ARSON

Arson is one of the most heinous crimes committed by men. It is an offense of great malignity and
probably more destructive than murder

1. Under the Old Common Law

 Arson is the willful and malicious burning of the house or house of another man. Present laws
on arson have extended for the scope of the crime and cover all kinds of buildings and
structures even including personal property. Now the crime of arson includes the burning of
one’s property.

2. Under the Revised Penal Code

 Arson is the destruction of property by fire and the extent of liabilities depends on:
a. Kind and character of the building
b. Its location
c. Extend of damage or value
d. Its state of being inhabited or not

3. According to Webster
Arson is the malicious burning or property a dwelling house.

4. Arson is the fire set intentionally

What constitute arson?

1. Willfulness- means intentional and implies that the act was done purposely and intentionally.
2. Intent- is the purpose or design with which the act is done and involves the will. An essential of
crime, motive is not.
3. Motive- is the moving cause that induces the commission of a crime. Something that leads or
influences a person to do something.
4. Malice- denotes hatred or ill will or desire for revenge. It is the intent to do injury to another.

Deliberate intention of doing unjustified harm for the satisfaction of doing it

 A fire only be considered arson if all accidental and natural cause of fire can be eliminated. The
mere burning of a building does not constitute the body of the crime.
 To prove the body of the crime it is necessary to show:
a) 1st that he building in questioned burned.
b) 2nd it was burned as a result of the international criminal act of the accused.
c) to continue burning, there must be some burning or charring, that is the fiber of the
wood must be destroyed, its identity changed. It is not necessary that the building be
seriously damaged. A mere smoking, scorching or discoloration of the wood is not
sufficient.
Basic lines of inquiry in the investigation of arson

 Arson is the easiest crime to commit but the most difficult to detect, tougher to solve than
homicide.
 At least in a homicide there is some kind of weapon, a gun, poison or the like and there is
always the body- good physical evidence.
 In arson, physical evidence that normally aid in convincing criminals may have been wholly
destroyed by the fire itself.

The Four Basic lines of inquiry in the investigation of arson

1. Origin of fire
2. Motive
3. Identification of prime suspect
4. Identification of fire setter

The first step in recognizing

ARSON is the exclusion of all
accidental and natural causes of
fire.

CAUSES OF FIRE
Fire may belong to anyone of the following:
1. Natural cause without human intervention
a) Lightning
b) Explosion
c) Spontaneous combustion
d) Miscellaneous cause
2. Accidental cause with or without human intervention.
a) Faulty wiring
b) Careless handling of inflammables
c) Children playing with match
d) Careless smokers
e) Careless handling of electric iron, stoves, candles, cigarette butts, and mosquito coils.
3. Arson or Touch Off fires ( a set fire) – when all natural and accidental causes have been
excluded by investigator, he determines that it is in fact a “touch off” fire.
Tell Tale Signs- sign that maybe obvious that the fireman will suspect arson. These are to be
observed to determine if it is arson.

TELL TALE SIGNS

1. Burned building- the type of the building may indicate a set fire under certain
circumstances. A fire of considerable size at the time the first apparatus arrive at the
scene is suspicious if it is a modern concrete or semi-concrete building.
2. Separate fires- when two or more separate fire breaks out within a building. The fire is
certainly suspicious.
3. Color of smoke- some fire burn with little or no smoke but there are exception. The
observation of the smoke must be made at the start of the fire since once the fire has
assumed a major proportion, the value of the smoke is lost, because the smoke will not
indicate the material used by the arsonist.
a. When white smoke appears before the water from the fire hose comes in contact with
the fire, it
indicates humid material burning. Example – burning hay, vegetable materials,
phosphorus (with garlic odor).
b. Biting smoke; irritating the nose and throat and causing lacrymation and coughing-
indicates presence of chlorine.
c. Black or grayish smoke- indicates lack of air but if accompanied by large flames if
indicates petroleum products and rubber, tar, coal, turpentine.
d. Reddish brown smoke - indicates nitrocellulose, sulfuric acid, nitric acid, hydrochloric
acid.
 Black smoke with deep flame – petroleum products, tar, rubber, plastics, etc.
 Heavy brown with bright red flame – nitrogen products
 White smoke with bright flame – magnesium products
 Black smoke with red and blue green flame – asphalt
 Purple-violet flame –chloride or manganese products
 Bright reddish yellow flame – calcium products

4. Color of flame- the color of the flame is a good indication of the intensity of fire, an
important factor in determining incendiarism; and sometimes of the nature of the
combustible substance present.
5. Size of fire- this is important when correlated with the type of alarm, the time received
and the time of arrival of the first fire apparatus. Fires make what might be termed a normal
progress. Such progress can be estimated after an examination of the material burned the
building and the normal ventilation offered of the fire. The time element and the degree of
headway by the flames become important factors to determine possible incendiarism.

6. Direction of travel- the fire normally sweeps upward. The travel of fire is predictable
from knowledge of the construction of the building. Flames tend to rise until it encounters
obstacles. They project horizontally and seek other vertical outlets. Extent and rate of travel
depend primarily of the direction of the wind and on ventilating condition like open doors
and windows.

7. Intensity- the degree of heat given off by a fire and the color of its flame oftentimes
indicate that some accelerants have been added to the material normally present in a
building. Difficulty in extinguishing the fire is often a lead to suspect presence of such fluid
as gasoline and kerosene.

8. Location of flame- investigator should note whether there is more than one apparent
point of origin and should try to estimate the approximate location of each.

9. Odors- many accelerants emit characteristics odors especially liquid like turpentine,
alcohol, kerosene and gasoline.

The point of origin of the fire

 In case of arson, it is in this area that the physical evidence of culprit’s design is likely to be
discovered.
 This maybe established by an examination of the witness and by inspecting the debris at the
fire scene or by both.
 The witness to be interrogated is the discoverer of the fire and second the person who turned
in the alarm and lastly any other witness that found.

The methods to start the fire

1.Mechanical Method
2.Chemical Method

Mechanical methods to start the fire

 Matches
 Candles, cigarettes – slow burning initiating arrangement
 Mechanical devices as clock mechanism, altered equipment, magnifying glass, animals
tied to ignition devices like portable lamp or stove – usually time delay arrangement.

 Electrical system/mishap – usually occurs in modern buildings that are heavily equipped of
electrical wirings to supply fixtures, machines and heating purposes.

 Inflammable gases as illuminating gas, sewer gas.

 Heating appliances as heaters, sparkers – heaters like flat iron and toaster, sparkles
like electrical switches, doorbells, telephone boxes.

 Explosives – nitroglycerine, TNT, mercury fulminate, gunpowder. Nitroglycerine is the

most commonly employed.

Chemical methods to start the fire

a) Hot water or ice bag used as receptacle for phosphorous and water ignition device.
b) Metallic sodium ignited by drops of water
c) Potassium chlorate, sugar and sulfuric acid
d) Chemical devices as thermite bombs, phosphorous

Incendiaries material

1. Arson chemicals- used by arsonist as accelerants. Example: Alcohol, benzene, petroleum

(gasoline, kerosene, naphtha, turpentine)
2. Gases as acetylene, butane, CO, ethylene, hydrogen, natural gas, and propane – these are
common gases resulting in fires from explosion. These when mixed with air possess excellent
ignition properties and when present in an enclosed area can lead to explosion.
3. Solids as chlorates, perchlorates, chromates, bichromates, nitrates and permanganates – are
typical families of oxidizing agents that give off oxygen on decomposition thus aiding in
combustion.

Most common accidental cause of crime

1. Careless discarding of cigarettes

2. Careless disposition of readily combustible materials
3. Poorly managed or defective heating system
4. Spontaneous combustion
5. Sun rays focused by bubbles in windowpanes
6. Explosion from petroleum products, alcohol and other substances
7. Lightning
8. Electrical mishaps

5 motives that predominate in arson case

1. Economic gain
2. Concealment of crime
3. Punitive measure
4. Intimidation and economic disabling
5. Pyromania

1. Economic Gain

a) .Insurance Fraud- benefitting

b) desire to dispose merchandise– lost of market value
being out od season, lack of raw materials, over supply of merchandise can be a big reason for
arson.
c.) Existing business transaction that the arsonist would
like to avoid such as impending liquidation, settlement of estate, need for cash, prospective
business failure, and increase rentals.
d.) profit by perpetrator other than the Assured like
insurance agents wishing business with the assured, business competitors planning to drive
others, person seeking job as personnel protection, salvagers and contractors wishing to
contact another building.
2. Concealment of Crime – when the purpose of hiding a crime or committing a crime,
arson was used as means.
3. Punitive Measure- committing arson to inflict injury to another due to hatred, jealousy
and revenge.
4. Intimidation or economic disabling – arsonist as saboteurs, strikers and racketeers to
intimidate management or employer.
5. Pyromania – a pyromaniac having the uncontrollable impulse to burn anything without
any motivation. They do not run away from the fire scene since they love watching fire
burning.

Types of person who set fire

1.Person with a motive
a. Those with desire to defraud the insure
b. Employees or such other persons who gave grievances
c. Those who desire to conceal evidence of the crimes
d. Pyromania- an uncontrollable impulse toward incendiarism. A term describe a condition of mind
leading to an act of arson.
Pyromaniac- a type of person who has passion for fire that can be satisfied only by watching flames.

2.Person without a motive

a. Mental cases
b. Pathological fire-setters
c. Pyros
d. Psychos
Development/ Identification of prime suspect

 The development of prime suspects – this involves identification results from the full
development of leads, clues and traces, the testimony particularly eyewitnesses and the
development of expert testimony. The following technique may serve the investigation:
1. Search of the fire scene for physical evidence:
a) Protection of the scene
b) Mechanics of search
c) Collection and preservation of evidences
d) Laboratory aids
Background study of policyholders, occupants of premises, owner of the building or other
person having major interest in the fire.
2. Interviews and interrogations of persons who discovered the fire, and the
one who turned the first alarm, firemen, and eyewitnesses.
3. Surveillance.

The final basis inquiry to be pursued by an arson investigator

Identification of fire setter

 The final basis inquiry to be pursued by an arson investigator which one of the prime
suspects is the fire setter and who were his accomplices if any.
 This identification results from the full development of leads, clues, and traces.
 The testimony of persons particularly eyewitness and the development of expert
testimony maybe of value.

Collection and Preservation of arson evidence

1. Two to three quartz of ash and soot debris must be collected at the time point of
origin of a fire.
2. Specimens should be immediately packed in an airtight container.
a. Can use new clean paint cans with friction
lids because they are airtight, unbreakable.
b. Wide-mouthed glass jars can be used
provided they contain airtight lids.
c. Leave an air space in the container above
the debris.
3. Plastic polyethylene bags are not suitable for packing
4. Fluids found in open bottles or cans must be collected and sealed.
5. Through search of the scene should be undertaken for ignitors.
6. Collect clothing of the suspect/perpetrator and place in a separate airtight
container.
7. Freeze sample containing soil or vegetation.
Determination of arson chemicals in debris

1. Preliminary test- the debris is reacted with rhodokrit powder for the possible presence
of inflammable substance as gasoline, kerosene and etc.
2. The debris is steam distilled and the distillate collected.

3. The distillate is analyzed in one of the following for confirmation:

a. Gas Chromatography – Mass Spectra (GC-MS)

b. Gas – Liquid –Chromatography (GLC)
c. High Performance Liquid Chromatography (HPLC)