MODULE 12

What are the methods of Fire Prevention?

Individuals, groups, and communities use three main methods to prevent fires:
1. Laws and
materials andRegulations - Many
electric wiring to becountries have codes and standards that require certain types of fire retardant
used in buildings.
2.
forInspection of and
fire hazards buildings and other
recommend property
corrective - FireIn
action. brigades and other public
some communities, agencies inspect
homeowners public
may agree buildings
to have their
homes inspected for fire hazards.
3. Publicpeople
because education
causeabout fire safety andall
to prevent--almost prevention
fires. Fire- brigades,
Education is a vital part of fire prevention programmes
community groups, and schools teach children and adults about fire hazards and work to
reduce fires throughout the community.
FIRE INVESTIGATION
In
andthe Philippines,ofthe
suppression all Bureau of fire
destructive Protection
fires is the main
on buildings, houses government
and other agency responsible
structures, for the
forest, land prevention
transportation
vehicles and equipments, ships or vessels docked at piers or major seaports, petroleum industry installation,
plane crashes and other similar incidents, as well as the enforcement of the Fire Code and other related laws. It
has the major power to investigate all causes of fires and necessary, file the proper complaints with the proper
authority that has jurisdiction over the case (R.A.
no. 6975, sec. 54).
Why Fires should be investigated?
The very
similar reason whyThe
occurrences. firesdetermination
should be investigated
of the originis to
anddetermine
cause ofthe
firecause of theatfire
is arrived in after
only order atothorough
prevent
investigation. Since basic investigation is prelude to the discovery of the true cause of the fire, an
understanding of the chemistry of fire and its attendant behavior should be a concern for successful
investigation.
Who are qualified to investigate fires?
A fire investigator should have the following traits:
1. Possession of knowledge of investigational techniques.
2. He should have an insight of human behavior.
3. He should have a first hand knowledge of the chemistry of fire and its behavior
4. He should be resourceful.
Is Fire Investigation Complex and Unique?
Fire investigation is complex and unique because of the following reasons:
1. Fire destroys evidence
2. If it is Arson, it is planned, motivated and committed is discreet.
3. Rarely can there be an eyewitness in Arson.
What are the roles of the Firemen in Fire Investigation?
Firemen
[Link] They
usuallyareatthe
theso-called
crime scene“Eyesahead
and of the of
Ears” firetheinvestigators.
police before,Hence,
duringthey
andare valuable
after the firesources of
has been
placed under control. The information taken from them may be categorize as:
1. Information attainable or developed prior to the arrival at the scene
2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.
Legal Aspect of Fire Investigation
ARSON defined
Arson is the intentional or malicious destruction of property by fire.
It is the concern
otherwise, no crimeofexist.
fire The
investigation
law presumesto prove
that amalicious intent ofhence
fire is accidental, the offender.
criminal Intent
designsmustmustbe be proved,
shown.
Fire cause by accident or criminal design must be shown. Fire cause by accident ornegligence does not
constitute arson.
What is Destructive Arson?
Under
imposed Article
upon 320
any of the Revised
person Penal
who shall burn:Code, as amended, the penalty of Reclusion Perpetua to Death shall be
1 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.
2.. 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,
transient dwellings, or merely incidental
public conveyance to terminals,
or stops or a definite regardless
purpose such as but not
of whether thelimited to had
offender hotels, motels,
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.
5. Anyuse,
public trainentertainment
or locomotive, ship or vessel, airship or airplane devoted to transportation or conveyance, or for
or leisure.
6. Any building, factory, warehouse installation and any appurtenances thereto, which
are devoted to the service to public utilities.
7. Any building
violation of law, the
or burning of whichofisconcealing
for the purpose for the purpose of concealing
bankruptcy or destroying
or defrauding creditorsevidence of another
or to collect from
insurance. Irrespective of the application of the above enumerated qualifying circumstances, the penalty of
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.

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

1. Any arsenal,
archives shipyard,
or general museumstorehouse or military power or firework factory,Ordinance, storehouse,
of the government.
2. In an inhabited place, any storehouse or factory of inflammable or explosives Materials.

If the consequence
Mandatory penalty ofofdeath
the shall
commission of any
be imposed (sec.of10,the
RAacts penalized under this Article, death results, the
7659).
MODULE 13
What is the basis of criminal liability in arson?
1. Kind and character of the building burned
2. Location of the building
3. Extent or value of the damage
4. Whether inhabited or not.
What are other forms of arson?
Other forms of arson refer to those enumerated under Article 321 of the Revised Penal Code, as Amended like
the following:
1. Setting
occupiedfires to time
at the any building,
by one or farmhouse, warehouse, hut, shelter, or vessel in Port, knowing it to be
more person.
2. Building burned is a public building and value of damage exceeds six Thousands pesos (P6000.00).
3. Building burned is a public building and purpose is to destroy evidence kept
Therein
damage. to be used in instituting prosecution for punishment of violators of law, irrespective Of the amount of
4. Building burned is a public building and purpose is to destroy evidence kept
Therein
evidenceto be be
is to used
usedinagainst
legislative, judicial
defendant or administrative
of any proceeding,
crime punishable irrespective
under Existing law. of the Damage, if the
Suggested Readings:
1. U.S vs. Evangelista, 39 Phil. 825
2. People vs. Tamba, 10 SCRA 296
3. People vs. Paterno, 47 O.G 4600
4. People vs. Villarosa, 54 O.G 3482
5. People vs. Macalma, 44 Phil. 170
Arson of Property of Small Value (Art. 323, RPC)
Burning
excludingofallany uninhabited
danger of the firehut, storehouse,
spreading, valuebarn, shed,
of the or any
property notother property,
exceed underCircumstances clearly
25.00Pesos.
Suggested Readings:
1. People vs. Alvarez, 52 Phil. 65
2. People vs. Herrera, (C.A) GR no. 5782-R, May 15, 1951
3. People vs. Camporedondo
Crimes Involving Destruction (Art 324, RPC)
The offender causes destruction by any of the following means:
1. Explosion
2. Discharge of electric current
3. Inundation, sinking or stranding of a vessel
4. Taking up the rails from a railway track
5. Malicious changing of railway signals for the safety of moving trains
6. Destroying telegraph wires and telegraph post or those any other communication system
7. By using any other agency or means of destruction as effective as the above
Burning one’s own property as a means to commit arson (Read Case of U.S vs. Budiao, 4 Phil. 502) (Article
325, RPC)
Article
purpose326, RPC
of the – Setting
offender is to:Fire to Property Exclusively Owned By the Offender This act is punished if the
1. Defraud or cause damage to another or
2. Damaged is actually caused upon another’s property even if such purpose is absent or
3. Thing burned is a building in an inhabited place.
Presidential Decree No. 1613 – Amending the Law on Arson
Special Aggravating Circumstance in Arson
1. If committed with intent to gain:
2. If committed with the benefit of another:
3. If the offender is motivated by spite or hatred towards the owner or occupant of the propertyBurned:
4. If committed by a syndicate (3 or more persons).
Prima Facie Evidence of Arson
1. If the fire started simultaneously in more than one part of the building or establishment
2. If substantial
necessary in theamounts
businessofof flammable
the offendersubstance or hold
or for house materials
use. are stored within the building Not
3. If gasoline, kerosene, petroleum, or other flammable or combustible
therewith or containers thereof, or any mechanical, electrical, chemical, substances or materials
or electronic Soaked
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.
4. If the building
issuance or property is insured for substantially more than its actual value at the time Of the
of the policy.
5. If during the lifetime of theowned
the same or other premises corresponding
or under fire insurance
the control policy
of the more and
offender than/ two fires have Occurred in
or Insured.
6. If shortlyhad
property before
been the fire, a substantial
withdrawn portionexcept
from the premises of theineffects insuredcourse
the ordinary and stored in a building Or
of Business.
7. If a demand for money or other valuable consideration was made before
desistance of the offender or the safety of the person or property of the victim. the fire in exchange For the
What Constitutes Arson?
1. Burning
changing,– i.e.
to constitute
the fibber burning, pyrolysis
of the wood must bemust takes place.
destroyed, In other
its identity words, there must be Burning or
changed.
2. Wilfulness – means intentional, and implies that the act was done purposely and Intentionally.
3. Malice – it denotes hatred or a desire for revenge.
4. Motive – is the moving cause that induces the commission of the crime.
5. Intent – is the purpose or design with which the act is done and involves the will.
Methods of Proof in Arson
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:
1. Burning
Responding– that
to thethere
crime,was fireeyewitnesses.
other that may be shown
Burned byofdirect
parts testimony
the building may of alsocomplaint, firemen
indicate Location.
2. Criminal Design – must show that it was wilfully and intentionally done. The presence
devices, flammables such as gasoline and kerosene may indicate that the fire is Not accidental. of Incendiary
3. Evidence
between theof accused
Intent – and
When the valuables
occupantswereof theremoved
buildingfrom the absence
burned, building ofbefore
effortthe fire,off
to put ill fire
feeling
and
such other indications.
What are basic lines of inquiry in Arson Investigation?
The
primearson investigator
suspects must have
d) the telltale signstoofinquire
arson. on the following a) point of origin of fire b) motives of arsonist c)