Fire Investigation

Lesson 13
I.GENERAL
As mandated by the provisions of Section 50, Rule VIII, Implementing
Rules and Regulations of Republic Act 6975, otherwise known as the
Department of the Interior and Local Government Act of 1990, stipulates
among others that the Bureau of Fire Protection shall have the power to
investigate all causes of fire and if necessary, file the proper complaint
with the City or Provincial Prosecutor’s Office which has jurisdiction over
the case. The tasks and responsibility of the fire arson investigators are
not only limited in conducting exhaustive investigations and filing of
complaints to the prosecutor’s office but also includes the appearance
and giving of testimonies before the court of law during legal
proceedings.
The criminal offense of Arson is punishable under the Revised Penal Code
particularly Articles 320 to 326-B as amended by Presidential Decree 1613,
1744 and Section 10 of Republic Act 7659 (Heinous Crime Law). As provided
by law it is the prosecution who has burden of proof and the quantum of
evidence is proof beyond reasonable doubt. Once proven, the maximum
highest penalty for its commission is life imprisonment under the present
rule since the abolition of the death penalty law.

Arson is a classic heinous crime that requires skillful, scientific and

systematic investigation procedure thus, the respective chiefs of the
investigation and intelligence offices of the BFP are joined closely
supervise the conduct of the investigation in order to attain effective and
plausible results.

This BFP Standard Operating Procedure Nr. IID 2008 – 01 shall be known as:
OPERATIONAL STANDARDS ON COMPREHENSIVE FIRE AND ARSON
INVESTIGATION AND FILING OF CRIMINAL COMPLAINT PROCEDURES.
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.
II. PURPOSE
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 of fire and arson cases.
III. INITIAL ACTIONS DURING FIRE ALARM
During the occurrence of a fire incident, the following initial
actions should be assumed by the fire arson investigator.
Section 1. – 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.
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.
Section 3. –. Coordination withThe fire scene should be
well protected and secured 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.
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).
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.
IV. DUTIES OF THE FIRE ARSON INVESTIGATOR

The following are the mandatory duties of the Fire Arson

Investigators conducting thorough investigation on the fire scene:
Section 1. – Shall perform systematic scientific examinations and
visual reconstruction of the fire scene. This is also to include the
COMPLETE DOCUMENTATION AND PROPER RECORDING of the fire
area by the use of photography, diagrammatic sketch and notes. The
diagrammatic sketch should clearly depict the FIRE SCENE, its AREA /
POINT OF ORIGIN, AREA MEASUREMENTS, LOCATION OF EVIDENCE
and other important details.
Section 2. – Conduct interview to all witnesses. The interview
should be done in QUESTION AND ANSWER FORM and shall be
done under oath preferably by a person of authority whenever
available, or be administered by the concerned BFP officer with
the rank of INSPECTOR and above. The authority of a BFP officer
to administer oath is pursuant to the provisions of Chapter III,
Section 50 of R.A. 6975. All witnesses to be conducted with a
formal interview shall be FORMALLY INVITED to the fire station /
investigation office concerned in a form of INVITATION LETTER.
Section 3. – Conduct THOROUGH ANALYSIS of the fire scene in order to
identify the IGNITION SOURCE, initial materials ignited and other factors
which bring them together to produce a fire.

Examination of FIRE SPREAD and FIRE PATTERN which includes thermal

effects on materials such as charring, oxidation, consumption of
combustibles, smoke and soot deposits, distortion, melting effect, color
change, changes of material structure and structural collapse, must be
conducted.
Section 4. – Identify, recognize and collect physical evidence found at the
fire scene that have PROBATIVE VALUE on fire cause determination.
Pieces of evidence to be collected shall be photographed first and shall be
collected in the presence of witnesses independent to the investigating
body. PROPER DOCUMENTATION, SEALING and PACKAGING of evidence
recovered prior to submission to Arson Laboratory Section (ALS) – BFP
National Headquarters for laboratory examination shall be observed.

The FAI shall strictly follow the instructions pertaining to evidence

collection and handling as stipulated in MEMORANDUM CIRCULAR NR:
2006-01: GUIDELINES IN THE HANDLING, PRESERVATION,
TRANSPORT AND SUBMISSION OF PHYSICAL EVIDENCE AT THE ALS – BFP
NATIONAL HEADQUARTERS.
Section 5. – On the first phase of the investigation, the
FAI shall prepare the LISTING OF DOCUMENTS needed
to be accomplished / submitted by the fire victim/s,
building occupant/s and other parties affected by fire.
The required documents are as follows:
A. Affidavit of Loss pertaining to Fire Damage (itemized and duly notarized)
B. Sworn statement of loss submitted to insurance adjusters / companies
C. Latest complete inventory of stocks prior to the fire incident
D. Complete inventory of salvaged items after the fire incident
E. Complete copies of insurance policies to include co-insurances
F. Income Tax Return (ITR) for the last three (3) years
G. Financial statements for the last three (3) years
H. Balance sheets for the last three (3) years
I. Mayor’s permit and Business License
J. Occupancy permit
K. Department of Trade and Industry (DTI) registration
L. Securities and Exchange Commission (SEC) registration
M. Latest Fire Safety Inspection Certificate (FSIC)
N. Complete list of employees
O. Approved Floor, Building and Electrical Plans
P. Copy of lease contract agreement
Q. Land title / tax declaration
Section 5.1 – The above listed documents to be secured to the
fire victim will vary based on the TYPE OF UCCUPANCY or the
INVOLVED STRUCTURE gutted by fire. Any other documents
that may be irrelevant based on type of occupancy may not be
required. In addition, the FAI are also AUTHORIZE TO REQUIRE
any other pertinent documents, materials and items to the fire
victims as determined by the
FAI concerned, that will give support to the conduct of
investigation.
Section 6 – The FAI must inform all concerned persons, occupants and managements of
the burned premises that the fire scene is RESTRICTED TO ENTRY to any person until the
investigation being conducted by the BFP at the burned premises is COMPLETED and / or
TERMINATED. Any REMOVAL, RETRIEVAL of items stored at the scene of the fire,
DEMOLITION, RECONSTRUCTION and REHABILITATION of the fire scene is only allowed
upon securing approval to the investigating body through submission of a formal written
request by the fire victim. The said formal written request should contain specific purpose.
It should be addressed to the respective CHIEFS OF THE BFP INVESTIGATION AND
INTELLIGENCE OFFICES through the FIRE ARSON INVESTIGATOR handling the case. The
concerned Chief of the Investigation and Intelligence Office, together with his proper
recommendation, shall endorse the subject letter request of the fire victim to the
concerned BFP HEAD OF OFFICE, who shall then issue the PROPERTY RECOVERY AND
CLEARING PERMIT (PRCP), to the requesting party.
In such case that the fire incident is suspected to be
INTENTIONAL in nature, issuance of PRCP is temporarily
RESTRICTED, until proven otherwise. If the fire incident
is found to be intentional in nature and case was
already filed in the court of law, it will be the discretion
of the court handling the case whether to issue
appropriate document in the clearing or demolition of
the burned premises.
Section 7. – In such event that death results from a fire
incident (FATAL FIRES), the concerned FAI shall
immediately sought the assistance of the Philippine
National Police – Scene Of the Crime Operation (PNP –
SOCO), or any other legal / recognized group for lifting
and autopsy of the cadaver / body found at the fire /
crime scene.
Section 8. – All conduct of follow-up investigation to the
fire incident should be covered with appropriate
Letter / Mission Order signed by the respective BFP
Head of Office.
Section 9. – All FAI are also directed and mandated to
perform any other task as deemed essential to the
development of case build-up and the exhaustive
investigation being conducted.
V. 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 with copy furnished the OFFICE OF
THE CHIEF, BUREAU OF FIRE PROTECTION, thru fax message at the office of the
INVESTIGATION AND INTELLIGENCE DIVISION for immediate information and
recording purposes. The copy (original copy / photo copy) of the SIR of all fire
incident transpired within the respective Area Of Responsibility (AOR) shall be
consolidate and be submitted thru proper CHANNEL. The respective OFFICE OF THE
REGIONAL DIRECTOR FOR FIRE PROTECTION shall then submit theconsolidate 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.
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. The copy (original copy / photo copy) of the PIR of all fire incident
transpired within the respective (AOR) shall be consolidate and be
submitted thru proper CHANNEL. The respective OFFICE OF THE REGIONAL
DIRECTOR FOR FIRE PROTECTION shall then submit the consolidate PIR 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.
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.
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. For the lower investigating units, the 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.
The last copy (ORIGINAL or DOCUMENT ORIGINAL) shall remain in the
possession of the FAI concerned for his own personal copy and for future
verification.
No UNDETERMINED cause should be reflected in any FIR.
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.
The copy (original copy / photo copy) of the FIIR of all fire incident transpired within
the
respective AOR should also be consolidated and be submitted thru proper CHANNEL
to the higher headquarters in BI-MONTHLY basis (every 15th and 30th day of the
Month) thru mail courier, for recording and proper disposition.
VI. LEVEL OF AUTHORITY TO CONDUCT INVESTIGATION

Since fire incidents entails damages to property, the level of

authority in conducting fire and arson investigation and completion
of FIR will be based on the degree or the amount and value of the
total (aggregated) damages incurred in a certain fire incident. These
levels of authority are as follows:
A. Municipal Fire Marshal – Municipal Limit, LEVEL 1 – The municipal
level, through its MUNICIPAL INVESTIGATION AND INTELLIGENCE
UNIT (MIIU) shall have the full responsibility and power to
investigate fire incidents with a total amount of damage not
exceeding to Twenty Million Pesos (Php 20,000,000.00).
B. City Fire Marshal – City Limit, LEVEL 2 – The city level,
through its CITY INVESTIGATION AND INTELLIGENCE
SECTION (CIIS) shall have the full responsibility and
power to investigate fire incidents with a total amount
of damage not exceeding to Thirty Million Pesos (Php
30,000,000.00).
C. District Fire Marshal – District Limit, LEVEL 3 – The district level,
through its DISTRICT INVESTIGATION AND INTELLIGENCE BRANCH
(DIIB) shall have the full responsibility and power to investigate fire
incidents with a total damages amounting to above Thirty Million
Pesos (Php 30,000,000.00), but not exceeding to Forty Million Pesos
(Php 40,000,000.00). DIIB operatives can assume the conduct of
investigation on fire incidents with damages amounting to more
than 20 Million
Pesos in Municipal Levels only within their respective jurisdictions.
D. Provincial Fire Marshal – Provincial Limit, LEVEL 3 – The
provincial level, through its PROVINCIAL INVESTIGATION AND
INTELLIGENCE BRANCH (PIIB) shall have the full responsibility and
power to investigate fire incidents with a total damages amounting
to above Thirty Million Pesos (Php 30,000,000.00), but not
exceeding to Forty Million Pesos (Php 40,000,000.00). PIIB
operatives can assume the conduct of investigation on fire
incidents with damages amounting to more than 20 Million Pesos
in Municipal Levels only within their respective jurisdictions.
E. Regional Director for Fire Protection – Regional Limit, LEVEL
4 – The regional director for fire protection level, through its
REGIONAL INVESTIGATION AND INTELLIGENCE BRANCH (RIIB)
shall have the full responsibility and power to investigate fire
incidents with a total damages amounting to
above Forty Million Pesos (Php 40,000,000.00), but not
exceeding to Sixty Million Pesos (Php
60,000,000.00).
F. Chief, Bureau of Fire Protection – National, LEVEL 5 –
The Chief, Bureau of Fire Protection, through the office
of the INVESTIGATION AND INTELLIGENCE DIVISION –
BFP National Headquarters (IID) shall have the full
responsibility and power to investigate fire incidents
with a total damages amounting to above Sixty Million
Pesos (Php 60,000,000.00).
SPECIAL PROVISIONS ON CHAPTER VI OF THIS SOP:
Section 1. – In determination of the total damages incurred in a certain fire incident, the copy of
the AFFIDAVIT OF LOSS (duly notarized and itemized) from the fire victim shall prevail. The amount of
damages to be determined with regards to the Level of Authority to Conduct Investigation shall be the
TOTAL AGGREGATED DAMAGES or the TOTAL SUM OF DAMAGES of all fire victims of the subject fire
incident.
Section 2. – The fire damage estimate made by the investigating team / FAI shall not be the full
basis for determination of jurisdictional level of investigation. Be it noted that Aggregate Damages refers
to the total damage of the whole area burned, which will be used to determine the Level of Authority to
Conduct Investigation. In such circumstances that the damage to property is apparently high or
evidently beyond the level of authority of the present investigating units, the case shall be turned-over
to higher investigating unit.
Section 3. – In circumstances that the property gutted by fire is currently insured in any insurance
company, all copy of the duly accomplished SWORN STATEMENT OF LOSS submitted to the INSURANCE
ADJUSTERS by the fire victim must also FORM PART and be ATTACHED together with the AFFIDAVIT OF
LOSS submitted by the fire victim to the BFP investigating body.

Section 4. – In connection with the Level of Authority to Conduct Investigation, the concerned
office handling the investigation of the fire incident shall issue FIRE CLEARANCE CERTIFICATE (FCC) to
the
fire victim in lieu of the Final Investigation Report (FIR), for purposes of insurance claims and for other
lawful applications. FCC can only be issued to fire incidents which is ACCIDENTAL in nature. In such case
that any BUILDING PREMISES WITH MULTIPLE OCCUPANCIES were gutted by fire, the FCC should only
be issued to the concerned party where the FIRE ORIGINATED. Other occupants AFFECTED by the fire
incident shall be issued with FIRE INCIDENT CERTIFICATION (FIC) for their record purposes and other
legal use upon request.
Section 5. – Issuance of the copy of the FIR to any concerned party can only
be allowed in circumstances that RELEVANT LEGAL ISSUES and or
QUESTIONABLE MATTERS may arise. The request for FIR should be made in
writing by the requesting party and should be addressed to respective Chiefs
of BFP Offices / Fire Marshals who handled the conduct of investigation on
the fire incident for their appropriate action.
Section 6. – All written request for a copy of the FIR should COPY FURNISHED
the Chief, Bureau
of Fire Protection with attention to the office of the IID – BFP National
Headquarters, for documentary
reference.
VII. TURN OVER OF INVESTIGATION TO HIGHER HEADQUARTERS

Once a fire incident could be determined by the investigating body to be beyond their Level of
Authority to Conduct Investigation, the Conduct of Investigation, the conduct of investigation should be
immediately turned-over to the proper office concerned in a form of ENDORSEMENT, together with the
SIR and or PIR, to include all pertinent documents / attachments.

Any other recognized investigating body of the government cannot INTERCEDE in the conduct of
fire and arson investigation without formal communication to the concerned office handling the
investigation. The intercession of any investigating body of the government should have LEGAL
AUTHORITY in order to be allowed to conduct LATERAL INVESTIGATION in the investigation being
conducted by the BFP. In case that a CONTROVERSY INVOLVED and / or CONCERNING TO CONFLICTING
ISSUES arises in the conduct of investigation, subject fire incident case shall be turned over to the NEXT
LEVEL OF INVESTIGATING BODY for appropriate action and disposition. However, lower
investigating units are fully encouraged to resolve fire cases that fall within their
respective Level of Authority.
In case that a fire incident resulted to a GREAT NUMBERS OF FATALITY / MULTIPLE
DEATHS (death of 10 persons and above), or any other issues concerning to the death
of the fire victims, the investigation of the subject fire incident upon the approval of
the Chief BFP, should be turned over to the office of the IID – BFP National
Headquarters for appropriate action. Any other fire incidents shall be immediately
turned over to the higher headquarters for investigation and completion of the Final
Investigation Report upon the written order and direction of the Chief, Bureau of Fire
Protection.