting solids.
2. Convection
- Heat transfer by the movement of liquids or gases.
- Mass movement of hotter, less dense gas through cooler, denser surroundings ("hot air rises").
3. Radiation
- Heat transfer by electromagnetic waves.
- Radiant heat is transmitted to buildings not shielded from the fire.
- Radiation passes through windows easily, increasing the risk of fire spread to neighboring buildings.
4. Flame Contact
- Heat conducted from one body to another through direct flame contact.
Properties of Fire
- Physical properties
- Chemical Properties
- Types of Flames
- Nature and Behavior of Fire
- Types of Combustion
- Products of Combustion
1. PHYSICAL PROPERTIES
- a. Specific gravity - the ratio of the weight of a solid or substance to the weight of an equal volume of water.
- b. Vapor density - the weight of volume of pure gas compared to the weight of a volume of dry air at the same temperature and pressure
- c. Vapor pressure - the force exerted by the molecules on the surface of the liquid at the equilibrium
- d. Temperature - the measure of the thermal degree of the agitation of molecules of a given substance; the measure of the molecular activity within the substance
- e. Boiling Point - the constant temperature at which the vapor pressure of the liquid is equal to the atmospheric pressure
- boiling point of water = 100 degrees Celsius, 212 degrees Fahrenheit
- f. Ignition temperature - the minimum temperature to which the substance in the air must be heated in order to initiate or cause self-contained combustion without addition of heat from outside sources.
- g. Fire point - the temperature at which the material will give off ample vapors to keep burning.
- h. Flash point - the temperature at which the material is not hot enough to keep burning, but still gives off enough vapors to cause a flame across the surface
2. CHEMICAL PROPERTIES
- a. Endothermic reaction are changes whereby energy is absorbed or is added before the reaction takes place.
- b. Exothermic reaction reactions or changes that releases or give off energy.
- c . Oxidation - a chemical change in which combustible material and an oxidizing material react
- d. Combustion or flame - the manifestation of fire is in its gas- phase combustion; matter that is produced by fire.
3. TYPES OF FLAMES
- a. Based on Color and Combustibility of Fuel
- Completeness of
- Luminous - orange-red with well deposited soot due to incomplete combustion of fuel.
- Non Luminous - blue flame and no soot due to almost complete combustion of fuel.
- Completeness of
- b. Based on Fuel and Air Mixture
- Premixed - flame where hydrocarbon is mixed with air before reaching flame zone [bunsen type].
- Diffusion - flame in which air is mixed in the flame area [gas is forced to the nozzle].
- c. Based on Smoothness
- Laminar - the flame follows a smooth path through a gaseous flame.
- Turbulent - the flame has an unsteady swirl and eddies.
4. The Nature and Behavior of Fire
- It is a result of chemical reaction of fuel [reducing agent] with certain elements as oxygen or chlorine or fluorine [oxidizing agent] at kindling temperature.
- Fire Behavior- refers to the way a fire burns, such as how quickly it spreads, how much heat it gives off and how much vegetation it consumes. Weather, fuels and topography.
- Fire is an exothermic oxidation reaction that proceeds at such a rate that it generates detectable heat and light.
5. Types of Combustion/Fire
- a. Flaming type of combustion - a gas phase combustion in which incandescent gasses are produced.
- b. Surface/Glowing type of combustion - a condensed phase combustion without flame.
- c. Explosion - the type of combustion in which pressure is produced enough to move objects in immediate surroundings.
- d. Detonation - a combustion in which the pressure travels at supersonic speed, hence a shock develops ahead.
6. Products of Combustion
- a. Smoke - Matter made up of very fine solid particles and condensed vapor as a consequence of combustion.
- b. Fire Gasses - Gasses that remain when products of combustion are cooled to normal temperature .
- c. Flames - Incandescent gasses that accompany rapid oxidation of a combustible material.
- d. Heat - Mostly responsible for the spread of fire.
Classifications of fire
- Based on Cause
- Based on Burning Fuel
I. Based on Cause
- a. Natural fire/ Providential
- b. Accidental fire
- c. Intentional Fire/Incendiary
- d. Undetermined
a. NATURAL FIRE
- involves fires without direct human intervention.
- Examples:
- Earthquake
- Typhoon
- Lightning
- Spontaneous combustion arising from the storage of combustible materials in poorly ventilated places
- Explosion from petroleum products, alcohol and other substances
- Sun rays focused on glasses which may serve as a convex lens
b. ACCIDENTAL FIRE
- Carelessly discarded cigarettes
- Careless disposition of readily combustible materials
- Poorly managed or defective heating facilities
- Overheating, spark and electrical defects
- Overload electric circuits/ Octopus connections
- Children playing matches
- Use of candles
c. INCENDIARY/INTENTIONAL FIRE
is one deliberately set under circumstances in which the person knows that the fire should not be set.
- Accelerant - highly flammable chemical that are used to facilitate flame propagation. (Speed up)
- Plant - the preparation and/ or gathering of combustible materials needed to starts a fire. (Starter)
- Trailer - the preparation of flammable substances in order to spread fire. (Spreader)
d. UNDETERMINED FIRE CAUSE - whenever the cause cannot be proven, the proper classification is undetermined
II. Based on Burning Fuel (NFPA)
- A – regular combustibles
- B – flammable liquids and gasses
- C – electrical appliances
- D – combustible metals
- K – cooking oils and fats
CLASS A
- ordinary solid materials such as wood, paper, fabrics, etc.
- this will be indicated by deep cited fire, leaves ashes and embers (glowing coals) after burning.
CLASS B
- flammable liquids such as gasoline, lube oil, kerosene, paint thinner, etc.
CLASS C
- electrical appliances; causes electric shock
CLASS D
- metal fire such as magnesium (white element burning with dazzling light), sodium (a silver white metallic reaction element), etc.;
CLASS K
- involve vegetable oils, animal oils, or fats in cooking appliances. Kitchen fires.
Fire extinguishment
Fire Extinguishment Theory
- Extinguishment by Temperature Reduction (COOLING/QUENCHING)
- Extinguishment by Fuel removal (SEPARATION/STARVATION)
- Extinguishment by Oxygen Dilation (BLANKETING/SMOTHERING)
- Extinguishment by Chemical flame Inhibition
1. Extinguishment by Temperature Reduction (COOLING/QUENCHING)
- One of the most common methods of extinguishment is by cooling of water
- The process of extinguishment by cooling is dependent on cooling the fuel to a point where it does not produce sufficient vapor to burn
2. Extinguishment by Fuel removal (SEPARATION/STARVATION)
- In some cases, a fire is effectively extinguished by removing the fuel source
- This may be accomplished by stopping the flow of liquid or gaseous fuel or by removing solid fuel in the path of the fire
- Another method of fuel removal is to allow the fire to burn until all fuel is consumed
3. Extinguishment by Oxygen Dilation (BLANKETING/SMOTHERING)
- The method of oxygen dilation is the reduction of the oxygen concentration to the fire area
- This can be accomplished by introducing an inert gas into the fire or by separating the oxygen from the fuel
4. Extinguishment by Chemical flame Inhibition
- Some extinguishment agents, such as dry chemical and halons, interrupt the flame producing chemical reaction, resulting in rapid extinguishment
Extinguishing agents:
- Class A water (all agents) AFFF (Aqueous Film Forming Foam) 96% water 4% foam
- Do not use CO2
- Class B – foam/carbon dioxide (all agents)
- Do not use water
- Class C – carbon dioxide/dry powder (never use water, foam and any type with liquid content )
- Class D – special chemical/ dry powder (never use water)
- Class K - Wet Chemical agent fine mist discharge helps prevent grease splash and fire re-flash while cooling the appliance. (never use water and CO2)
Strategies used in firefighting:
- Locate the fire
- Confine the fire
- Extinguish the fire
- Exposures/double check the area
Factors to Consider in Extinguishment:
- Time
- Weather (temperature, humidity, wind)
- Fire (ex. Extent, location, bidg construction, contents involved)
- Occupancy
- Ventilation (used for clearing the building of smoke and gases)
Types of Ventilation
- Vertical/Lateral ventilation - must be worked from the top to bottom.
- Cross or horizontal ventilation - used if gases have not reached the higher level through the opening of windows.
- Mechanical/forced ventilation - a method whereby a device such as smoke ejector is utilized to remove faster excessive heat and dense smoke.
Additional tactics in fire extinguishment:
- Rescue - any action taken by the firefighters to remove occupants/ persons from building/ hazards to a safety place
- Salvage - an action taken by the firefighters in preventing excessive damage by fire, water with the use of salvage cover or by removing materials out from the burning building.
- Overhaul - a complete and detailed check of the structures and materials involved in the fire to make sure that every spark and ember has been extinguished and to have assurance against re-ignition
Types of Ladder:
- Ground ladders (10 to 55 ft. long)
Types of Ground Ladder:
- STRAIGHT LADDER- non adjustable in length and consist only of one section. Sometimes called "wall ladder" and is used for quick access to windows and roofs of one and two-storey buildings.
- EXTENSION LADDER- is adjustable in length. It consists of two or more sections which travel in guides or brackets to permit length adjustments.
Basic parts of an Extension Ladder
- BED - The main section of an extension ladder from which the fly is extended.
- TIP - The uppermost end of the ladder (opposite the butt).
- HEEL - part of the ladder that touches the ground.
- BUTT - The bottom end of the ladder opposite the tip.
- DOGS - The mechanism that keeps the fly(s) from retracting once they are properly set on the desired rung. These are also referred to as "Pawls" or "Locks".
- FLY - The extendable and retractable section or sections of an extension ladder.
- HALYARD - The rope used to extend or retract the fly.
- HOOKS - The curved metal hooks at the tip end of a roof ladder.
- RUNGS - Horizontal cross members of the ladder, used when climbing. Rungs on fire
service ladders are usually round and spaced 14 inches apart. - GUIDES - The metal strips on an extension ladder which guide the fly section or sections while being extended or retracted.
- STOPS - Prevents the extension of a fly section out of the top of the bed.
Types of Ground Ladder:
- ATTIC LADDER- It provides means of reaching an opening for those places which are difficult to reach without special ladder.
- It can be folded or collapsed for a small roomor closet works.
Aerial Ladders
- designed mainly for fighting high-rise fires and can be used to rescue trapped people as well as to shoot water at high locations.
- Equipped with a lift and basket.
- This rising angle cover from 10 to 25 degrees.
Fire Protection Systems
- Fire protection systems aim to safeguard the occupants of a building and minimize fire damage.
- There are two kinds of protection systems:
- Active, which include devices designed to help fight fires like water sprinklers, and;
- Passive, which refers to structural measures in the building designed to prevent the passage of flames and smoke.
FIRE FIGHTING PROTECTIVE EQUIPMENT
- FIREFIGHTING EQUIPMENT - is the main firefighter equipment designed to extinguish fires or protect the user from fire. It may be used by trained fire fighters, untrained users at the scene of a fire, or built into a building's infrastructure (such as a sprinkler system).
- Firefighting equipment includes not only fire hoses and fire extinguishers but also fire-resistant protective clothing, fire-resistant gloves, respirators, and communication equipment.
CATEGORIES OF FIREFIGHTING EQUIPMENT
- Extinguishers – using water, dry chemical powder, foam, carbon dioxide, or other substances.
- Fire fighter’s gear – fire resistant outer suit, inner lining suit, inner and outer gloves, woolen socks, fire resistant shoes, helmet (with or without headlight), communication system, and breathing apparatus.
- Installed firefighting system – main water supply network, hydrant, sprinkler (automatic or manual), emergency fuel and electric cut off system, portable generators, and portable pumps.
- Communication equipment – walkie-talkie, radio, broadcasts, landline telephone, sound powered telephone, cell or mobile phone, and voice pipe.
- Fire detection and alarm systems – smoke, frame, spark detectors, local, centralized automatic, semi-automatic, and manual fire alarm systems.
- Other accessories – water and sand bucket, shovel, hammer, fire axe, cutters, hooks, fire blanket, emergency lifesaving apparatus, and emergency lights
A. USUAL PROTECTIVE CLOTHING
- Boots
- Helmets
- Gloves
- Rain gear – made of rubber
B. OTHER PROTECTIVE EQUIPMENT THAT MAY BE WORN AS SITUATION DEMANDS
- Oxygen Breathing Apparatus (OBA). An entirely self-contained unit designed to protect the wearer in an atmosphere that lacks oxygen or that contains harmful gases, vapors, smokes or dusts.
- Air-line Masks. Not used in fighting fires, however, it may be used to enter smoke filled spaces, for the rescue of personnel.
- Tending Lines. Facilitates the rescue of an overcome firefighter with an OBA, air-line mask, or similar equipment; 50-foot nylon covered steel wire with the OBA or air-line mask.
- Proximity Fire Fighting Suit. Provides the wearer with thermal protection but does not contemplate the wearer to move to the flames, or through flaming and burning liquid fuel. The material used is asbestos, cotton, aluminized on the outside for reflective purposes. The suit also resists the penetration of liquid. It consists of:
C. ATMOSPHERIC TESTING DEVICES
- Combustible Gas Indicator. This can quickly, safely, and accurately detect all combustible gases or vapors associated with fuel oils, alcohol, gasoline, hydrogen, acetylene in mixture with air or oxygen, etc., sensitive in detecting small quantities of gases and vapors up to the lower explosive limit, and it gives a reliable indication of the mixture if in the upper explosive range. However, it does not identify the explosive or combustible gases that are present.
- Flame Safety Lamp. It is intended for the detection of oxygen deficiency. It also detects the presence of flammable vapors, but its intentional use for this purpose is very dangerous particularly in an atmosphere that may contain acetylene or hydrogen. Under normal condition, the flame looks like an ordinary flame. If oxygen becomes lower than normal, the flame will go dim. If the oxygen becomes less than 16 percent by volume, the flame of the lamp is extinguished.
ARSON INVESTIGATION
- Arson - the willful and malicious burning of all kinds of buildings and structures including personal properties.
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.
Elements of Fire as Applied to Investigation
- Elements of Fire
- Heat – a form of energy generated by the transmission of some other form of energy, as in combustion or burning (ignition temperature)
- Heat sources: Open Flame, Electrical circuit, Sparks and all sources of ignition
- Fuel – combustible matter (organic material , hydrocarbons)
- The most important part of the fire triangle, because fuel is what burns.
- It comes in three form as solid, liquid, or gas.
- Oxidizing agent – the common oxidizing agent is Oxygen – a colorless, odorless gas and one of the compositions of air which is approximately 21% by volume.
- Oxygen Sources:Oxygen Requirements
- a. 21% of normal oxygen
- b. 78% of nitrogen
- c. 1% of other gas
- d. 12% - no fire
- e. 14% - flashpoint
- f. 16-21% - fire point
- 21% or more – Oxygen Needed to produce fire
- 16-21% oxygen - That can support fire point.
- 14-15% oxygen - can support flash point
- 12% oxygen is insufficient.
- Oxygen Sources:Oxygen Requirements
- Heat – a form of energy generated by the transmission of some other form of energy, as in combustion or burning (ignition temperature)
FIRE INVESTIGATION
- Process of determining the cause of fire.
Special Challenges in the Investigation of Arson
- Coordinating efforts with other agencies
- Determining whether a crime has in fact been committed
- Finding physical evidence, most of which is destroyed by the fire
- Finding witnesses
- Determining whether the victim is a suspect
Firemen’s Role in Fire Investigation
- Information that can be Obtained from Firemen
- a. Information attainable prior to the arrival at the scene (time of call, name of caller, time of alarm, and date, time and place of occurrence)
- b. Information available to firemen at the scene (nature of occupancy, no. of casualties and wounded, house of origin, etc.)
- c. Information available during overhaul (identities of casualties, possible cause of fire)
SEARCHING THE FIRE SCENE
- A. Purposes of Search
- To locate, identify, record, collect and preserve evidence
- To determine the cause of fire
- To provide evidence for the guilt of arsonist ( in case of intentional fire)
- B. Steps in Searching
- Conduct Outside Survey
- Conduct Internal Survey
- Locate the Point of Origin
- Search Evidence at the Point of Origin
C. Fire Arson Investigation Team (BFP Operational Procedures Manual)
- 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 walkx0002through.
- 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.
D. Determining the Cause of the fire
- Identify the parts of the house that became part of fire triangle
- Look for combustible materials
- Identify source of ignition
- Determine how these element havemet to produce fire
E. Common Burn Indicators
- Alligatoring - a rectangular pattern of char formed on burned wood.
- Crazing - formation of irregular crack in glass due to rapid, intense heat, possibly caused by fire accelerant.
- Spalling - breaking off of surface pieces of concrete or brick due to intense heat. Brown stains around the spall indicate use of an accelerant.
Meaning of Color of Smoke and Flame
- Black Smoke with Deep Red Flame - Petroleum, tar, rubber, plastics, etc.
- Heavy Brown Smoke with Bright Red flames - nitrogen products
- White Smoke with Bright White Flames - magnesium
- Purple, Violet or Lavender Flames - potassium
- Changes of Smoke to Yellow or Grayish - usual backdraft condition (backdraft- suddenintroduction of oxygen in an enclosed space resulting to explosion.)
1. Back draft
- it is the sudden rapid (violent) burning of heated gases in a condition area that occurs in the form of explosion
- Characteristics of Back draft
- Fire gases are under pressure
- Existence of black smoke that is becoming dense gray yellow
- Confinement of excessive heat
- There is little flame or no visible flame
- Smoke leave the building in puffs or by intervals
- Windows are smoke strained
- Muffled sounds are heard inside the building
- Violent rushing of air inside when opening is made
- Characteristics of Back draft
2. Flash over
- it is the sudden ignition accumulated radical gases produced when there is incomplete combustion of fuels
- It is the sudden burning of accumulated free radical, which is initiated by a spark or a flash produced when temperature rises until flashpoint is reached
3. Bite back
a fatal condition that takes place when the fire resists extinguishments operation and becomes stronger and bigger instead
4. Flash fire – it is better known as dust explosion. This may happen when a metal post that is completely covered with dust is going to be hit by a lightning.
Laws on Arson
- Article 320 – 326 of the Revised Penal Code - defines arson, its forms and penalties
- PD 1613 – the law amending the law on arson - defining the prima facie evidence of arson
- RA 7659 - An Act to Impose Death Penalty on Certain Heinous Crimes (included the crime of Arson as a Heinous Crime).
- RA 6975 Sec. 54 - provides that the Fire Bureau shall have the power to investigate all causes of fires and if necessary file the proper complaint with the City/Provincial Prosecutor who has jurisdiction over the case
Why arson is hard to investigate?
- Arson is one of the most difficult offenses to investigate because the arsonist can be able to set a fire and escape undetected. The fire can consume the scene and destroy much physical evidence of the offense. Harder forms of evidence are often buried in debris and grossly altered in appearance.
What constitute Burning?
- To burn means to consume by fire and in the case of arson, if the wood is blackened but no fibers are wasted, there is no burning, yet the wood need not be in flame or blaze, and the burning of any part, however small is sufficient to constitute arson, and if the house is charred in a single place so as to destroy the fibers of the wood, it is sufficient to constitute arson.
What constitute Arson?
- Burning
- Willfulness - means intentional and implies that the act was done purposely and intentionally
- Malice - denotes hatred or ill will or a desire for revenge; deliberate intention of doing unjustified harm for the satisfaction of doing it.
- Motive - the moving cause which induces the commission of a crime; something that leads or influences a person to do something
- Intent - the purpose or design with which the act is done and involves the will; an essential element of crime, motive is not.
Basis of Liability in Arson:
- Kind and character of the building burned
- Location of the building
- Extent or value of the damage
- Whether or not the offender knows that the building was occupied or not
Stages of Arson
- Attempted Arson
- Frustrated Arson; and
- Consummated Arson;
Attempted Arson
- A person intending to burn a wooden structure, collects some rags, soaks them in gasoline and places them beside the wooden wall of the building. When he is about to light a match to set fire to the rags, he is discovered by another who trailed him away. The crime committed is attempted arson, because the offender begins the commission of the crime directly by overt acts (placing the rags soaked in gasoline beside the wooden wall of the building and lighting a match) but he does not perform all the acts of execution (the setting of the fire to the rags) due to the timely intervention of another who chases away) the offender.
Frustrated Arson
- The fact of having set fire to some rags and soaked in kerosene oil and placed near the partition of the entire soil of an inhabited house, should not be qualified as a consummated arson, in as much as no part of the house had begun to burn, although fire would have started in the said partition had it not been extinguished on time. The crime committed was frustrated arson. Performs all the acts of execution, but did not produce the felony.
Consummated Arson
- If before the fire was put out, part of the building was burned. Setting fire to the contents of a building constitutes the consummated crime of setting fire to a building even if no part of the building was burned.
Special Aggravating Circumstances of Arson (Section 4, P.D. No. 1613)
- If committed with the 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 or carried out by a group of 3 or more persons)
Prima Facie Evidence of Arson:
- If the fire is simultaneously started in more than one part of the building or establishment;
- If substantial amount of flammable substances or materials are stored within