Subject: ARSON

Scope of Presentation:
A.
B.

Introduction
Presentation of Content
I. Arson Definitions
II. Terms Related to Arson
III. Motives of Arson
IV. Locating the Origin of the fire
V. Physical Evidence
VI. The Technical Aspects of Arson
VII. The Legal Aspects of Arson Cases

Prepared by:
NICANDRO PEERO CANALEJA, MM, MBA, DIAP
Police Senior Superintendent (DSC) (B.S. CH.E)
Forensic Chemical Officer

ARSON
A. Introduction
Arson investigation require a close working relationship
with fire personnel in practically every instance. The
investigator must acknowledge the existence of this joint
effort and be able to function in a manner that indicates a
spirit of cooperation and professionalism.
Additionally, these crime require a limited knowledge of the
mechanics of each in order for the investigator to be
successful in his/her endeavors. Arson as a crime involve
complex chemical reactions that can be influenced by the
actions of the suspect(s) before and during the event.
Numerous types of trace evidence can be located at the
crime scene. However, the investigator must be first
familiar with the mechanics of each event and the potential
evidence that can exist.

B. Presentation of Content
I.Arson - Definitions
Arson is defined as the willful and malicious burning of property for the
purpose of collecting insurance money, covering up a crime, destroying
physical property or documents, or as a threat or act of vengeance or
hatred.
- Comes from the Greek word ARSIO meaning to burn.
- is the willful and malicious burning of building house or house of
another man.
- The crime of maliciously and intentionally, or reckless, starting a fire
or causing an explosion.
II. Terms Related to Arson:
A. Combustion is a rapid oxidation accompanied by heat and light.
B. Flames are incandescent gases produced by the reaction of
oxygen with combustible materials. It may be luminous or nonluminous.
C. Boiling Point temperature at which the vapor pressure of the
liquid is equal to the atmospheric pressure.
D. Fire Point the lowest temperature of a liquid in an open container
at which vapors evolved fast enough to support continuous
combustion.

E.

Flash Point - the lowest temperature of a liquid at which enough

volatilization will take place to produce an ignitable vapor near its

surface.
F. Kindling Temperature the highest temperature at which
oxidation reaction is rapid enough to maintain combustion
without addition of heat from outside.
G. Explosion - a rapid combustion, decomposition of gases and
violent increases of pressure usually causing a loud sound
H. Fire
In order for fire to occur, there must be two basic elements: a source
of heat and material that can be ignited. Fire is the rapid oxidation of
substances accompanied by heat and light. Fire can only occur when
three essential elements are present: fuel, oxygen, and a temperature
sufficiently high to maintain the process of the combustion.
Withdrawal of any of the three elements will extinguish the fire.
I. Accelerants

An accelerant is anything that can be used to perpetuate the

spread of a fire faster than the normal full load would allow. It
can be ignitable liquid, paper, cloth, or anything that can burn
and be used to spread the growth of a fire or alter its natural
direction of propagation. Anything that would naturally be in
the area can be used as an accelerant. Just the repositioning
of newspaper or drapery material can be considered an
accelerant. The on-scene investigator needs to make that
determination.
Accelerants - Types, Classifications, and Techniques
A. Ignitable Liquids
Laboratory analysis of fire debris is generally limited
to the detection of ignitable liquids. These liquids, as
a rule, do not have legitimate reasons for being at the
origin of a fire. Therefore, their presence would
indicate that a fire was set intentionally.

Flammable liquids with a flash point of <100 deg C (e.g.,

gasoline, pocket lighter fluids, some naphtha paint thinners)
2. Combustible liquids with a flash point of >100 deg C (e.g.,
kerosene, diesel fuel, some paint thinners, charcoal lighters)
Both will burn; however, flammable liquids are easier to ignite and
are more subject to vapor explosions.
B. Ignitable Liquid Classifications
Because of the way petroleum products and other ignitable liquids
are manufactured and marketed, it is impossible to positively identify
a liquid according to specific brand or manufacturer. With the
exception of gasoline, all other ignitable liquids are placed into the
following general categories:
1.

1. Light petroleum distillates (LPD), which include pocket lighter

fluids, camping fuels, some paint thinning naphthas

2.

Gasolinea category by itself because of the

manufacturing specifications and methods used to produce
it
3. Medium petroleum distillates (MPD), which include paint
thinners, lamp oils, charcoal lighters, and some insecticide
carriers
4. Heavy petroleum distillates (HPD), which include kerosene
heating oil and diesel fuel
5. Miscellaneous or unclassified ignitable liquids, which
include single component solvents and non-petroleumbased ignitable liquids
C. Analytical Techniques for Liquid Ignitables
With the use of a gas chromatograph, the analyst can
tell the difference between the different classes of
petroleum products.

A gas chromatograph is essentially an oven with a tube

inside that has a gas flowing through it all the time. A gas
chromatograph separates mixtures of compounds in a
manner similar to rocks rolling down a river. The smaller
compounds travel through the tube faster than the larger
compound, just as sand grains will travel down the river
faster than rocks and boulders.
Ignitable liquids are complex mixtures of numerous
compounds that are prepared to meet specific standards.
The gas chromatograph separates these mixtures into their
component parts. The resulting patterns can then be
compared.
III. Motives for Arson
The following are motives that are frequently associated with
the crime of arson:

A. Concealment of Other Crimes

A criminal may attempt to conceal or destroy evidence of
another crime such as murder, burglary, or embezzlement by
setting a fire that is designed to appear accidental. The
purpose of committing arson in these cases is to destroy
records, evidence of the crime that could identify the suspect,
and/or make the identification of the victim of a murder
impossible.
B. Insurance Fraud
In many insurance fraud cases, the suspect may have suffered
severe business losses, or has fallen heavily in debt. The
suspect will then set a fire with the intent of filing a false
insurance claim to regain his monetary losses.
C. Revenge
Fires generally inflict both physical and financial injury. An
individual who desires to revenge a wrong, either real or imagined,
may seek arson as a means to inflict revenge in the form of injury
or hardship on the victim

D. Sabotage
Arson is a highly effective form of sabotage. A
disgruntled employee may purposely set a fire in an
attempt to harm the business of his/her employer.
E. Pyromania
The pyromaniac sets fires in an attempt to satisfy a
sexual or other impulse. The pyromaniac usually does
not seek any form of insurance claim if it is their own
property, or seek material gain from setting the fires.
Frequently, the pyromaniac will state simply that it was
done for thrill or excitement.
Whenever a series of fires of unknown origin occur
under similar circumstances in a given area, particularly
in abandoned buildings or originate in isolated areas of
buildings, these fires may have been set by a
pyromaniac.

Pyromaniacs will typically want to view the fire and can

sometimes be observed acting very suspicious while they
have no apparent reason for being in the area of the fire.
These individuals will frequently have evidence of the
crime on their person such as traces of flammable liquid,
lighting materials, and sometimes tools they used to gain
entry to a building.
F. Suicide/Homicide Plot
Sometimes an individual will use fire as a means to commit
suicide or fulfill a suicide/homicide plot
IV. Locating the Origin of the Fire
A. Basic Indicators
The investigator must be able to understand some of the
basics of fire in order to fully appreciate the existence of
certain indicators that can be used to prove the crime of
arson.

1. Examine the Remains for Physical Evidence

Once the fire is out, the primary task is to begin
examining what remains of the building for physical
The
evidence
point to
of indicate
origin can
how
be the
a clue
fireof
started.
possible arson. For
example, if two or more distinct points of origin are
found,
two or more separate fires were deliberately set.
Likewise, if the fire started in the middle of a large room
or in a closet without any evidence of an electrical
device,
outlet, or other common source of possible ignition,
arson should be suspected. A point of origin in the
middle of a bare concrete floor probably eliminates
defective heating appliances or wiring.

2. Reconstruct the Scene

Points of origin can sometimes be established by
reconstructing furniture and walls. Witnesses and
occupants can also help pinpoint the origin through their
observations as the fire was discovered. The direction of
heat flow can be followed by checks for the deepest
charring,
indications of highest temperature, and duration of heat.
Temperatures can be estimated by the condition of metal,
glass, wood, plastics, and other materials. Because heat
rises, the lowest point of deep char should be considered as
the point of origin, however this rule has many exceptions.
3. Determine the Direction of Flame Propagation
The direction of flame propagation is influenced by the
direction of drafts and winds. The patterns of the burned
area will usually indicate the direction. Generally, the origin
of the fire will be on the windward side of the burned area
since the flame will travel in the direction of the wind or draft.

4. Examine Surface Patterns

The surface of charred wood bears a pattern of crevices
similar in appearance to the pattern of skin on an alligator.
The probable point of origin is normally where both the
small checks in the alligator pattern and deep charring are
found.
B. Accidental Fires
The possibility of a fire resulting from an accidental cause
rather than arson should never be overlooked. Accidental
fires may be produced by a variety of causes, including faulty
electric wiring, overheated electrical appliances, spontaneous
combustion of oily or chemically saturated materials such as
rags, unattended candles, or careless smoking. The
investigator will need to seek physical evidence to support
the
origin of these fires with the assistance of fire department
personnel.

V. Physical Evidence
The investigator will be expected to assist in the collection of
physical evidence to prove the crime of arson. The following
are some of the typical types of physical evidence found at the
scene of an arson:
A. Flammable Liquids
Usually, the most common indication of arson is
the presence of flammable liquids. Even in cases
where fire damage is particularly intensive and
areas where the scene was completely watered
down, there is still a strong probability of
detecting flammable liquids. The search for
flammable liquids should be concentrated at the
point of the origin of the fire. If charred rags or
carpet are noted, they should be collected and
sent to the laboratory. Furniture, carpeting,
carpet padding, and wood flooring into which
flammable liquids may have been absorbed,
should also be collected.

Flammable liquids are highly volatile and evaporate easily.

Therefore, appropriate packaging must be used to preserve
these items for analysis. The use of paper or plastic bags or
containers will not preserve them. Many of these fluids will
react with the plastic and disintegrate the container. Clean
metal cans similar to paint cans should be used and tightly
sealed with metal lids. Another method is to use glass jars with
metal screw cap lids. Metal and glass containers will contain
the liquids and their vapors for analysis at the crime lab. The
quantity needed is usually very small due to the sensitive
instruments used. Laboratory analysis will allow differentiation
between the many types of accelerants.
B. Empty Gasoline Containers or Broken Jars
Any empty gasoline containers or broken glass or jars found at
the scene should be collected as well.

C. Signs of Forced Entry

A careful search of all doors and windows should be made
to
determine if the building had been forcibly entered. If
toolmarks are observed, the area should be cut out or an
impression made and sent to the laboratory.
D. Trace Materials from the Scene
The investigator should collect samples of building materials
such as glass, paint, and cement which may have been
deposited on the suspects clothing. These samples should
be collected for purposes of control or known samples.
E. Soil
If the fire was started outdoors, soil from the area from
where
the fire was believed to be started should be collected and
tested for the presence of flammable liquids.

F. Trace Materials Left by the Suspect

Any materials left at the scene by the arsonist should be
collected and preserved. Traces such as items of clothing,
hair, blood, tools, etc., can all prove to be important in
establishing the identity of a suspect.
G. Trace Materials on the Suspect
If the suspect is located, a careful search of the suspects
person should be made to determine whether anything can be
tied to the crime or crime scene. The suspects clothing,
along with such objects as matches, matchbooks, and
incendiary devices should be collected.

H. Trace Materials in the Suspects Vehicle

If recovered, the suspects vehicle should be searched for
evidence that can be tied to the crime or crime scene. Any
accelerants such as gasoline or kerosene should be
collected and submitted for comparison with flammable
liquids detected at the scene of the arson. Objects such as
tools, matches, matchbooks, etc., should be collected. If
such items were found at the crime scene, it is possible to
perform a comparison of the matches and matchbook to
determine if they were connected to one another at some
point.

VI -THE TECHNICAL ASPECTS OF ARSON CASES

A. Terms related to Technical Aspects of Arson:
Burning, or
combustion, is the rapid oxidation of substances accompanied
by the generation of heat and light. Burning occurs only when
three (3) essential ingredients are present: FUEL, OXYGEN and
HEAT. Obviously, to create a fire there must be present
combustible materials. It may be a solid, liquid or gas. Strictly
speaking, only gases burn. The solids and liquids must be
heated to liberate flammable gases. The gases in turn must be
raised to the proper temperature before ignition occurs.
Hence, there must be present the material to burn and a source
of heat to raise the temperature of the fuel to the kindling point.
Finally there must be a supply of oxygen since burning of
oxidation. Oxygen may be supplied from the air or from
oxidizing agents. And without fuel the elimination or exclusion
of oxygen; or when the heat is sufficiently low enough is not
capable to maintain the process of combustion; burning will be
extinguished.

FUEL

HEAT

OXYGEN

TRIANGLE OF FIRE/ELEMENTS OF FIRE/ENGREDIENTS OF FIRE

Fuel Is the most important part of fire triangle, because it is the

fuel that burns. Most ordinary combustible are compound of

carbon and hydrogen and often contain mineral matter and
oxygen. When they burn completely and freely in air, the carbon
react with oxygen to form carbon dioxide; the hydrogen combines
with the oxygen to form water vapor, and the mineral matter
remains behind as ash.
Combustion usually occurs when fuels are in a finely divided
vaporous state. A liquid fuel is vaporized and a solid fuel is
decomposed by heat before a reaction takes place upon exposure
to oxygen. A direct combination of a solid fuel with oxygen is
however possible. Glowing charcoal burn without visible flame;
solid carbon reacts directly with the oxygen of the air.

Oxygen colorless, tasteless and odorless gas present

everywhere vital to human life. The atmosphere, which contains

approximately 21% oxygen, 79% nitrogen, and traces of other
gases furnishes oxygen for most combustion. Some materials

contain enough oxygen is readily available form to burn despite

the lack of atmospheric oxygen; gunpowder, cellulose nitrate
and pyroxylin, are in this category. Some materials, including
nitrates, chlorates and peroxides, liberate oxygen when heated,
but are in themselves flammable. When mixed with combustible
materials and ignited, they promote vigorous burning.

Heat -

is any device to start a fire, it is a form of energy that

causes a body to rise in temperature, fuse, evaporate or undergo
any of certain other related phenomena as a result of inter-action
with another body of higher temperature. The heat of the sun
rays for instance can dry materials until it reaches a tendery
consistency. In addition, if the rays can be focused to a point,
the temperature can reach ignition temperature.

Propagation of Burning
After a burning has started in one part of building, the heat
that is produced may be transferred to other parts of the
building, and possibly to other buildings. The transferred heat,

not only facilitates the spread of the fire, but also start other
fires that are not directly connected with the first building.
Heat is transferred in three ways; by conduction, convection
and radiation.
1. Conduction is the transmission of heat through a medium.
Heat that is conducted is transferred from molecule to
molecule.
- the passage of heat energy from particle to
particle in a substance. Method wherein heat travels through
solids or between solids in contact with each other.
For example, heat applied to one end of an iron rod spread
throughout the entire iron rod. In a similar manner, walls and
floors may conduct heat from a burning portion of a building to
other portion and help spread the fire.
2. Convection heat move from one molecule to another
creating a thermal column of fire called convection current
which circulars and rise.

- is the diffusion of heat through a fluid (gas of liquid) by

means of the flow of the hotter parts of the fluid to the colder
parts. For example a fire in a corner of a room will heat the air
directly around it. The heated air being lighter than the cooler air,
will rise to the ceiling; the displaced cooler air will take the place
of the heated air. As this process continues, the heat from the fire
will be facilitated.

Radiation process in which energy in the form of rays of

light or heat is send out from atoms and molecules as they
undergo internal change.
- is the process by which heat is transferred in straight
lines from a source to a receiving material without heating the
intervening medium. For example, the earth received its heat
from the sun by means of radiation from a building to neighboring
building, which may be set a fire or search by the intensity of the
transferred heat.

CAUSES OF FIRE:
1. Intentional - is the willful and malicious cause of fire.
2. Accidental - One method of proving arson is to eliminate
systematically the possibility of accident. An accidental fire
may arise from the working of certain forces such as:
a. natural causes of fire
Example:
1. Sun rays - focused by bubbles in window panes,
shaving mirrors or by some peculiarly shaped glass article
which may serve as convex lens.
2. Lightning - usually strikes a high point of the
building and may be traced in its path to the ground. Traces of
lightning are melting of metals parts of the building, streaked
paint with burned areas, cracks in the walls, broken bricks and
soots driven into rooms from chimney.
b. Fire caused by negligence

Example:
1. Carelessly discarded cigarettes and matches
2. Careless disposition of readily combustible materials
such as oily waste.
3. Poorly managed or defective heating system including
overheated and over turned stoves; clothes dried too close to a
fireplace; line from fabrics coming in contact with chimneys.
4. Spontaneous combustion arising from the storage of
articles such as oily or chemically saturated materials such as
cloth paper or cotton waste deposited in poorly ventilated
places.
5. Electrical mishaps Specifically, the cause is either an
electric or sparking or excessive heat produced in short circuits
or the use of a small diameter wire for a great load. Overheating
may also be caused by faulty wiring improper voltage, low line
capacity, neglected electric motors, appliances, soldering,
curling and flat irons.

In the determination of the seat of fire, the fundamental

properties of flame had to be considered:
1. Fire always rises. The hot air arising from the flame
being lighter that the surrounding air, rises vertically upward
taking with it the fire.
2. The upward spread of the faster that in any other
directions. If there is a strong horizontal or even downward
spread of fire or charring, a search should be made of the
cause.
3. The flame are also blown by an air draft so that the
spread of the flame is upwards. And in the direction of the air
draft.
4. The line of burning can be followed by the depth to
which the combustible material have been burnt. Normally, the
burning becomes deeper at the seat of fire, except in those
cases where secondary burning ensured on the material.

Multiple source of fire The search from the seat of fire may
reveal the presence of more than one source of fire. Ordinarily,
this is prima facie evidence of arson. The chances of a fire
occuring at any time in the premises is demonstrably small such
that the chance of two separate and independent fire are:
1. Splitting of the source of fire into two or more parts such
as what would happen if the center part of a clothesline caught
fire, split into parts and ignite two distinct and separate places.
2. Flash over from one scene to another spot of a move
inflammable nature than the intervening areas.
3. By heat ignition due to the vagaries of draft or
conduction.
In arson cases, a plant which is a device designed to
ignite combustible materials at a later time from its introduction,
is most often utilized. This will allow the perpetrator or arsonist
to have an opportunity to escape from the premises or leave the
neighborhood. With a sufficient time delay, the arsonist may
establish an alibi by being present at another place at the time of
burning. Exceptionally clever arsonist employ remote control
devices to accomplish ignition thus obviating the necessity

of being at the premises to start the fire. The following methods

are used in conjunction with accelerants:
1. Heating appliances - Gas and electrical appliances can
be employed to supply the heat necessary to ignite a
combustible material. The heated such as flat irons, toasters,
soldering iron, hot plates and neon lamps of high voltage are
placed in contact or proximity with an accelerant, turned on,
and abandoned. Sparkers such as electric switches door bells,
short circuits and telephone boxes may produce the necessary
spark that will set off vapor of volatile fluids such as gasoline
present in high concentration. A plant of this nature permits the
criminal to be another place and some other person innocently
initiate the explosive action.
2. Mechanical Devices which are usually time delay
arrangement such as clock or timer devices that can be
arranged so that the alarm movement starts the action.
3. Altered equipment such as broken pines on oil burners
or sprinkler systems in which combustible fluids have been
placed.

4. magnifying lens focused on combustible materials.

5. Animals tied to ignition devices.
6. Trailers made out of wick, rope or cloth and saturated
with inflammable liquids to provide a path for the fire.
7. Lighted cigarettes, candles placed near or on an open
box of matches.
8. Bombs, pill box, explosives such as TNT, nitroglycerin
mercury fulminate, gunpowder and gun cotton, thermit bomb
consisting of powdered aluminum and titanium oxide.
9. Molotov Cocktail consisting of a pop bottle filled with
gas a streamer of cloth used by rioters.
10. Impregnation of cards with phosphorous that ignites
upon drying.

Three types of samples found in connection with offences of arson

1. Samples connecting accused with scene of the fire: Such
sample are usually contact samples involving the clothing of
the accused. They are normally solid or semi-solid substances
present at the scene and could have adhere on the clothing of
the criminal.
2. Samples of solid debris:
These include such materials as matches, combustible
materials such as firework composition, safety fuse or other
materials suitable for use as igniting compound.
3. Inflammable Fluids:
Volatile fluids may survive fire because they are absorbed by
non-conducting solids. Such fluids are readily vaporized and
lost by the action of current or air.

Additional Information to be Obtained Through Observation of

the Color of Smokes/Fumes; and Odor evolved1. White smoke with yellow flame indicates burning of
humid materials.
Example: burning hay, vegetable matter.
2. Black Smoke accompanied by large flame - indicates
use of petroleum products or rubber and plastics
3. Reddish brown smoke presence of nitrocellulose
sulfur, sulfuric acid, nitric acid, hydrochloric acid.
4. Red flame presence of petroleum.
5. Blue flame presence of alcohol, aldehyde or ketone.
6. Biting smoke - irritating to nose and caused coughing
indicate presence of chlorine.
7. Garlic odor smoke presence of phosporous.
8. Heavy brown smoke with bright red flame Nitrogen
products.

9. White smoke with bright white flame Magnesium

10. Black smoke with red and blue flame Asphalt
11. Purple or lavender flame Potassium
12. Greenish yellow flame - Chlorine or manganese
13. Bright reddish yellow flame - Calcium

Specimen to be collected in a Fire Scene

1. Ashes and debris on the suspected fire origin.
2. Mechanical and electrical device which may be used to
start a fire
3. Bottles and cans with liquid containing possible
inflammable substance and solvents.

Collection and preservation of evidence in a Fire

Scene
1. Take a photograph of the original condition of
the crime scene.

2. Collect the specimen in a safe and proper container.

3. Label the specimen collected properly indicating the
place where the specimens are taken.
4. Put the date, time and the name of person collecting the
specimen
5. If the specimen is liquid, put I inside the refrigerator to
prevent volatilization (container should be covered).
6. Transport the specimen to the laboratory with the letter
request for examination.

Classes of Fire
Class A Fire ordinary penetrating fire from carboceous
material such as wood, textile, paper, etc.
Class B Fire surface fires from flammable liquid such as
gasoline, alcohol, or other highly combustible chemicals.
Class C fire fires caused by electric short circuits, exposed
live wires, overheated electric appliances, etc.

Class D Fire metal fires from foundry shops, gunpowder,

dynamite, TNT, lava from volcano, etc.
Class E Fire combustion of any of the above classes of fire.

Kinds of Fire Setting Mechanism.

1. Mechanical Method
a. Matches
b. Candle
c. Alarm Clock
d. Electrical system
2. Chemical Method
a. Phosphorus
b. Metallic Sodium
c. Potassium Chlorate sugar and sulfuric Acid

B.

Methods of Examinations:
1. Preliminary Test ashes or debris suspected to
contain inflammable substance is placed on a wide
mouth test tube/glass with fitted rubber stopper and
heated, fumes evolved is tested with SUDAN or
RHODOKRIT powder.
2. Steam Distillation
3. Instrumental Analysis
4. Reporting of final Results

VII. The Legal Aspects of Arson Cases

A. Terms related to Legal Aspects of Arson Cases:
Power To Investigate Arson
Cases. Sec 54, RA 6975 The fire bureau (BFP) shall have the
power to investigate all cases of fires and, necessary, file the
appropriate complaint with the City/Provincial prosecutor who
has jurisdiction over arson cases.
P.D. 1613 The Law On Arson Amending Arts 320 to 326-B,
RPC
Who commits Arson?
1. Anyone who burns or sets fire to the property of another
2. Anyone who sets fire to his own property under
circumstances which expose to danger the life or property of
another (Sec 1. PD 1613)

Destructive Arson (Sec 2. PD 1613) when properly burned is

any
1. Ammunition factory and other establishment where
explosives, inflammable or combustible materials are stored.
2. Building, whether used as a dwelling or not, situated in a
populated or congested area.
3. Church or place of worship or other building where people
usually assemble
4. Train, airplane or any aircraft, vessel or watercraft, or
conveyance for transportation of persons or property.
5. Building where evidence is kept for use in any legislative,
judicial, administrative or other official proceedings.
6. Hospital, hotel, dormitory, lodging house, housing tenement,
shopping center, public or private market, theater or movie
house or any similar place or building.

Other Cases of Arson (Sec 3. PD 1613) when properly burned

is any
1. Building used as offices of the government or any of its
agencies
2. Inhabited house or dwelling
3. Industrial establishment, shipyard, oil well or mine shaft,
platform or tunnel.
4. Plantation, farm, pastureland, growing crop, grain field,
orchard, bamboo grove or forest.
5. Rice mill, sugar mill, cane mill or mill central.
6. Railway or bus station, airport, wharf or warehouse.
special Aggravating Cases of Arson (Sec 4. PD 1613) if
1. Committed with intent to gain
2. Committed for the benefit of another
3. Motivated by spite or hatred towards the owner or occupant
of the property burned.

4. Committed by a syndicate
Arson committed by a Syndicate (Sec 4. PD 1613) The
offense is committed by a syndicate if it is planned or carried
out by a group of three (3) or more persons.
Prima Facie Evidence of Arson (Sec 6. PD 1613)
1. Fire started simultaneously in more that one part of the
building or establishment.
2. Substantial amount of flammable substances or materials
are stored within the building not necessary in the business of
the offender nor for household use.
3. Gasoline, kerosene, petroleum or other 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 of
the foregoing are found in the ruins or premises of the burned
building or property.

4. Building or property is insured for substantially more than

its actual value at the time of the issuance of the policy.
5. During the lifetime of the corresponding fire insurance
policy, more that two fires occurred in the same or other
premises owned or under control of the offender and/or
insured.
6. Shortly before the fire, a substantial portion of effects
insured/stored in the building/property had been withdrawn
from its premises except in the ordinary course of business.
7. Demand for money/other valuable consideration was made
before the fire in exchange for desistance of the offender or for
safety of the person or property of victim.
Corpus Delicti in Arson
It is a well-settled principle of criminal law that a conviction for
a crime cannot be unless the corpus delicti is established
(State vs Sulivan)

To establish the corpus delicti in arson, the proof of two(2)

elements is required:
1. the burning of the house or other think, and
2. the criminal group or party that caused it (Spears vs
State, people vs Ong Chuat Lay)
Elements of Arson
1. Actual burning took place
2. Actual burning is done with malicious intent.
3. Actual burning is done by person(s) legally and criminally
liable.
Attempted Arson A person, intending to burn a wooden
structure, collects some rags, soaks them with 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 chases him away. The crime is attempted
arson. The offender commences 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 chasses away the offender.
Frustrated Arson If the person is able to light or set fire
to the rags but the fire was put out before any part of the
building was burned, it is frustrated (US vs Valdez).
Consummated Arson But if before the fire was put out, it
had burned a part of the building, it is consummated. Any
charring of the wood, of a building, whereby the fiber of the
wood is destroyed, is sufficient. It is not necessary that the
wood should be in a blaze (AM. Jur 98-89) and the mere fact
that a building is scorched or discolored by heat is not
sufficient to constitute consummated arson. 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 (US v Go
Foo Suy).

INCIDENT. the fact that a burning did occur must be established.

fire Incident Date ; Time; Place address, Location, Official
Designation
Affected Building/Structure/premises Brief and accurate
description; Construction materials(s) used; Age or approximate age;
Dimension or approximate dimension.
Fire Station Station that received the alarm; Time when alarm
was received; Time fire fighters were dispatched; Time fire fighters
arrived at the fire scene.
Fire Fighting apparatus Apparatus used in fire fighting; Time
apparatus was used; Time apparatus was withdrawn; Time apparatus
was officially in operation
Declaration and Designation Time when fir department declared

the fire extinguished; Official designation of the incident by

fire department record.
VALUE. the fact that the dwelling or structure was of a given
value and belonged to a certain person must be established.

Approximate value of property

Insurance coverage on the property

Inventory of stock, fixtures, equipment, and other items of

value within the premises, and the damage as a result of

the fire.
Name of the occupant at the time of the fire
If dwelling was vacant the length of time that the
premises had remained unoccupied.
Name of the owner of the property include all aliases.

FACTUAL EVIDENCE The basic facts necessary to the

commission of the crime must be established.
Person who discovered the fire, and his observations
concerning The building or room that was the first to
burn; The exact origin of the fire.
Time when fire was discovered.
Time who turned the alarm ON
Means by which fire was reported
How fire occurred, if known
Significant information, noise, and sound noticed before,
during, or after the fire
Direction in which fire spread
Person who was in the building at the time of fire.
Person who was in the building last
Area that suffered greatest damage
Physical evidence discovered

If death occurred all important data and facts

revealed by the autopsy
Photographs, casts of tool mark impressions, and
other evidence of forced entry on doors, windows,
hatches, skylights, or other points of entry.
Location and condition of all lights, drops, extensions,
appliances, and fuses.
Condition and location of fire-fighting equipment,
such as fire hoses, fire extinguishers (full or empty),
damage alarm mechanisms, and sprinkler systems
Evidence of careless storing or placing of flammable
materials such as gasoline, paints, oils, chemicals,
lighter fluid, and cleaning fluid.
Condition of wirings including exposed wiring;
recent repairs (inside and outside); splices,
connections, or alterations

Alterations Who made alterations; When alterations

were made; Type of alteration.
Load Load carried by the wires; prescribed load of
the fuses through which the lines were fed.
Testimony as to whether or not heat was ever noticed
in the wires or terminals before the fire.
Machines Number and type in the room or building;
When they were last used; Amount of power they
consumed; When they were last tested and serviced
Electric motors Number and type in the room or
building; How they were safeguarded against dust;
Horse power, voltage, and purpose; Whether open or
sealed type; Length of time they were generally in
operations; Defects, if any.
Glass objects that may have accidentally caused the
fire by concentrating the rays of the sun.

Condition of gas pipes, bottled gas pipes, steam pipes,

air pipes, water pipes
Stoves Number, type, and location; Whether firs
where in the stoves; Kinds of fuel that were used;
Location of fuel source of stoves; Whether stoves
were well insulated; When ashes were last removed;
Where removed ashes were placed; When last cleaned
or serviced; Whether they had pilot lights or similar
continually burning flames.
Facts pertaining to devices that may have been found
among the debris
methods used to extinguish the fire water, foam, and
carbon dioxide.

CIRCUMSTANTIAL EVIDENCE
In the prosecution of
arson, although circumstantial evidence may convict, it
must be established that a suspect was directly or indirectly
connected with the crime. Many of the factors listed under
FACTUAL EVIDENCE maybe considered under
CIRCUMSTANTIAL EVDIDENCE, and vice-versa.
Hearsay, corroborated by evidence, and coupled with
the investigators appraisal at the scene.
Testimony of first person on the premises after fire
was discovered his observations; and his opinion as
to the origin of the fire.
Circumstances under which the fire was first
discovered
Testimony of personnel of the fire department who
entered the building
Time interval between the discovery of the fire and
report to the fire department

The type of burning flash fire, explosion, smoldering

fire, rapidly spreading fire, approximate intensity of
the burning, whether there were separate fines.
Presence of color, and odor of smoke.
Color, height, and Intensity of flames
Alterations or changes made in the building while it
was occupied by the latest tenant, such as the
addition of partitions, electric wiring, stoves
Evidence of possible devices or means by which the
burning started, such as candle, match, timing device,
flammable material.
Presence of suspicious person particularly a loiterer,
in the immediate area of the burning during the 24hour period preceding the fire.
Evidence that any articles were Removed from the
premises; Recently repaired Altered; Adjusted in any
way.

Blistered paint, charred wood, melted metal, broken

glass or other material that may be found at the
suspected or known point of origin.

Evidence that liquid chemical, such as alcohol or

turpentine, was used to start the burning.
Evidence found in the crevices of a table, box, floor
that a candle or similar item may have been used.
Records financial or otherwise, or items or materials
that the arsonist might have wished to destroy.
Information relative to the insurance coverage of the
building, structure, premises, or property, or of items
and articles of particular value.
Data as to mortgages, liens, loans, and financial
status
of the suspect.
Any action pending or past against the suspect or
against any member of his family.

Information from inspection of the premises which

may have been made prior to the fire (Such data may
be obtained from city or local fire departments,
insurance carriers, city or local construction permits
and accompanying inspections, and from insurance
underwriters groups.)
Direction of any air current within the building during
the burning, as deducted from partially burned wall
paper, depth of charring, or soot deposits.
Availability of air within the building during the fire
as revealed by the heaviest concentrations of smoke
and soot.
Evidence that the heat created by the inspected
igniting agent was sufficient to kindle the material.
Identification of the material burned, e.g. oils or
chemicals (The laboratory examination of

sample of soot may supply this information)

Presence, among the debris, of peculiarly colored ashes
and clinkers, or of traces of paraffin, saturated rags,
waste excelsior, or other fire spreaders.
Evidence indicating who was responsible for the
security of the building; who possessed the keys to
the building; who could had additional keys made.
Information as to whether windows or doors were
normally closed and locked; some windows were
of necessity left unlocked although they were closed;
some, or all, of the windows were normally left open.
Weather data, such as atmospheric temperature;
direction of the wind at the time of the burning;
information concerning any electrical storm that may
have occurred at that time.

Evidence that a suspect is a known arsonist; the

modus operandi employed in the case under
investigation is similar to that employed by the
suspect in the past.
Evidence that fire resulted from spontaneous
combustion.
Additional circumstances that may either tend to
prove or disprove the burning as the work of an
arsonist.
Scaled photographs or sketches of the scene
interior and exterior before, during and after the fire,
supplemented with notes and evidence.

THREATS Any pertinent statements, utterances, or

declarations of a threatening nature made by the suspect or by
others concerning the building, the owner, or the tenant who

occupied the property should be considered by the

investigator.
MOTIVE

That a person or a group of persons would benefit from

the burning.

That another crime, such as theft, robbery, or unlawful

disposition of funds or properly, had been committed
on the premises previous to the fire, and that the burned
building contained evidence of the crime.

That there were money, stock, or equipment shortages.

That worthless items had been substituted for valuable
items alleged to have been consumed in the fire.

That an impending apprehension, inventory, audit inspection

investigation, or transfer of custody might have revealed

evidence of crime, shortages, improper activity or
negligence.

That there was jealousy, ill will, or friction between an

employee or between a superior and a subordinate.

INTENT - Intent to set fire to a building may be establish.

That a person removed properly of value from a

building or attempted wrongfully to dispose of items
that were not his own before the fire started,
That previous to the fire and contrary to normal habit
or practice, personal property was either left in or
moved into a building.
That measures were taken to deny normal access to
to the building or area or to impede the entry of
firemen or the utilization of their equipment.
That fire-fighting equipment and fire control systems
on the premises were moved from their normal
locations, or were rendered unserviceable previous to
the fire.

That contrary to normal practice, flammable materials

were allowed to accumulate where they start or
accelerate the special of a fire.
That a heating or electrical device or system was
tampered with in such a way as to make a fire likely
That, contrary to normal practice, doors, windows,
transoms, and ventilating systems were opened
or shut so as to facilitate the spread of a fire.
That devices or materials capable of starting or
accelerating a fire were placed in the building.
that communicating systems or automatic warning
devices were tampered with or rendered
unserviceable previous to the burning.

 That fireman were deliberately not summoned

immediately after the fire was discovered, summoned
but misdirected so as to delay their arrival.
That a person attempted to prevent or delay
watchmen or guard personnel from reporting the fire;
made a statement or committed an act that was
witnessed, indicating his intention to set a fire.

Direct Profit X, a homeowner who destroys his home

for the insurance proceeds, gains directly when the insurance
company settles the claim.

Indirect Profit X, a security guard who starts and

extinguishes a fire in a warehouse where he is employed, gains
indirectly when rewarded for quick action in saving the
warehouse.

Modern Way To Refinance A bought an old,

economically un sound, abandoned and dilapidated building in
a depressed area. After several years, the property is sold and
resold, back and forth, among the group of A, B, C and
D. The value of the building increased, at least on paper. The
building is then insured at the inflated paper value A, B, C
and D profited when they collected insurance after a fire
destroyed the building.

Sell It To The Insurance Company X bought a car.

X cannot make additional loan payments and fears the loss of
the initial investment. X found out that the car is unreliable.
Unsatisfied, and the car being insured, X considered to burn
the car, practically, selling the car to an insurance company.

Redecoration By Fire. A, a homeowner, wanted to

renovate his kitchen but cannot afford the high cost of labor

and materials quoted by B, a contractor. A arranged a

kitchen fire. Thus, the insurance settlement paid for the
renovation.

Welfare Fraud X, a welfare recipient, is either

dissatisfied with his current living condition or in need of cash.
On his own, X transferred to another apartment and brought
with hi his expensive properties, replacing them with old ones.
X then sets on his fire his former dwelling, including the old
properties.

Eliminating Competition. A (the owner of a large

parcel of land) offered to buy out Z (owner of a store), one of
As tenants. A wanted to tear down the store and build a
parking lot to service the customers of his newly constructed
mall. Z refused to sell his lease. A was eventually arrested
and convicted for a fire that destroyed an entire block of stores.

Organized Crime. A, a business man, suffered

losses, a result of gambling, involvement with a loan shark, and
extortion. A accepted Z, a member of an OCG, as his new
partner. At the extent of the companys credit, they bought
items that may be easily fenced. Under a large debt, the
business filed for bankruptcy and the business burned to the
ground.

Organized Crime Factions Also Use Arson (And

Murder)
1. To intimidate witnesses
2. To eliminate other criminal factions
3. As a form of discipline to maintain order within their own
ranks.

Demolition Scam. A, a businessman, buys a parcel

of land with old and abandoned buildings. The value of the
land can be much more higher in the absence of the buildings.
The reason for the difference in value is that anyone who might
consider buying and building on the property must add on the
cost of the demolition of the old structures.

Rehabilitation Scam. A bought an old, abandoned

building in a area designated for redevelopment. A caused
the rehabilitation of a single room. Telephone, water and
electrical connections were made. A collected receipt for
materials that were never bought and for works that were never
done. A collected from insurance after a fire.

Building Strippers. A, junk dealer or building

stripper, started several carefully planned fires. In suppressing

the fires, XYZ, the fire department punch or cut holes on the
floors and walls, inadvertently saving the building strippers
hours of work. This is in addition to the damage caused by the
fire itself.

Reasons Behind Arson for Profit

1. Relocation when unable to break a lease or sell the old
location.
2. Dissolution of the business
3. Ridding the business of obsolete or unsalable merchandise
4. Completion of a seasonal business
5. Imminent business failure
6. Upgrading of equipment
7. Labor and union problems
9. Crime in the area.

Suspicious Market Fire

Gather information ASAP after the fire Relationship among
store owners; Estimated earning; Business records and tax
returns.
Did the owner/s of the store reduced supplies before the

fire; have financial interest in other stores; applied for loan

Suppliers Names and addresses; Bouncing checks;
Overdue bills/debts. Items; Undocumented items; Unlawful
items.
Fire alarm and sprinkler system Installed or not; Time of
operation; Operational/functioning or not; On or Off,
Circumvented.
Insurance Name and address of insurance company;
Insurance coverage.
Flammable items Kept in the store (charcoal and lighter
fluids, etc.);

Where; Purpose of keeping Store cleaning; Type of items;

When last used.

Indicators of Insurance Fraud.

Incendiary material
Multiple origins
Location of the fire
Fires near the roof (insurance adjustors may declare
a total loss once the roof is destroyed)
Suspicious hours (no witnesses)
Holiday fires
Habitual claimants
fires occurring shortly before policy expiration
Vacant building
Renovation of building

Recent departure of occupants

Removal of objects (woodwork, plumbing, etc)
Property for sale
previous fire
Building over-insured
Fires where insurance has recently been obtained
Recent sale of building

Revenge and Prejudice

Jilted lovers
Feuding neighbors
Disgruntled employees
Quarreling spouses
Persons getting even after being cheated or abused
Persons motivated by racial or religious hostility

Vanity
Hero syndrome
fire buff arson

Hero Syndrome. A, a security guard who feels that he is

being ignored may start a fire and then save the plant. This
heroic act may draw attention to the splendid job he is doing
and warrant a raise in pay, a bonus, or a reward.

Fire Buff Arson. A fire buff is a person who

enthusiastically attends fires, perhaps to associates with and
assist fire-fighting personnel.

Juvenile and Vandalism

Juvenile Fire Setters

Vandalism
Cry for Help Syndrome

Juvenile Fire Setters

Unscrupulous persons Juveniles
Lesser payment, easily convinced
Lack of experience
Reliance upon whatever supplies are
available (e.g., gasoline)
Likely to be trapped and die in any fire they
might set

Vandalism Common cause ascribed to fires set by juveniles

Boredom
Revenge
General protest - School fires; Fires in abandoned
abandoned cars; Fires in vacant buildings; Fires in
trash receptacles

Cry For Help Syndrome. Fire setting is behavior that

is learned; Children as young as two years old have started
fires.

Arson For Crime Concealment

Escaped prisoners
Armed robbers

Other Criminals
Records
Diversionary Tactics
Robbery and Murder

Escape Prisoners and Armed Robbers.

Abandon get-away vehicles

burn stolen get-away vehicles
Destroy fingerprints or other evidence

Murder and Robbery

Destroy evidence that crime was committed

Destroy evidence connecting the perpetrator
to the crime
In case of murder; make it impossible to identify
the victim

Fire To Destroy Records

Cases of Embezzlement
Cases of Forgery
Cases of Fraud

Diversionary Tactics.

Divert attention while the perpetrator robs another

building
Escape from jail; prison; hospital

Evidence Of Arson for Crime Concealment

Includes

Recovery of robbery tools (e.g. crowbar, pick locks,

etc.) from the fire scene.
Personal property strewn about a room that exhibits
little or no fire damage

Detailed Follow-up Investigation Is Required If

business or personal records were left, or file drawers
left open, and exposed to fire
Valuable personal items or expensive office equipment
or stock are found to be missing after a close
examination of debris (and presumed to have been
stolen before the fire started.)

Uses Of Psychological Profiling.

Focusing the investigation

Identifying potential suspects
Developing appropriate techniques and strategies for
interviewing various types of the setters.

Characteristics Common Among Pathological

Arsonists
Less than 25 years old

Reared in distressing and pathological environment

Father absent from home
Domineering mother
Academic retardation
Slightly below-average intelligence
Social and sexual maladjustment
Unmarried
Emotional and psychological disturbance
Cowardice
Psychological inadequacy and insecurity
Motivated by a multiplicity of factors
Spurred by precipitating stressful situation or
experience

Psychological Compulsion.

Manic-Depressiveness

Mania
Depression
Suicide by Fire
Pyromania
Schizophrenia
Paranoid

Mania Characterized by Mood elevation, Physical

and mental hyperactivity, disorganized behavior,
Depression Characterized by Lethargy, Lack of
Concentration, Sadness or dejection, Disorganized
Behavior.
Suicide By fire. As abhorrent as the idea may be to
A rational person, the fact is that people do commit suicide
By Fire; Suicide By Fire is rare in Western culture, but

Common in Japan and the most form of suicide in

Bangkok, Thailand

Pyromania

Has inordinate or ungovernable enthusiasm for

starting fire
Lacks conscious motivation for his fire setting
Gain sexual gratification
Get sensual pleasure
Set fires impulsively, the do not plan their fires

Schizophrenia

Most serious of affective disorders

Types are Simple, Hebephrenic, Catatonic, Paranoid
characterized by Disintegration of personality
(inappropriate affect, disorderly thought and
behavior); Withdrawal into self-centered subjective
mental activity (autism)

Paranoid

Most likely to be an arsonist

Has excessive and irrational suspiciousness
Everything is perceived from a defensive standpoint
Uses fire as weapon against whatever is perceived as
a threat

Mass civil disturbance Indiscriminate burning of

Business, homes, and vehicles during a riot; may incite
those already motivated for arson provide chaos within
Which to escape
Mob Mentality. People in a mob may commit acts that
They would never do as individuals.

Terrorism. Terrorism is an action, usually involving the

placement of a bomb or fire explosion of great destructive
power, which is capable of effecting irreparable loss against
the enemy Carlos Marighella, Brazilian theoretician; Arson
perpetrated by terrorists overlooked media focused on
bombings and kidnappings; Primary goal of terrorists is
publicity - violence directed against civilian targets.
Diversionary tactic proceeds of arson insurance fraud to
finance covert operations and purchase weapons and
equipment

THANK
YOU
AND GODBLESS