Chapter 11
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.
DEFINITION OF ARSON:
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 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 own property.
Under the Revised Penal Code
Arson is the destruction of property by fire and the extent of liability depends on:
- Kind and character of the building
- Its location
- Extent of damage or value
- Its state or being inhabited or not
According to Webster
Arson is the malicious burning of a building or property. (as a dwelling house)
Arson is fire set intentionally.
WHAT CONSTITUTE ARSON?
1. Willfulness – intentional and implies that the act was done purposely and
intentionally.
2. Intent – the purpose or design with which the act is done and involves the will. An
essential element of crime.
3. Motive – is the moving cause which induces the commission of a crime. Something
that leads or influences a person to do something.
4. Malice – denotes hatred or ill will or a desire for revenge. Is the intent to do injury to
another.
• A fire can only be considered as 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. First, that the building in questioned burned.
b. Second, it was burned as a result of the intentional criminal act of them accused.
5. Burning – to constitute burning, there must be some burning or charring, i.e. the fiber of the
wood must be destroyed, its identity change. 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
A. ORIGIN OF FIRE
The first step in recognizing arson is the exclusion of all accidental and natural causes of fire.
Causes of Fire:
1. Natural cause without human intervention
a. Lightning
b. Explosion
c. Spontaneous Combustion
d. Miscellaneous Cause (example: damage to electric cables due to earthquake or storm,
breaking gas pipes)
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 stoves, candles. Cigarette butts, mosquito coils
3. Arson or Touch off fires (a set fire) – when all natural and accidental causes have been
eliminated, then the fire is classified as suspicious.
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
Tell Tale Signs – signs that maybe obvious that the firearm will suspect arson
Some Tell Tale Signs:
1. Burned building – a type of building may indicate a set of fire under some
circumstances.
2. Separate fire – when two or more separate fires break out within a building
the fire is certainly suspicious.
3. Color of smoke – some fire burn with little or no smoke but they 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
smoke is lost because the smoke will not indicate the materials used by the
arsonist.
a. White smoke appears before the water come in contact with the fire –
indicates humid materials burning. Examples: burning hay, vegetable
materials, phosphorus (with garlic odor)
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
b. Biting smoke; irritating the nose and throat and causing
lachrymator and coughing indicate presence of chlorine.
c. Grayish smoke or black smoke – indicates lack of air but if
accompanied by large flame it indicated petroleum and petroleum
products and rubber, tar, coal, turpentine.
d. Reddish brown smoke – indicates nitrocellulose, sulfur, sulfuric
acid, nitric acid or hydrochloric acid.
4. Color of flame – the color of the flame is a good indication of the
intensity of fire and sometimes of the nature of the combustible
substance present.
Ex. Burning alcohol – blue flame
Burning petroleum products – red flame
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
5. Size of fire – rapid extension of the fire is indicative of the use of
accelerants.
6. Direction of travel – fire normally sweeps upward; the travel of fire is
predictable from knowledge of the construction of the building.
7. Intensity – the degree of heat given off by a fire and the color of its
flame oftentimes indicate that some accelerants has been added to
the material normally present in the building.
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 characteristic odors especially liquid
like turpentine, alcohol, kerosene, and gasoline.
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
Point of Origin of Fire
In case of arson, point of origin of the fire is the area that the
physical evidence of criminal design is likely to be discovered. This
maybe established by an examination of the witness and by
inspecting the debris of the fire scene or by both. The witness to be
interrogated is the discoverer of the fire, second is the person who
turned in the alarm, and lastly any other witness that can be found.
Inspection of the crime scene must immediately be made to
determine the point of origin and possibly to establish the
arsonist’s technique.
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
Fire Setting Mechanism
An arsonist may use the simplest method in a match and some
papers or he may use an elaborate means to start the fire. He may
use mechanical method or chemical method to start the fire.
Two Methods to Start the Fire:
1. Mechanical Methods:
a. Matches
b. Candles, cigarette – slow burning initiating arrangement.
c. Mechanical devices as clock mechanism, altered equipment,
magnifying glass, animal tied to ignition device like portable
lamp or stove - usually time delay arrangement.
d. Electrical system – usually occurs in modern buildings that are
heavily equipped of electrical wirings to supply fixtures,
machines and heating purposes.
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
e. Heating appliances as heaters, sparkers - heaters like flat iron
and toaster, sparkles like electrical switches, door bells,
telephone boxes.
f. Explosives – nitroglycerine, TNT, mercury fulminate, gun powder.
Fire is a common consequence of explosion. Nitroglycerine is the
most co.mmonly employed.
2. Chemical Methods:
a. Hot water or ice bag used a receptacle for phosphorus and water
ignition device
b. Metallic sodium ignited by drops of water
c. Potassium chlorate, sugar and sulfuric acid
d. Chemical devices as thermo bombs, phosphorus
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
Incendiary materials – materials used to start a fire. They are
combustible fuels
Examples of Incendiary Materials:
• Arson Chemicals – incendiary materials often used by arsonist as
accelerants.
Examples are alcohol, benzene, petroleum ether, gasoline,
kerosene, naphtha, turpentine
• Gases as acetylene, butane, CO, ethylene, hydrogen, natural gas,
propane – these are the 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.
• Solids as chlorates, perchlorates, chromates, bichromates, nitrates,
permanganates - are typical families of oxidizing agents that give
off oxygen on decomposition thus aiding in combustion.
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
Most Common Accidental Cause Of Fire:
a.) Careless discarding of cigarettes.
b.) Careless disposition of readily combustible materials
c.) Poorly managed or defective heating system
d.) Spontaneous combustion
e.) Sun rays focused by bubbles in window panes
f.) Explosion from petroleum products, alcohol and other
substances
g.) Lightning
h.) Electrical Mishaps
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
B. MOTIVE
Five motives that predominate in arson cases:
1. Economic gain
2. Concealment of crime
3. Punitive measure
4. Intimidation and economic disabling
5. Pyromania
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
Fires are set by two types of setters namely:
1. Person with motive
a. Those with desire to defraud the insurer
b. Employees or such other persons who grievance
Fire of revenge – revenge is sometimes the cause of a fire where
a person wishes to destroy the goods of another person against
whom he has a bad feeling.
c. Those who desire to conceal evidence of other crimes
d. Those who set fire for the purpose of intimidation
e. PYROMANIA – an uncontrollable impulse toward incendiarism. A
term used to 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. People who get pleasure in watching
fireman put out fire.
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
2. Person without motive:
a. Mental case
b. Pathological fire-setters
c. Pyromaniacs
d. Psychos
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
B. DEVELOPMENT / IDENTIFICATION OF PRIME SUSPECT
The third basic line of inquiry pointed towards the identification of
the criminal and his accomplices if any. To accomplish this
identification it is first necessary to develop what are known as prime
suspects among those having motives and opportunity to set the fire
or to pinpoint a prime suspect in pyro fire by studying the fire pattern.
Suspected fire setters with rational motivation are usually
developed by a check of their activities, questioning and background
study. Friends, eyewitness and others who may possess information
about the fire are interviewed. The owners of the building, the
occupants of the premises affected by the fire and anyone who may
profit by the fire are interrogated.
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
The following technique may serve the investigation:
1. Search of the fire scene for physical evidence
2. Background study of policyholders, occupants of premises,
owner of building or other persons having major interest in the
fire.
3. Interviews and interrogations of the person who discovered the
fire, the one turned the first alarm, fireman, and eyewitness.
4. Surveillance or close watch – continual observation of a
person or group, especially one suspected of setting the fire
BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON
D. IDENTIFICATION OF FIRE SETTER
The final basic line of inquiry to be pursued by an arson
investigator concerns which one of the prime suspects is 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 may be of value.
GUIDELINES IN THE INVESTIGATION OF THE FIRE SCENE
The fire scene holds the key to the origin of any fire. A
careful, methodical, and thorough search of the scene of
suspicious fire is a basic part of the initial investigation. The
following points must be given due attention:
1. The scene must be protected so that the evidence is not
destroyed or removed either by careless persons or the guilty
party.
2. Mechanics of search
3. Collection and preservation of physical evidence
4. Laboratory aids
COLLECTION AND PRESERVATION OF ARSON EVIDENCE
1. Two to three quarts of ash debris must be collected at the point of
origin of a fire.
2. Specimen should be packed immediately in an airtight container.
a.New clean paint cans with friction lids can be used as container.
b.Wide-mouth glass can be used provided they contain airtight
lids.
c.Leave airspace 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. Thorough 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 samples 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, turpentine, alcohol, etc.
2. The debris is steam distilled and the distillate collected.
3. The distillate is analyzed in one of the following instrument for
confirmation:
a. Gas Chromatography – Mass spectra (GC - MS)
b. Gas – Liquid – Chromatography (GLC)
c. High Performance Liquid Chromatography (HPLC)
