SOP 2023 001 Standard Operating Procedure On Fire Investigation
SOP 2023 001 Standard Operating Procedure On Fire Investigation
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Department of the lnte.ior and Local Government
BUREAU OF FIRE PROTECTION
NATIONAL HEADQUARTERS
Agham Road, Brgy- Bagong Pag-asa, Quezon City
Teleiax Number: (02) 426 - 4399
Email: [email protected]
11 OCTOB ER 2023
I. REFERENCES
I!. RATIONALE
Akin to the BFP organization, fire and arson investigation and the
necessary judicial procedures that ensue, are likewise dynamic. The
developments warrant a review and revision of the operational concepts in
the field of fire and arson investigation, with due consideration of the factual
circumstances confronting BFP Fire and Arson lnvestigators (FAl) and the
acknowledgment of the authority of the BFP Offices having jurisdiction over a
fire case.
ln this light, the BFP can look fonvard to a strengthened and improved
performance of its investigative mandate with the timely revision of the SOp
to conform with the demands of the present times.
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III. PURPOSES
This SOP shall govem the conduct of fire and arson investigation in all
BFP offices and stations. The provisions herein shall be applied by all BFp
officers and personnel assigned at any BFP lnvestigative Office.
V. DEFINITION OF TERMS
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J. Fire lncident Certification (FlC). A written document issued, upon
request, by the office with jurisdiction to the interested parties who were
affected by a fire incident for records purposes and other lawful actions.
K. Head of Office. The term refers to the Chief, BFP, Regional Directors,
District / Provincial Fire Directors, and the City / Municipal Fire Marshals.
L. Highly sensationalized. Fire cases involving the lives and properties of
high-profile personalities; high value properties of economic impact;
multiple casualties, especially those that may be subject to inquiries in aid
of legislation; and those that may be considered a national issue and has
an impact on national security.
M. lnterested Party. Any person, entity, or organization, including their
representatives, with statutory obligations or whose legal rights or
interests may be affected by the investigation of a specific incident.
N. Multiple Casualties: Ten (10) or more fatalities.
O. Original jurisdiction. Authority to be the first to investigate a fire case.
P. Point Of Origin. The exact physical location within the area of origin
where a heat source and the fuel interact, resulting in a fire or explosion.
Q. Propefi Recovery and Clearing Permit (PRCP). A written document
issued, upon request, by an office with jurisdiction to property owners
affected by a conflagration for purposes of gaining entry to recover and
salvage belongings within the burned premises.
R. Summary Report of Findings. A written document that ouflines the facts
and specific findings of a given fire case. This is issued to interested
parties in lieu of the Final lnvestigation Report (FlR) for information
purposes and in cases when the requesting party does not meet the
specific purpose for the issuance ofthe FlR, per se.
S. Territorial Jurisdiction. Authority to investigate a fire case that
transpired within its area of jurisdiction.
A. General Provisions
a The BFP shall have the authority to investigate all fire incidents
notwithstanding the concurrent jurisdiction of other government agencies
with investigative mandate, specifically in cases of fatal fires, aircraft fires
and vessel fires, whether docked i anchored in ports, or in the course of
its navigation. lnvestigative activities of each participating agency shall be
limited to what's provided for under its respective mandate. The lines of
coordination and cooperation between concemed agencies shall be
/
based on existing agreements undertakings entered upon by the
parties.
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c. Fire incidents involving PEZA Zones, freeport zones and / or special
economic zones are within the investigative authority of the BFP. The
BFP must exercise its investigative mandate on incidents within such
zones / establishments. (Attached as Annex'C",s the Legal Opinion from
the Legal Seruice, BFP NHQ dated 27 June 2A22)
B. lnvestigative Authority
1. Exercise original jurisdiction over all fire incidents within its area of
responsibility regardless of the estimated amount of damage to
property;
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e. Fire cases which occurred within an area under the Philippine
Economic Zone Authority (PEZA), freeport zones and / or special
economic zones;
t. Fire cases regardless of the number of fatalities.
ln cases attended with conflict of interest such as, but not limited to,
consanguinity or affinity, personal / professional relationship with the fire
victim, the Municipal Fire Marshal / City Fire Director may inhibit himself /
herself in the investigation and in the issuance of clearances. The District
i Provincial Fire Director shall assign a Fire Marshal I Director from
/
another station or the Provincial District Chief, lntelligence and
lnvestigation Section to lead the investigation. ln such case, a written
declaration of interest is needed to justify the appointment / assignment
of the fire case to other Municipal / City station.
The use of "may" as a modal verb means that the act of inhibition
is permissive / discretionary and not mandatory. Emphasis, however, is
given on the accountability and consequences of those who violate public
trust.
2. The fire incident occurs within two (2) distinct territories, wherein both
parties passes the authority to
claim jurisdiction over the
investigation. ln order to prevent any potential conflicts, it is
necessary to escalate the jurisdictional matter to the District I
Provincial Office; OR
3. The fire victim or any interested party challenges the findings of the
investigation conducted by the City / Municipal Stations and
subsequently requests for review or reinvestigation of the case.
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4. The fire victim or any interested party challenges the findings of the
investigation / reinvestigation conducted by the District I Provincial
Offices and subsequently requests for review or reinvestigation of the
case.
4. The fire victim or any interested party challenges the findings of the
investigation / reinvestigation conducted by the Regional Offices and
subsequently requests for review or reinvestigation of the case. The
findings of the BFP NHQ lnvestigative Team shall serve as the final
result of the investigation; OR
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5. Fire lncidents under the territorial jurisdiction of the BFP Stations /
Offices but specifically directed by the Chief, BFP, through a written
order, that the investigation be undertaken by BFP National
Headquarters.
A. General Protocols
2. The BFP Office with territorial jurisdiction over a fire incident shall
commence and complete the investigation unless prompted by the
provisions of this SOP to turn over the case to higher Office for want of
authority.
3. Every fire scene shall be treated as a potential crime scene. Unless the
contrary has been established, the fire scene must be secured from any
party or activity that may tamper upon the integrity of the pieces of
evidence contained therein.
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4. The integrig of the pieces of evidence must be maintained especially
during the process of transportation to the Fire Laboratory Service (FLS)
for analysis. Alternate means of submission, other than personal delivery
to the FLS, shall be authorized based on existing policies. However, the
handling, storage and as much as possible, the travel time, must be
within the chain of custody and laboratory standards to ensure the
integrity and preserve the evidentiary value of the submitted evidence.
5. The safety of the FAls, as well as that of the other interested parties, is
one of the primary considerations throughout the conduct of investigation.
The required Personal Protective Equipment (PPE) based on the scene
hazard/condition must be adhered lo. (Attached as Annex D is the
Memorandum dated 08 April 2019 on PPE Based on Scene Condition)
B. lnvestigativeProcess
1. Receipt of Assignment
a. Once notified of a fire call, the FAls shall proceed to the scene,
conduct initial size up / assess the fire scene, and perform
investigative actions that may be accomplished during fire suppression
operation, i.e. identification and initial interview of relevant witnesses
and coordination with relevant offices / agencies, as necessary.
b. Upon initial determination of the Area of Fire Origin (AFO), the FAI
shall coordinate with the Fire Ground Commander (FGC) for the
preservation of evidence that might be destroyed during the firefighting
operation.
c. The FAI must secure the fire scene after suppression operations and
inform all concerned persons that the fire scene is RESTRICTED
FROM ENTRY by any person until the investigation being conducted
by the BFP is completed and / or terminated. Removal or retrieval of
items stored at the fire scene, demolition, reconstruction or
rehabilitation of the fire scene is only allowed upon written
authorization from the investigating body.
d. Conduct of follow-up investigation to a fire incident shall be covered
with appropriate Letter / Mission Order signed by the respective Chiefs
of the lnvestigation and lntelligence Offices, and noted by the
respective BFP Heads of Offices.
2. Documentary Requirements
The following are the documents required from the fire victims to
completely facilitate the conduct of investigation:
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o. Approved Civil, Structural, Mechanical, Electrical and Fire Protection
Plan
p. Copy of lease contract agreement
q. Land title / tax declaration
3. Conduct of lnvestigation
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ln such case that the fire incident is suspected to be INTENTIONAL,
issuance of PRCP is temporarily RESTRICTED, until proven
otherwise. lf the fire incident is found to be intentional in nature and a
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.
4. Reporting Procedure
a. Spot lnvestigation Report (SlR) - Accomplished and submitted to
the respective Fire Directors, copy furnished the OFAID - BFP
National Headquarters for immediate information and recording
purposes, within 24 hours from the occurrence of the fire incident
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Finally, the issuance of FIR is limited to the report itself. All attachments
and substantiating documents shall remain with the BFP Station / Office
which conducted investigation, subject to presentation, authentication
and attestation once summoned by competent judicial authority. ln
addition to the aforementioned, particular attention must be given to the
provisions of the Freedom of lnformation Law on those documents which
are not subject for release to the general public.
5. Determination of Liability
6. Reinvestigation
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c Reinvestigation may be undertaken by the Office of original
jurisdiction, provided that there are no incidental issues in violation of
protocols and / or standard procedures. Otheruise, it must be taken
cognizance of by higher investigative offices. ln all cases, the
Regional Director / Chief, BFP, as applicable, must be formally
informed and must approve the reinvestigation prior its
commencement.
f. The reinvestigation shall not exceed thirty (30) working days from the
date of the issuance of the order to reinvestigate, unless otherwise
provided in the Letter / Mission Order. Requests for extension may be
approved, provided that such must be justified accordingly.
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ii. ln case of hazardous material incidents and gas leak and / or gas
explosion incidents, clearance from the BFP responding unit or
the BFP Special Rescue Force, as applicable, must be obtained
prior entry to the involved establishment. This is to ensure that all
BFP investigative units will be working on a safe environment.
2. The FAI can effect arrest on any suspecUs who is I are positively
identified by a complainant or witnesses to be the one who perpetrated
the commission of the crime, subject to the provisions of the law on valid
wanantless anest and in observance of the arrested individual's rights.
The time frame provided under Article 125 of the Revised Penal Code
must be taken into account.
2. Reassigned FAls with fire-related case/s pending before the Office of the
City / Provincial Prosecutor or any courts of justice shall still attend court
duties when specifically summoned by a competent judicial authority. The
order of reassignment shall be presented upon appearance for
information and necessary action of the City / Provincial Prosecutor or the
Presiding Judge in case there are succeeding proceedings.
IX. GENERALRESPONSIBILITIES
A. Directorate for lntelligence and lnvestigation - The Dll shall monitor and
evaluate the implementation of this SOP by all BFP Offices. The
aforementioned office may also be sought to provide technical
knowledge, assistance, suggestions and recommendations to all BFP
Offices on matters related to investigation.
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B. Heads of BFP Offices - The heads of BFP Offices shall monitor and
supervise the dissemination and implementation of this SOP by all FAls
within its area of jurisdiction.
X. SANCTIONS
This SOP specifically repeals BFP SOP Number 2008-01 and all
inconsistent provisions of the BFP Operational Procedures Manual of 2015.
All other previous issuances or policies not consistent with this SOp are
hereby rescinded or modified accordingly.
XIIl. EFFECTIVITY
This SOP shall take effect fifteen (15) days from filing a copy thereof at
the University of the Philippines Law Center in consonance with Sections 3
and 4, Chapter 2, Book Vll of Executive Order No. 292, othenivise known as
"The Revised Administrative Code of '1987".
OU U cAN, CEO Vl
FIR DIR oR (DSC)
ief, BFP
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