Fire Technology Arson Investigation: Emerson C. Avendaño, CST, MSCJ

FIRE TECHNOLOGY
ARSON INVESTIGATION
Emerson C. Avendaño,CST, MSCJ

Criminologist
Emerson C. Avendaño,RCrim, CST,
09/08/2020 MSCJ 1
What is Fire?
• It is an active chemical reaction
that takes place between fuel, heat
and oxygen in the form of light and
noticeable heat.
• Is the combustion or burning, in which
substances combine chemically with
oxygen from the air and typically give out
bright light, heat, and smoke.
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FIRE TECHNOLOGY
• It is the application of the results of the
basic research and of engineering
principles to the solution of practical
fire protection problems, but entailing,
in its own right, research into fire
phenomena and fire experience
(thefreedictionary.com).

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PROPERTIES OF FIRE
PHYSICAL PROPERTIES :
• Specific gravity - ratio of the weight of a solid or
substance to the weight of an equal volume of water.
• Vapor density – the weight of volume of pure
gas compared to the weight of a volume of dry air at
the same temperature and pressure.
• Vapor pressure – the force exerted by the
molecules on the surface of the liquid at the
equilibrium. (CLE1014)
• Temperature – which is the measure of the degree
of thermal agitation of molecules.
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• Boiling point – is the constant temperature at
which the vapor pressure of the liquid is equal to the
atmospheric pressure.
• Ignition Temperature or Kindling Temperature –
is the minimum temperature to which the substance
in the air must be heated in order to initiate
combustion without the addition of heat from
outside sources.
• Fire point – is the lowest temperature at which a
flammable liquid in an open container at which vapors
are evolved fast enough to support continuous
combustion.
• Flash point – is the temperature at which a
flammable liquid forms a vapor air mixture that
ignites. The minimum and maximum temperatures are
referred to the lower and upper flash point in air,
respectively.
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CHEMICAL PROPERTIES
• Endothermic reactions – are changes
whereby energy (heat) is absorbed or is
added before the reaction takes place.
• Exothermic reactions – are those that

releases or gives off energy thus, they
produced substances with less energy
than the reactants.

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• Oxidation – is a chemical change in
which combustible materials or FUEL and
an oxidizing agent like OXYGEN, reacts.
(SLOW AND FAST/RAPID)

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Flame – is a glowing body
(incandescent) of mixed gases
undergoing the process of combustion.
Flames commonly consist of a mixture of
oxygen and another gas, usually such
combustible substances as hydrogen,
carbon monoxide or hydrocarbon.

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TYPES OF FLAME
1. According to color and completeness of
combustion:
a. LUMINOUS FLAME – reddish-orange in
color; it deposits soot because it is a product
of incomplete combustion; it has lower
temperature.
b. NON-LUMINOUS FLAME – bluish in
color; it does not deposit soot because it is a
product of complete combustion; it has a
higher temperature than luminous flame.
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2. According to Smoothness:
a. TURBULENT – irregular, unsteady
swirls or rough flame
b. LAMINAR – smooth flame
3. Based to Burning Fuel and Air
Mixture:
a. PREMIXED FLAME – e.g.: flame of
Bunzen Burner
b. DIFFUSION FLAME – e.g. flame of
oxyacetylene torch
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PREMIXED DIFFUSION

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THE FIRE TRIANGLE

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ELEMENTS OF FIRE
I. Fuel – is anything that will burn when
heated with sufficient oxygen. The most
important element for it is what burns.
(solid, liquid, gas)
II. Oxygen – aids in combustion; comes
from the atmosphere we breath (need
not be procured); supports life.
ATMOSPHERE = 21% oxygen + 78%
nitrogen + 1% impurities.
16 % - amount of oxygen to sustain
combustion
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MSCJ 14
Carbon Dioxide (CO2) – a gas which is a
product of burning which is not poisonous
but dangerous because it does not
support life.
Carbon Monoxide (CO)– a poisonous gas
Pyrophoric substances – a substance
(powder) that burst into flames by
spontaneous combustion when exposed to
air or oxygen.

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III. Heat – the source of ignition.
• Temperature – the measure of the
degree of thermal agitation of molecules.
The determines the sensation of warmth
and coldness of a matter on contact.

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Method of Heat Transfer - CCR
• CONDUCTION (CLE1014) – through solid
materials, that is, direct contact. Heat
travels through solid or between solids in
contact with each other or through
intervening heat conducting medium.
• CONVECTION (CLE0415) – heat is
transferred through circulating medium
either gas or liquid, heat travel in upward
movement. The process of conduction b/n
solid surface and a moving liquid or gas.
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• RADIATION – through the motion of air
vacuum or the sun. Heat energy or
through intervening space by heat rays or
electromagnetic wave without an
intervening medium.

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Methods/Modes of Heat Transfer

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The Fire Tetrahedron
• The fire triangle is a useful teaching tool, but
fails to identify the fourth essential element of
fire: the sustaining chemical reaction. This
has led to development of the fire tetrahedron:
a triangular pyramid having four sides
(including the bottom). In most fires, it does
not matter which element gets removed; the
fire fails to ignite, or it goes out. However,
there are certain chemical fires where knowing
only the “fire triangle” is not good enough.
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The Fire Tetrahedron

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COMBUSTION
• COMBUSTION/BURNING - is the rapid
oxidation of substances by the generation
of heat and light.
• Burning occurs only when the three essential
elements of fire are present: fuel, oxygen
and heat sufficiently high to maintain the
process of combustion.
• The withdrawal of the fuel (starving),
elimination or exclusion of the oxygen
(smothering) or lowering of the
temperature will extinguish the burning
(cooling).
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• Combustion is the chemical reaction that feeds a
fire more heat and allows it to continue.
• With most types of fires, the old fire triangle
model works well enough, but when the fire
involves burning metals (lithium, magnesium,
etc.), it becomes useful to consider the
chemistry of combustion. Putting water on such
a fire could result in the fire getting hotter (or even
exploding) because such metals can react with
water in an exothermic reaction to produce
flammable hydrogen gas.
• Therefore, other specialized chemical (dry
chemical) must typically be used to break the chain
reaction of metallicEmerson
combustion and stop the fire.
C. Avendaño,RCrim, CST,
09/08/2020 MSCJ 23
Spontaneous Combustion:
It is a phenomena in which a combustible materials
-
generates or produces heat because of internal
chemical action (oxidation) and eventually ignites
without any exposure to external sources of fire,
spark or abnormal heat.
Materials prone to spontaneous combustion:

A. CoalE. grain
B. Dust F. other plant products
C. Flour G. porous materials such as
D. Hay rags, paper, etc. soaked in oil.

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• PYROLYSIS - The chemical
decomposition of a compound into one or
more other substances by heat alone. The
chemical process whereby fires
consumes most solid part of the fuel.
• FREE RADICALS - Refers to gases

liberated by heat. It is the composition of
a fuel that is actually burned.

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Product of Pyrolysis

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Stages of Fire Development
1. Overheating, Incipient or Initial Stage – by friction
or increase in temperature, beginning of fire, temp 400
degrees Fahrenheit to 800 degrees Fahrenheit.
2. Flaming or Free Burning Stage – bursting into flames,
the peak of the fire, everything is burning, oxygen is 21%.
3. Smoldering Stage – presence of smoke and smolders,
oxygen in the surrounding drops at 13%, fire glows,
carbon monoxide (poisonous gas) is produced, back draft
may occur.
 Backdraft – sudden introduction of oxygen with
superheated fuel under pressure will cause an
explosion. It is the most common risk to firefighters
during ventilation.
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BACKDRAFT

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Sources of Heat Energy
I. MECHANICAL HEAT – may produce by
compression or by frictional heat.
 Frictional heat - is a produced when two
solids (surfaces) are rubbed together.
 Heat of compression – released when gas
is compressed also known as diesel
effect.
 Overheating – gathered from the rolling,
friction or sliding in machinery or between two
hard surfaces, at least one of which is metal.
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II. CHEMICAL HEAT ENERGY – product of
spark or exothermic reaction.
 Heat of combustion – known as calorific
or fuel value. It refers to the quantity of
heat released during the complete
oxidation where organic fuel is converted to
water and carbon dioxide.
 Spontaneous heating – process of raising
temperature of a material by means of slow
oxidation w/o drawing heat from its
surrounding until the ignition temperature is
reached and resulted to combustion
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 Heat of solution – released when a substance
dissolved in water.
 Heat of decomposition – released by decaying
and rotting compound.
III. ELECTRICAL HEAT ENERGY – produced when

electric current flows through a conductor or when a
sparks jumps on an air gap.
 Lightning – released of an electric charge on a cloud
to the opposite charge on another cloud or on the
ground
 Arcing – is a product of interruption of electrical
circuit either intentionally by a knife switch or
accidentally when a terminal or contact becomes loose
which ignite flammable or combustible material upon
contact.
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Arcing

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IV. NUCLEAR HEAT ENERGY – released
in the form of pressure, nuclear radiation,
and heat.
 Nuclear Fusion – reactions in which two
light nuclei combine to form heavier
nucleus with the emission of particles or
gamma rays.
 Nuclear Fission – the nucleus splits
into two lighter nuclei .

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CLASSIFICATIONS OF FIRE

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According to causes:
I. Natural Fire Cause – it involve fires without
direct human intervention. Also known as
“Providential Fire”. (Unforeseen acts of
God).
 Earthquake, typhoon, lightning.
 Spontaneous combustion arising from the
storage of combustible materials in poorly
ventilated places.
 Explosion from petroleum products, alcohol
and other substances.
 Sun rays focused on glasses which may serve
as a convex lens.
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II. Accidental Fire Cause – caused by
human error or negligence.
 Carelessly discarded cigarettes.
 Careless disposition of readily combustible
materials.
 Poorly managed or defective heating facilities.
 Overheating, spark and electrical defects.
 Overload electric circuits/ Octopus connections
 Children playing matches
 Use of candles

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Carelessly discarded cigarettes

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Children playing matches

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Octopus Connections

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III. Incendiary Fire Cause – is one
deliberately set under circumstances in
which the person knows that the fire
should not be set. (Intentional fire or
arson)
IV. Undetermined Fire Cause –

whenever the cause cannot be proven,
the proper classification is undetermined.

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Causes of Fire

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According to Fuel
 Class A – ordinary combustible materials such as
wood, paper, fabrics, etc. this will indicated deep cited
fire, leaves ashes and embers (glowing coals) after
burning.
 Class B – flammable liquids such as gasoline, lube oil,
kerosene, paint thinner, etc.
 Class C – electrical fires caused by overloading, arcing,
etc. (CLE-1014 -2x)
 Class D – combustible metals such as magnesium
(white element burning with dazzling light), sodium (a
silver white metallic element), etc. This creates violent
reaction.
 Class E – flammable gases such as LPG, LNG, etc. This
will also creates violent reaction.
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Extinguishing Agents
1. Class A – water (all agents)
2. Class B – foam/carbon dioxide (all agents)
3. Class C – carbon dioxide/powder (never use water,
soda acid and foam), the use of water will cause
electrocution.
4. Class D – special powder, the use of water will
cause explosion.
5. Class E – all agents
Dry Chemicals– ABC extinguisher, interrupting

chemical reaction.
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Factors that affects the rate and extent of the
spread of fire:
1. Wind velocity
2. Relative humidity, dryness of the
materials and the absence of rain.
3. Air temperature
4. Nature and condition of any
vegetation surrounding the building
5. Nature of building construction
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Terms to ponder:
• ABATEMENT- Any act that would neutralize or
remove fire hazard.
• BLASTING AGENT- Any material or mixture
consisting of a fuel and oxidizer used to set off
explosives.
• COMBUSTIBLE, FLAMMABLE, or
INFLAMMABLE - descriptive of materials that
are easily set on fire.
• COMBUSTIBLE LIQUID - Any liquid having a
flash point at or above 37.8 *C (100*F).
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• CORROSIVE LIQUID - Any liquid which
causes fire when in contact with organic
matter or with certain chemicals. (
• CURTAIN BOARD - A vertical panel of
non-combustible or fire resistive materials
attached to and extending below the
bottom chord of the roof trusses, to divide
the underside of the roof into separate
compartments so that heat and smoke will
be directed upwards to a roof vent.

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• FIRE ALARM - Any visual or audible
signal produced by a device or system to
warm the occupants of the building or fire
fighting elements of the presence or danger
of fire to enable them to undertake
immediate action to save life and property
and to suppress the fire.
• DAMPER - A normally open device installed
inside an air duct system which
automatically closes to restrict the passage
of smoke or fire.
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• DUCT SYSTEM - A continuous
passageway for the transmission of air.

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• FIRE TRAP - A building unsafe in case
of fire because it will burn easily or
because it lacks adequate exits or fire
escapes.
• FIRE HAZARD - Any condition or act
which increases or may cause an increase
in the probability of the occurrence of fire,
or which may obstruct, delay, hinder or
interfere with fire fighting operations and
the safeguarding of life and property.
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FLASH POINT - The minimum temperature at
which any material gives off vapor in
sufficient concentration to form an ignitable
mixture with air.
FIRE POINT – is the temperature at which a
flammable liquid forms a vapor air mixture
that ignites.
FLASH OVER – the production of fireballs as
a result of the ignition temperature of gases.
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ORGANIC PEROXIDE- A strong oxidizing organic
compound which releases oxygen readily.
OVERLOADING- The use of one or more electrical
appliances or devices which draw or consume
electrical current beyond the designed
capacity of the existing electrical system.
GENERAL ALARM – A distress signal called
because a large fire requires calling additional
firefightings and equipment

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VERTICAL SHAFT - An enclosed vertical space of
passage that extends from floor to floor, as well
as from the base to the top of the building.
VENTILATION - A fire-fighting operation of
removing smoke and heat from the
structure by opening windows and doors or
making holes in the roof.
LAMP BLACK – produced by burning of low
grade heavy oils or resinous or tarry materials
with sufficient air. (soot)
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KINDS OF VENTILATION:
1. VERTICAL VENTILATION– clearing of smoke

and heated gases at the highest point of the
roof.
2. HORIZANTAL VENTILATION – clearing of
smoke and heated gases by opening windows
on the side of the building.
3. FORCED VENTILATION – clearing of smoke
with the used of smoke ejector.
Rekindle – a return to flaming combustion after

apparent but incomplete extinguishment.
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SMOKE EJECTOR

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• FIRE EXTINGUISHER = a portable
metal devise or wheeled apparatus used
for putting out small fire.
• FIRE HYDRANT = mechanical device
strategically located in an installation or
street where fire hose is connected so that
water with pressure will be available to
extinguish fire.

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• Automatic Water Sprinkler = one of
the most effective fixed installation for
controlling fire which will discharge water
into incipient fire from heads located near
the ceiling.

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LADDER - equipment made of trussed or solid
beam where rungs are connected horizontally to
the beam forming ascent or descent. (24.6ft)
RUNGS - the cross numbers piece (cross bar)
between the beam and used in climbing the
ladder.
Bed ladder– the lowest section of an extension
ladder.
Fly Ladder- the upper section of an extension
ladder.
JUMPER - is a piece of metal or an electrical
conductor used to bypass a safety device in an
electrical
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ARSON
INVESTIGATION

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What is Arson?
- consists of the willful and malicious
burning of all kinds of buildings and
structures including personal property.
What is INVESTIGATION?
- is the process of inquiry conducted in
order to determine what is need to know
and proven.

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Arson Investigator – a person from Bureau
of Fire Protection who is trained and
tasked to investigate the causes of
fire and to file proper charges in
court. Also known as Arson Prober or Fire
Prober or Fire Investigator.

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• 1. In arson investigation, it must be
established that there was a fire. You can
do this through witnesses, fire records
and photographs.
• 2. The big question arises. Is the fire of
accidental or incendiary origin? The
investigator and the pathologist must work
just as diligently to prove accidental origin
or incendiary origin. Their only obligation
is the true facts.

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What constitutes Arson?
• Burning - to constitute burning, there must be some
burning or charring, its identity changed.
• Willfulness – means intentional and implies that the act
was done purposely and intentionally.
• Malice – denotes hatred or ill will or a desire for revenge.
Deliberate intention of doing unjustified harm for the
satisfaction of doing it.
• Motive – is the moving cause which induces the commission
of a crime. Something that leads or influences a person to do
something.
• Intent – is the purpose or design with which the act is done
and involves the will. An essential element of crime, motive
is not.
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Why is Arson very hard to investigate?
(CLE-0414)
• Arson is one of the most difficult offenses

to investigate because the arsonists is able
to set a fire and can escape undetected.
• The fire can consume the scene and
destroy much physical evidence of the
offense.
• Harder forms of evidence are often buried
in debris and grossly altered in appearance
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What constitute burning?
• The mere fact that a building is scorched or
discolored by heat is NOT SUFFICIENT
nor will bare intention or even an attempt
to burn a house amount to arson, if no part
of it is burned.
• Yet, if there is actual ignition of any part of
the building, arson is committed, although
there be no flame or the fire immediately
goes out of itself.
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• To burn means to consume by fire. In the
case of arson, if the wood is blackened
but no fibers are wasted, there is no
burning.
• But the wood need not be in flame or blaze,
and the burning of any part, however, small
is sufficient to constitute arson, and if the
house is charred in a single place so as to
destroy the fibers of the wood, it is
sufficient to constitute arson.

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STAGES OF
COMMITTING ARSON

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ATTEMPTED ARSON
• In attempted arson, it is not necessary that
there be a fire before the crime is
committed.
• No hard and fast rule is laid down by the
law as to the requirements for attempted
arson. The peculiar facts and circumstances
of a particular case should carry more
weight in the decision of the case.

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EXAMPLE:
• Ador, with the intention to burn a wooden
structure, collects some rags, soaks them
in gasoline and places them beside the
wooden wall of the building. When he is
about to light a match to set fire to the
rags, he is discovered by Kardo who
chases him away.

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• The crime committed is attempted arson.
• the offender begins the commission of
the crime directly by overacts (placing the
rags soaked in gasoline beside the
wooden wall of the building and lighting a
match).
• But he does not perform all the acts of
execution (the setting of the fire to the
rags) due to the timely intervention of
another who chases away) the offender.

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Frustrated Arson
• EXAMPLE :
Vincent Coks already set fire to the
rags soaked with gasoline and put it near
the partition of an inhabited house before
he leaves the premises without knowing
that before any part of the building was
burned, the flaming rags has been
extinguished by Leonardo Pelayo, the
house owner.
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• In Frustrated Arson, the fact of having set
fire to some rags soaked in gasoline and
placed near the partition of an inhabited
house, should not be qualified as a
consummated arson in as much no part
of the house had begun to burn,
although fire would have started in the
said partition had it not been extinguished
on time.
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Consummated Arson
• The offender did in fact set fire to the roof of the
house and said house was partially burned. The
crime was consummated arson, notwithstanding the
fact that the fire afterwards extinguished for once it
has been started, the consummation of the crime of
arson does not depend upon the extent of the
damage caused.
• 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 vs.
Goo Foo Suy)
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Basis of Liability of Arson:
• Kind and character of the building,

whether of public or private ownership.
• Its location, whether in an uninhabited
place or in a populated place.
• Extent of damage caused; and
• The fact of its being inhabited or not.

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MOTIVES OF ARSON
What is MOTIVE?
= It is the moving cause which induces a
person to commit a crime.
Is motive necessary to be proven in

criminal proceedings?
= The motive is not necessary to be proven

in criminal cases for it is not an element of a
crime.
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Motive vs. Intent
MOTIVE INTENT
Not a material element An element of crime
of crime . Motive is not especially in the crime of
an element in proving Arson.
the crime of arson. Even
if motive is not
established, the accused
can still be convicted
MOTIVE is what induces INTENT is the purpose of
the criminal. design with which the
act is done and involves
the will.
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• NOTE:
= Motive is not necessary to be
proven in criminal proceedings but
once motive is shown, then intent
can easily established
• When does MOTIVE necessary?

= When there is no positive
identification of the perpetrator or
suspect.

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Motive can be established by:
I. ECONOMIC GAIN or PROFIT - most common motive of
arsonist. (CLE -0414)
A. INSURANCE FRAUD with the assured directly
benefiting:
1. DESIRE TO MOVE – the premises may no longer be
desirable because of the condition of the building, the fact
that the quarters are outgrown or because of the locality.
2.DISPOSING OF THE MERCHANDISE– the stocks on
hand may have lost value by reason of the seasonal
nature of the business, obsolete, scarcity of materials
necessary to complete the contracts, overstock in the
absence of expected order or a changing market.
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.3. PROPERTY TRANSACTION – the
business itself may no longer be desirable
because of impending liquidation,
settlement of an estate of which it is a
part, the need for cash, prospective
failure, the comparatively greater value of
the land, or the comparatively greater
value of the insurance benefits.

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B. Profit by the Perpetrator other than the assured:
• Insurance agents wishing business

• Insurance adjusters desiring to adjust a
loss by securing a contract.
• Business competitors
• Persons seeking jobs as protection
personnel
• Contractors wishing to rebuild or wreck

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II. CONCEALMENT OF CRIME: The
arsonists may set fire to a building in order
to conceal a projected or past crime.
He may wish to divert attention in order
to loot the burning premises or steal in
other places. The burning may be for the
purpose of destroying evidences.
III. PUNITIVE MEASURES
An arsonists may use fire as a means of
punishing another person for reason of
jealousy, hatred or revenge.
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IV. INTIMIDATION or ECONOMIC DISABLING
The fire may be used as a weapon of the
saboteurs, the strikers or the racketeers to
intimidate or to disable economically as a
step toward forcing submission to certain
demands.
V. Public Disturbance - an offender may resort
to arson as a means of a public disturbance
because a fire attracts people and
destruction causes confusion that gives rise
to attendant problems that divert police
attention.
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VI. Vandalism – is a general term denoting
intentional burning to destroy
properties.
VII. Extremist – motivated fire setting is
committed to further a social, political, or
religious purposes.
VIII. PYROMANIA - is the uncontrollable
impulse of a person to burn anything without
motivation. Pyromaniacs usually do not run
away from the fire scene, usually alone and
feel satisfied watching the flame.
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A Pyromaniac

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Types of Pyromaniac
• Abnormal Youth – epileptics, imbeciles and
morons may set fire without knowing the
seriousness of the act.
• The Hero Type – a person may set fire on a
building, subsequently pretends to
discover it and turn in the alarm so that
he will appear a hero to the public. A
person may burn a building and endeavor
to achieve spectacular rescue in order to
attract the attention of spectators.
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• Alcoholics and Drug Addicts – persons who
subject themselves to intense artificial
stimulants such as narcotics sometimes
develop a strong urge toward incendiaries.
• Sexual Deviates – some sex perverts derive
sexual stimulation from setting a fire and
watching the flame. Frequently, he is
chronic masturbator who stimulates
and enhances his sexual gratification by
means of arson.
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• In determining motive, a fire
investigator concentrates on three
major factors:
1. Points of origin of the fire

2. Modus operandi of the arsonist
3. Identify of persons who might benefits
from the fire.

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What is Point of Origin?
= In arson investigation, point of origin is

the source, the beginning and the exact
place where an unfriendly fire originates.
= In other words, at what particular place
in the building the fire started.
= The arson investigator must concern
himself with the point of origin at the fire
scene because it is the point of origin that
will tell him the cause of the fire.
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Factors to be considered in determining the Point of
Origin:
I. Interviewing witnesses - firefighting personnel,

the occupants, the discoverer of the fire, the
passerby and others. These witnesses will give
testimonies to facts that cannot only pinpoint
the origin of the fire but they can also provide
information relative to the fire in its incipient
stages.

09/08/2020 MSCJ 89
II. Low point of Burning – the lowest point of
burning should be given first
consideration when locating the point of
origin of the fire. The single most
significant fact that assists the
investigator is that fire normally is burn
upward. (CLE-1014)
III. Charring Pattern – the lowest point of
burning will indicate a deeper char.
(alligatoring)
09/08/2020 MSCJ 90
Important reasons for determining the Point of
Origin in the Investigation of Arson:
• Fire Prevention and Saving of Lives – statistics

and lessons learned from tragedies will help
prevent additional catastrophes.
• To establish the Fact that the fire was of incendiary
origin – the law prescribes that every fire is
presumed to be of an accidental nature.
This presumption has to be overcome before
the investigator can make an arson case.

09/08/2020 MSCJ 91
• To establish the corpus delicti – the difficulty in
knowing the point of origin arises when a
fire occur in a totally consumed factory or
building because what the investigator will
find at the fire scene are piles of debris. The
physical evidence of the offense are
destroyed and even grossly altered in
appearance.
• But in a small fire, the point of origin can
easily be established by an investigator
armed only with basic fundamentals.
09/08/2020 MSCJ 92
What is Corpus Delicti?
• CORPUS DELICTI - is the body of the crime
or the fact that injury or loss was sustained by
reason of the crime committed.
• In arson case, it encompasses the fact that the
building/property in question was burned.
• The mere confession of a person with respect to
burning is not sufficient proof of guilt unless the
Corpus Delicti has been established. There must
be burning and criminal design.

09/08/2020 MSCJ 93
What is a Fire Scene?
• A fire scene is the location in which a fire occurred.
• It is also the central location of a fire from which
subsequent investigate efforts will begin.
What is meant by Preserving the Scene?

• Preserving the fire scene means to keep the site of the
fire in the same physical condition as it was left by the
perpetrator.
• To prevent obliteration, deterioration and destruction of
tangible clues and to preserve evidential value of
physical evidence.

09/08/2020 MSCJ 94
Arson Evidence that a Prober should seek at
the fire scene:
1. Usually rapid spread of the fire.
2. Where it originates?
3. Separate fires – when two or more separate fires break-
out within a building, the fire is certainly suspicious.
4. Unusual odors – the odor of gasoline, alcohol, kerosene
and other inflammable liquids are indicated by their
characteristics and oftentimes, arsonists are trapped
because of this tell tale signs.
5. Objects that appear to be foreign to the scene such as
cams, candles, matches, explosives, electrical
appliances such as irons, heating elements, clocks,
radios, flammables, trailers, etc.
09/08/2020 MSCJ 95
6. Charring pattern - may indicate certain fire
characteristics. The fact that the fire feeds
on combustible while propagating itself
indicates that the char will generally be
deepest from where the fire originates.
 When a fire is extinguished quickly, the
charring is only slightly below the surface.
 Fire burning for a longer period of time
will indicate a char that is deep and
pronounced. These facts are most
apparent in the charring of wood as a fire
burns.
09/08/2020
MSCJ 96
 The charring from fire on wood will looks
exactly like the side of a black alligator. Fire
extinguished quickly on wood will show a large
alligatoring pattern that has not penetrate the
wood to any extent.
 Fire burning for a long period of time on wood
will show small alligatoring pattern but the char
will go deep into the wood.
 The direction of fire can also be taken into
consideration with charring. The exposed side of
a combustible will have a deeper char than the
unexposed side.
09/08/2020 MSCJ 97
7. Evidence of forcible entry or lack of same may be
important depending on the circumstances at the time of
fire.
 If the investigator determines there was no forcible
entry and finds that circumstances at the time of fire, he
can reasonably suspect there is possibility that the
person who sets the fire entered the building with a key.
 Doors and windows showing signs of forced entry may
point to arson preceded by burglary or arson by
someone without a key to the premises.
 In the search for evidence, the investigator should
attempt to determine if money, personal property or
other valuables are missing because these points could
lead him to establish motives in the commission of the
crime. Emerson C. Avendaño,RCrim, CST,
09/08/2020 MSCJ 98
Searching the Fire Scene
• After the fire scene has been firmly secured, it must be
searched.
• The investigation is carried out to obtain all available
physical evidence such as weapons, clothing, fingerprints,
footprints, tire marks, charred, burned materials or any
other investigative lead which might help to achieve a
successful conclusion to the case.
• Searching the fire scene is not confined to the specific
area of the fire itself. It may be extended along the path
of approach and follow the line of flight of the perpetrator.
• Quite frequently, a criminal may discards or accidentally
drops an item which may be found to be valuable
evidence such as wearing apparel or instrumental in
obtaining identification.
09/08/2020 MSCJ 99
Methods of Searches
• Quadrant Search (CLE1014)– also known as “zone
method”, conducted wherein the crime scene is divided into
four quadrants with one searcher assigned to each area.
• Strip Search – also known as “Line method”, searchers
proceed simultaneously along the trail parallel to one side of
a rectangle.
• Spiral Search – searchers follow each other in the trail of
spiral which starts on the outside and moving towards the
center.
• Wheel Search – for oval or circular fire/crime scene,
searchers gather at the center and move along the spokes of
radii.
09/08/2020 MSCJ 100
Colors and Characteristics of Smoke:
• Characteristics and color of the smoke or other
vapors which emanate from the fire may indicate
the nature of burning substances.
• 1. Steam and Smoke – indicate that humid
substance come in contact with combustible
substances. The water present in humid
substances evaporates before the substance
begins to burn.
• 2. White Smoke – indicates the presence of
phosphorous.
09/08/2020 MSCJ 101
3. Grayish Smoke – may be caused by flying ashes
or soot of loosely packed substances such as
straw or hay.
4. Black Smoke – indicates burning materials of a
product with petroleum base such as rubber,
tar, coal, turpentine or petroleum.
5. Biting Smoke – irritating the nose and throat and
causing lacrymation (pertaining to tears) and
coughing indicates presence of chlorine.
6. Reddish-brown or Yellow Smoke – indicates the
presence of nitrates or substances which are
compounded with nitrates, such as nitric acid,
plastics, film.
09/08/2020 MSCJ 102
09/08/2020 MSCJ 103
• 7. Color of the Flame – is a good indication
of the intensity of the fire, an important
factor in determining incendiaries: (CLE-
1014)
• 8. Size of Fire – is important when

correlated with the type of alarm, the time
received and the time of arrival of the first
five apparatus.

09/08/2020 MSCJ 104
• 9. Intensity – the degree of heat given off by a
fire and the color of its flame indicate that some
accelerant have been added to the material
normally present in a building.
• 10. Odor – odor of gasoline, alcohol, kerosene and
other inflammable liquids which are often used as
accelerants indicate certain characteristics, thus
arsonists are trapped because of this tell-tale sign.
• 11. Other suspicious circumstances – such as
interested bystanders, familiar faces and discovery
of some objects which might be part of a
mechanical fire-setting device among the debris.

09/08/2020 MSCJ 105
09/08/2020 MSCJ 106
LAWS ON ARSON

09/08/2020 MSCJ 107
The Revised Penal Code
• Articles 320 to 326-b, RPC – these articles are
expressly repealed by Section 9, PD 1613,
March 7, 1979 due to the alarming increase of
suspected arson cases during the past few
years; a clamor was generated to update the
law on arson here in our country.
• PD 1613 – Amending the Law on Arson
• PD 1744 – Amending Art.320-RPC
• PD 1185 – Fire Code of the Philippines
• RA 9514 – Revised Fire Code of the Philippines
09/08/2020 MSCJ 108
Presidential Decree 1613
Section 2. Destructive Arson. The penalty of
Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the
property burned is any of the following:
• 1. Any ammunition factory and other
establishment where explosives, inflammable or
combustible materials are stored.
• 2. Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
09/08/2020 MSCJ 109
• 3. Any church or place of worship or other building
where people usually assemble.
• 4. Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of persons
or property
• 5. Any building where evidence is kept for use in any
legislative, judicial, administrative or other official
proceedings.
• 6. Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or private
market, theater or movie house or any similar place or
building.
• 7. Any building, whether used as a dwelling or not,
situated in a populated or congested area.
09/08/2020 MSCJ 110
A train bound to bicol was intentionally
burned by a person resulted to the death
of its driver. What is the crime committed?
a. Arson with Homicide

b. Damage to property
c. Murder
d. Arson only

09/08/2020 MSCJ 111
• Section 3. Other Cases of Arson. The penalty of
Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the following:
1. Any building used as offices of the government or
any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop,
grain field, orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or
warehouse
09/08/2020 MSCJ 112
Special Aggravating Circumstances in
Arson. The penalty in any case of arson
shall be imposed in its maximum period;
1. If committed with intent to gain;

2. If committed for the benefit of another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of
the property burned;
4. If committed by a syndicate.
09/08/2020 MSCJ 113
• Where Death Results from Arson. If by reason
of or on the occasion of the arson death results,
the penalty of Reclusion Perpetua to Death shall
be imposed.
CASE:
Where XX killed WW and CC, husband and
wife, and after killing, XX set a fire to the victims
house, without knowing that a three days old
infant is inside. The child perished in the fire as
well as its parents lifeless bodies inside the house.
a. What crime is committed?
Answer: The killing of WW and CC was murder
and the burning of the house and child was arson.
09/08/2020 MSCJ 114
Reasons:
 Murder would exist if the killing were the
intention of the suspect and the burning is
resorted only as a means of accomplishing his
purpose.
 Arson is itself the end and death is a mere
consequence. The crime in such case was
arson only absorbing homicide.
 If the crime of ARSON was employed by the
offender as a means to kill the offended party,
the crime committed is MURDER.(Art.248RPC)
09/08/2020 MSCJ 115
• When the burning of the property was done by the
offender only to cause damage but the ARSON
resulted to the DEATH of person, the crime
committed is still ARSON because death of the
victim is a mere CONSEQUENCE and not the
intention of the offender.
NOTE:
• There is no special complex crime of Arson with
Homicide.
• What matters in resolving cases involving arson
is the CRIMINAL INTENT of the offender. The crime
is still Arson but it has a mandatory penalty of
death (as amended by RA 9346).
09/08/2020 MSCJ 116
Chris Repato, with the hope of collecting
insurance money, ordered Leonardo Filatio and
the rest of his men to set on fire his very own
sugar cane plantation. In the course of fire, the
nearby pineapple plantation owned by another
person was also burned. What crime is
committed?
A. other forms of destruction

B. arson
C. malicious mischief
D. damage to property
09/08/2020 MSCJ 117
• Art. 325. Burning one’s own property
as a means to commit arson. – Any
person is guilty of arson or causing great
destruction of the property belonging to
another eventhough he shall have set
fire to or destroyed his own property for
the purposes of committing the crime.

09/08/2020 MSCJ 118
CASE:
Roberto moved by the passion of
jealousy against Paul on account of his
amorous relations with Anthonete
(Roberto’s wife), destroyed with a bolo
one of the partitions of Paul’s house and
burned. But as wind as then blowing in
the direction of the house, this was also
burned.
Answer:
• ARSON THROUGH RECKLESS IMPRUDENCE
09/08/2020 MSCJ 119
PRIMA FACIE EVIDENCE OF ARSON
What is Prima Facie Evidence?
- An evidence at which standing alone,
unexplained and uncontradicted is sufficient to
maintained the proposition affirmed.
prima facie evidence of arson:
• 1. If the fire started simultaneously in more
than one part of the building or establishment.
(CLE-0414)
• 2. If substantial amount of flammable
substances or materials are stored within the
building not necessary in the business of the
offender nor for Emerson
household use.
C. Avendaño,RCrim, CST,
09/08/2020 MSCJ 120
• 3. If gasoline, kerosene, petroleum or other
flammable or 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. If the building or property is insured for

substantially more than its actual value at the
time of the issuance of the policy.
09/08/2020 MSCJ 121
• 5. If during the lifetime of the
corresponding fire insurance policy more
than two fires have occurred in the
same or other premises owned or under
the control of the offender and/or insured.
(CLE-0414)
• 6. If shortly before the fire, a substantial
portion of the effects insured and stored
in a building or property had been
withdrawn from the premises except in
the ordinary course of business.
09/08/2020 MSCJ 122
7. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the
offender or for the safety of the person or
property of the victim.

09/08/2020 MSCJ 123
• Section 7. Conspiracy to commit Arson. =
Conspiracy to commit arson shall be punished by
Prision Mayor in its minimum period.
• SECTION 8. Confiscation of Object of Arson.

The building which is the object of arson
including the land on which it is situated shall be
confiscated and escheated to the State, unless the
owner thereof can be prove that he has no
participation in or knowledge of such arson
despite the exercise of due diligence on his part.
09/08/2020 MSCJ 124
BUREAU OF FIRE PROTECTION
- Standard Operating Procedure-
BFP – SOP # 2008 -01

09/08/2020 MSCJ 125
BFP-SOP (Salient Features)
CRIME OF ARSON:
• Burden of proof
• Quantum of evidence
• Maximum highest penalty

09/08/2020 MSCJ 126
II. PURPOSE
• A. To have a uniform and systematic
procedures in the conduct of fire and arson
investigation from the BFP National Headquarters
down to the lowest investigation and intelligence
units, to include the prompt submission of fire
investigation reports.
• B. To have a clear and explicable guidelines in
conducting fire and arson investigation and the filing
of the necessary complaint documents before the
office of the City/Provincial Prosecutor.
• C. To ensure the quality and value of the
investigation being conducted by all BFP fire and
arson investigators and to expedite the investigation
process and disposition MSCJ
09/08/2020
of fire and arson cases. 127
III. INITIAL ACTIONS DURING FIRE
ALARM
• Upon the notification of a fire call or fire
incident, the duty Fire Arson Investigator
(FAI) who has jurisdiction over the
location of the fire incident shall
mandatory to immediately respond at the
soonest possible time.
• The conduct of initial inquiry through
interview and elicitation from all available
witnesses at the fire scene must be done
instantaneously.
09/08/2020 MSCJ 128
• Section 2. – As soon as the area of origin
or the focal point of the fire is
ascertained, the FAI shall make
necessary coordination with BFP
firefighting personnel to include the
volunteer fire brigades to exert diligent
and careful efforts in the conduct of fire
suppression operation in the identified
AREA OF ORIGIN to preserve the
EVIDENTIAL VALUE and the focal point of
the fire that might be destroyed due to
excessive flooding in the area.
09/08/2020 MSCJ 129
• Section 3. – The fire scene should be
well protected and secured. Coordination
with the local police units or barangay
personnel should be done in order to
secure the fire scene from looters and
other persons who has intention of
entering the burned premises, so as to
avoid contamination of the fire area.

09/08/2020 MSCJ 130
• Section 4. – In the event that the FAI
discovered SUSPECTED HAZARDOUS
MATERIALS / suspected illegal or
regulated chemicals, during the conduct of
investigation of the burned premises, the
circumstances shall be immediately
reported to proper office ( e.g: BFP
Hazardous Materials Office, or other
law enforcement agency).

09/08/2020 MSCJ 131
• Section 5. – Once the Fire Ground
Commander (FGC) declared “FIRE OUT”
the FAI shall take cognizance the
responsibilities of PROTECTING and
SECURING the whole fire scene by sealing
/ closing the perimeter with barricade tape
(Fire Lines). Posting of uniformed BFP
personnel for security purposes may also
be carry out as deemed necessary.

09/08/2020 MSCJ 132
FIRE REPORT CLASSIFICATIONS
AND REPORTING SYSTEM
• A. Spot Investigation Report (SIR) – Shall
be made and accomplished by the FAI
concerned during the actual response to
a fire incident. The SIR should contain
basic information about the fire
incident.
• All SIR must be submitted
IMMEDIATELY (within 24 hours) to
respective fire marshals.
09/08/2020 MSCJ 133
• The respective OFFICE OF THE REGIONAL
DIRECTOR FOR FIRE PROTECTION shall
then submit the consolidate SIR to the
office of the IID – BFP National
Headquarters in BI-MONTHLY basis
(every 15th and 30th day of the
month) thru mail courier, for recording
and proper disposition.

09/08/2020 MSCJ 134
• B. Progress Investigation Report
(PIR) – Shall be made and accomplished
by the FAI concerned after the conduct
of follow-up investigation was made.
• The PIR or any succeeding PIRs (2nd PIR)
shall be accomplished within 7 to 15
days.

09/08/2020 MSCJ 135
• C. Final Investigation Report (FIR) –
Shall be made and accomplished by the
FAI concerned upon the completion of
the exhaustive investigation.
• All completed FIR should be signed by the

concerned FAI and its respective Chief of
the Investigation and Intelligence Office.

09/08/2020 MSCJ 136
• The FIR should be submitted the soonest
time the case was resolved by the
investigating office handling the case.
• The maximum allowable time for the
investigating body to submit the FIR shall
be 30 to 45 DAYS commencing from the
first day of investigation.
• On the given period, the FAI shall already
come up with a proper RESOLUTION or
RECOMMENDATION about the case being
investigated.
09/08/2020 MSCJ 137
• FIR shall be accomplished in five (5) complete
copies for distribution to:
• 1. Office of the Chief, BFP thru the office of the
Investigation and Intelligence Division, BFP
National Headquarters;
• 2. Office of the Regional Director for Fire
Protection;
• 3. Office of the District / Provincial Fire
Marshal;
• 4. Office of the City / Municipal Fire Marshals.

09/08/2020 MSCJ 138
• D. Fire Incident Investigation Report
(FIIR) – This kind of investigation report
can only be made in such circumstances
that the investigation report cannot be
completed for some reasons independent
to the will of the FAI.
• FIIR can only be accomplished in fire
cases with UNDETERMINED cause and
this kind of case should be considered as
ON PENDING INVESTIGATION,
subject to REOPENING in circumstances
that relevant evidence and / or a witness
shall surface in the future.
09/08/2020 MSCJ 139
THANK YOU FOR
LISTENING!!!

09/08/2020 MSCJ 140

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FIRE TECHNOLOGY

Emerson C. Avendaño,CST, MSCJ

Emerson C. Avendaño,RCrim, CST,

• Exothermic reactions – are those that

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Materials prone to spontaneous combustion:

Emerson C. Avendaño,RCrim, CST,

• FREE RADICALS - Refers to gases

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

III. ELECTRICAL HEAT ENERGY – produced when

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Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

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Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

IV. Undetermined Fire Cause –

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Dry Chemicals– ABC extinguisher, interrupting

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

1. VERTICAL VENTILATION– clearing of smoke

Rekindle – a return to flaming combustion after

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

• Arson is one of the most difficult offenses

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

• Kind and character of the building,

Emerson C. Avendaño,RCrim, CST,

Is motive necessary to be proven in

= The motive is not necessary to be proven

• When does MOTIVE necessary?

Emerson C. Avendaño,RCrim, CST,

Emerson C. Avendaño,RCrim, CST,

• Insurance agents wishing business

Emerson C. Avendaño,RCrim, CST,