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SOP 2023 001 Standard Operating Procedure On Fire Investigation

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2K views

SOP 2023 001 Standard Operating Procedure On Fire Investigation

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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Republic of the Philippines

rRt
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

Standard Operating Procedure


Number 2023-ool

STANDARD OPERATING PROCEDURE ON FIRE INVESTIGATION

I. REFERENCES

A. Chapter lV, Section 54 of Republic Act No. 6975 - Department of the


lnterior and Local Govemment Act of 1990;
B. Republic Act 11589 - An Act Strengthening and Modernizing the Bureau
of Fire Protection and Appropriating Funds Therefor and its lmplementing
Rules and Regulations;
C. BFP Operational Procedures Manual 2015;
D. BFP SOP Number llD 2008-01 otherwise known as Operational
Standards on Comprehensive Fire and Arson lnvestigation and Filing of
Criminal Complaint Procedures; and
E. NFPA 921: Guide for Fire and Explosion lnvestigations 202i Edition.

I!. RATIONALE

The Bureau of Fire Protection recognizes the emerging challenges it


faces in fulfilling its mandate due to the complex nature of the present time.
As the agency strives to become a modern fire service according to its goals,
it views these challenges as a chance to enhance current policies for better
performance in light of the circumstances.

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

A. Update existing uniform guidelines and procedures in the conduct of


investigation for implementation of all BFP investigative units;
B. Empower all BFP investigative units to enforce the investigative authority
over all cases within its area of jurisdiction, consistent with the provisions
of this SOP; and
C. Prescribe the standard forms that are required to be accomplished
throughout the investigation process.

lV. SCOPE OF APPLICATION

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

As used in this SOP, the following terms are defined:

A. BFP lnvestigative Units. This term refers to BFP lnvestigative Units in


the Municipal and City Stations, Provincial / District and Regional Offices.
B. BFP Office of Original Jurisdiction. Office or station which acquired
original jurisdiction of a fire case.
C. BFP Office of Final Jurisdiction. Office or station which took
cognizance and completed the case.
D. Chain of Custody. A record of all parties who have come in possession
of the evidence of a fire case.
E. Controversy and Conflicting lssues. Those that arise during the course
and / or after the conduct of investigation which are brought to the
attention of the Chief, BFP through multiple requests for intervention that
merits to be given due course upon review of available records and
documents.
F. Critical lnfrastructure. An asset / system, whether physical / virtual, so
essential to the maintenance of vital societal functions or to the delivery
of essential public services that the incapacity or destruction of such
systems and assets would have a debilitating impact on national defense
and security, national economy, public health or safety, the administration
of justice, and other functions analogous thereto (Sec 3.a RA 11479).
G. Fatal Fire lnvestigation. lnvestigation of fire incidents with fatalities.
H. Fire Cause. The circumstances, conditions, or agencies that bring
together a fuel, ignition source, and oxidizer resulting in a fire or a
combustion.
l. Fire Clearance Certification (FCC). A document issued, upon written
request, to the fire victims by the office with jurisdiction in fire cases
determined to be accidental in nature in lieu of the Final lnvestigation
Report (FlR), for purposes of insurance claims and other lawful
application.

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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.

VI. POLICIES AND GUIDELINES

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.

b. Fire incidents involving foreign embassies and consular offices shall be


considered outside of the Philippine jurisdiction. Fire investigation may be
conducted with the consent of the "Head of the Mission" or upon request
from the involved foreign embassy / consular office through proper
diplomatic channels with the Department of Foreign Affairs (DFA).
(Aftached as Annex "8" is the Legal Opinion from the Legal Service, BFp
NHQ dated 28 February 2022)

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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)

d. The BFP acknowledges the significance of cooperation and collaboration


with both private and governmental entities. Consequently, the BFP is
committed to steadfastly foster a robust partnership in order to enhance
and efficiently deliver its investigative mandate.

B. lnvestigative Authority

The BFP National Headquarters is vested with the inherent authority


and supervisory responsibility over the investigation of all fire incidents.
As such, hereunder enumerated BFP Offices shall exercise original
jurisdiction and carry out their investigative responsibilities in accordance
with the provisions of this policy.

ln the course of the investigation, the heads of BFP Offices


exercising original jurisdiction shall have the authority to decide and
request from the BFP Regional Headquarters for the creation of a Special
lnvestigative Task Group (SITG) when the circumstances of the case fall
under the conditions that warrant its creation. The SITG shall have a
fresh period of fofi-five (45) days to conduct the investigation and shall
be dissolved upon the completion of the case. (Attached as Annex "A" is
the Memorandum re: Creation of Special lnvestigative Task Group
(S/fG) dated 15 November 2019)

a. BFP City / Municipal Stations

The BFP City / Municipal Stations, through its City /


Municipal
lntelligence and lnvestigation Unit (C/MllU), shall perform the following
unless othenrise directed in consideration of fire incidents that
require intervention from higher offices to wit:

1. Exercise original jurisdiction over all fire incidents within its area of
responsibility regardless of the estimated amount of damage to
property;

2. Resolve all fire cases within its territorial jurisdiction. Such


includes the authority to investigate the following:

a. Fire cases involving ships or vessels, docked at seaports I


wharves or while in transit;
b. Fire cases involving an aircraft on the ground;
c. Fire cases involving forests;
d. Fire cases caused by gas leak or explosion;

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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.

b. BFP District / Provincial Office

The BFP District / Provincial Offices, through its District / Provincial


lntelligence and lnvestigation Section (D/PllS), shall after due notice to
the BFP Municipal / City Station which acquired originaljurisdiction over a
fire case, assume the conduct of investigation given the following
parameter/s is / are aftendant, to wit:

1. the City / Municipal lnvestigative


Fire cases under the jurisdiction of
Units but could not be judiciously disposed of due to political
intervention / pressure; OR

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.

c. BFP Regional Office

The BFP Regional Offices, through its Regional lntelligence and


lnvestigation Branch (RllB) shall, after due notice to the concerned BFP
office of jurisdiction, assume the conduct of investigation given the
following parameter/s is / are attendant, to wit:

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1. The involved establishment is a public property or instrumentality


necessary for the accomplishment of governmental functions,
regardless of its complexity or the initially established motive in its
commission, unless directed by the Chief, BFP that investigation be
undertaken by the BFP NHQ lnvestigative Team or the Secretary of
the DILG that the case be investigated by the lnter-Agency Anti -
Arson Task Force (]ATF); OR

2. The fire incident was established, upon initial determination by the


BFP Office of original jurisdiction, to be perpetrated by insurgents,
whether to further its political agenda or to satisfy the personal
interest of any of its members; OR

3. Fire incidents that are rendered suspicious by its surrounding


circumstances, i.e. frequency of occurrence and details of ownership;
OR

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.

d. BFP National Headquarters

The Directorate for lntelligence and lnvestigation has inherent


authority to conduct investigation and exercise control and supervision
over the actions of the lower investigative units. Henceforth, the BFP
National Headquarters shall, after due notice to the concerned BFP
Office and/or Regional Headquarters, assume jurisdiction over the
following, to wit:

1. Highly sensationalized fire incidents and I or those subjects of


controversy and I or conflicting issues, which necessitates the
intervention and management of the National Headquarters; OR

2. Fire incidents involving government properties that require immediate


attention and resolution so as not to delay rehabilitation and hamper
public services; OR

3. Fire incidents involving Special Structures under the purview of the


Fire Code of the Philippines and its Revised IRR and Critical
lnfrastructures as defined under the Anti-Terrorism Act of 2020 (RA
11479); OR

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.

The turn-over of a case shall be effected through proper channel


and the endorsement shall contain the complete case folder and attached
all substantiating documents relative to the case. ln cases that the BFP
Office of jurisdiction lacks the investigative tools and equipment
necessary in the on-scene processing, the BFP Office with the available
investigative tools and equipment shall extend assistance, upon request
of the BFP Office of jurisdiction.

C. Fire and Arson lnvestigative Team

The composition and specific responsibilities of each member of the


Fire and Arson lnvestigative Team shall be based on the provisions of
MC 2021 - 022 othenarise known as the Job Performance Requirement
(JPR) of Fire and Arson lnvestigators in the Bureau of Fire Protection
(BFP) and / or other subsequent amendatory policies relevant to the
-
matter. (Attached as Annex "D" is a copy of MC 2A21 022 dated 21
October 2021)

Deviations from the standard provided in the aforementioned policy


shall only be those that are authorized given specific circumstances and
are subject to monitoring by the concerned office in the National
Headquarters.

VII. METHODS AND PROCEDURES

A. General Protocols

1. The BFP adopts the internationally recognized principles of the scientific


method, provided under NFPA 921, in the conduct of investigation to
ensure that all aspects are addressed accordingly.

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)

6. lnformation relative to an ongoing investigation is treated as confidential,


unless otherwise directed. Press inquiries regarding an ongoing
investigation MAY be addressed provided that the information to be
disseminated will not jeopardize fire operation or prejudice the outcome
of the investigation. The policy of the BFP on media relations must be
taken into consideration in the release of vital information concerning the
facts and/or updates of an ongoing investigation to properly identify what
information may be released, who may release such and whether or not
there is a need to seek approval before its release. (Aftached as Annex E
is the BFP Media Policy and the Memorandum on Re/ease of lnformation
on Fire Cases Under lnvestigation)

7. Fatal fire investigations shall be conducted in coordination with the


concemed office of other Law Enforcement Agencies, i.e. PNP SOCO,
for the processing, identification and autopsy of the body/ies lifted from
the fire scene.

8. lnvestigation of explosion - related fire incidents must always be initially


coordinated with the PNP EOD for determination of the nature of
explosion. Only when the scene is rendered safe and turn-over to the
BFP FAls is effected after determination of jurisdiction, will the
investigation ensue.

9. Coordination with other law enforcement agencies is encouraged in the


management of complex fire investigation. However, FAls must be
reminded to adhere with their duties and responsibilities, giving particular
attention on the filing of appropriate case before the Office of the
City/Provincial Prosecutor in cases that necessitate such.

10. Conduct of investigation on fire incidents with the involvement of other


government agencies with concurrent jurisdiction necessitates
coordination with the agency which acquired initial jurisdiction of the case
to establish the lines of communication and coordination and to delineate
the areas of concern based on the mandates of each agency. This will
prevent encroachment of authority and potential tampering and
destruction of the pieces of evidence relevant to each agency. ln the
process, BFP FAls are enjoined to enforce its authority as the duly

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mandated agency to investigate and establish the origin and cause of all
fire incidents within the Philippine jurisdiction.

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:

a. Affidavit of Loss pertaining to the fire damage as to the structure and


building contents (itemized and duly notarized)
b. Sworn statement of loss submitted to insurance adjusters I
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. lncome Tax Return (lTR) 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 lndustry (DTl) registration
l. Securities and Exchange Commission (SEC) registration and the
General lnformation Sheet (GlS)
m. Latest Fire Safety lnspection Certificate (FSIC)
n. Complete list of employees present on scene during the fire incident

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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

The above listed documents may vary based on the TYPE OF


OCCUPANCY or the INVOLVED STRUCTURE gutted by fire.
Documents that are deemed inelevant based on the type of occupancy
may not be required. ln addition, the FAI may require any other pertinent
documents, materials and items necessary In the conduct of the
investigation.

3. Conduct of lnvestigation

a. Walkthrough and Documentation. FAls conduct scene assessment


and documentation, i.e. photography, sketch preparation and note
taking. ln the event that the FAls discover SUSPECTED
HAZARDOUS MATERIALS / CHEMICALS OF SECURITY
CONCERN during the conduct of investigation on the burned
premises, the incident shall be dealt with in accordance with the
provisions of the BFP Operational Procedures Manual.

b. Origin and Cause Determination. Analysis is conducted to identify


the COMPETENT lcNlTlON SOURCE, MATERIAUS FTRST
IGNITED, and the RELEVANT CONDITIONS in ptace that initiated the
fire. Fire pattern analysis and arc fault mapping may be employed.

c. Collection and Preservation of Evidence. Evidence with probative


value are identified and collected for subsequent submission to the
laboratory for analysis. Collection of the pieces of evidence must be
duly documented and witnessed by the fire victim or his i her
authorized representative. ln the absence of the foregoing, it is
advised that evidence collection shall be made in the presence of a
witness independent from the BFP lnvestigative Team. The period and
means of submission shall be in accordance with that prescribed by
the Fire Laboratory Service, BFP-NHQ

d. lnterview and Questioning of Witness. Formal interview of


witness/es shall be done in a QUESTION AND ANSWER FORM after
relevant witness/es are formally invited through a written invitation. All
statements must be swom to before a person legally authorized to
administer oath or a member of the BFP lnvestigative Team with the
rank of, at least, FIRE INSPECTOR.

e. Release of the Fire Scene. The Head of Office decides on the


issuance of a PROPERW RECOVERY AND CLEARTNG PERMIT
(PRCP) upon written request of the fire victim. An interim clearing
permit may be issued for a specific area, other than the AFO, if
continued exposure poses imminent danger or health hazard to the
public.

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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

b. Progress lnvestigation Report (PlR) - Accomplished and submitted


within 7 to 15 days.

c Final lnvestigation Report (FlR) - Accomplished and submitted


within 30 to 45 DAYS, from the date of issuance of a Letter/Mission
Order. No UNDETERMINED cause should be reflected in any FlR.

ln circumstances that a case cannot be completed for some reasons


independent of the will of the FAl, an FIR must still be accomplished
stating therein the details of the investigation and the most probable
conclusion based on the presenting circumstances. Such case shall
be closed based on the merits and specifically considered to be
subject to REOPENING in circumstances that relevant evidence and
I or a witness shall surface in the future.

d. Fire lnvestigation Report - Minimal Damage Fire lncident (FlR -


MDFI) - Accomplished in case of fire which resulted to negligible
damage to property or structure and have no recorded casualty
[injured or fatality]. Typically, these mses involve only a small portion
or single section of any structure or building and are usually declared
Fire Out Upon Anival (FOUA) by the firefighting unit. (Affached as
Annex F is the Memorandum dated 22 June 2020 on MDFI)

ln any case that a particular investigative report can not be accomplished


within the reglementary period due to circumstances beyond the control
of the FAl, a written request for extension in the conduct of investigation
and subsequent submission of the requisite investigative report may be
submitted to the BFP National Headquarters for consideration. The
justification behind the request must be specified in the written request.

The issuance of investigative reports shall be in accordance to existing


guidelines relevant to the matter. The BFP Office of original jurisdiction
shall be furnished a copy of the Summary Report of Findings for
educational reference and filing purposes ONLY. All BFP Offices
furnished of the same must be reminded of the security classification of
the document and the proper issuing body. Only the BFP Office of final
jurisdiction shall be authorized to address requests for copies of the FlR,

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Summary Report of Findings or relevant contents of the same.


Unauthorized disclosure by any office shall be addressed accordingly.

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

a. The investigative branch/section/unit which has jurisdiction over a fire


incident shall issue FIRE CLEARANGE CERTIFICATE (FCC) to the
fire victim in lieu of the Final lnvestigation Report (FlR), for
purposes of insurance claims and other lavtrful applications. FCC can
only be issued tofire incidents which are NATURAL and
ACCIDENTAL in nature.

b. ln fire cases involving properties with MULTIPLE OCGUPANGIES,


the FCC shall only be issued to the interested party who owns the
property where the FIRE ORIGINATED. Other occupants
AFFECTED by the fire incident shall be issued FIRE INCIDENT
CERTIFICATION (FlC) for records purposes and other legal use
upon their request.

c. lf the fire incident is found to be intentional in nature or if determined


to be attended with negligence, the appropriate case must be filed in
the Office of the City/Provincial Prosecutor. ln such case, the
issuance of the appropriate authority pertaining to clearing, cleaning
and/or demolition of the burned premises shall depend on the
discretion of the prosecutor investigating the case. For cases
determined to be accidental in nature, the necessary Clearances
shall be issued upon written request by the interested parties.

6. Reinvestigation

a. The following are the instances when a reinvestigation is deemed


necessary:

New evidence has been discovered that would warrant the


reinvestigation of the fire case; and /or
New witness/es appeared and attested to the veracity of
significant facts pertaining to the fire incident.

b. Reinvestigation shall commence motu proprio or by directive of


higher BFP offices, given the aforementioned instances are
attendant, or upon written request of an interested party stating
therein the grounds / justification relied upon.

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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.

d. ln case the reinvestigation is undertaken by higher offices, as


directed by the Regional Director / Chief, BFP, the BFP Office which
acquired original jurisdiction to conduct investigation shall turn over
the complete case folder within five (5) working days from notice of
submission to the authorized body ordered toconduct the
reinvestigation.

e The BFP Office conducting reinvestigation shall cause the revocation


of all issued clearances / certificates until the final result of the
reinvestigation.

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.

7. Procedures on Special Cases

The scientific method in the conduct of investigation is employed


regardless of the complexity of the fire incident. The following cases,
however, assume additional processes considering circumstances that
necessitate prior or latter coordination with other law enforcement
agencies. A number of the incidents hereunder provided did not result to /
from a conflagration, but the conduct of investigation is lodged with the
BFP pursuant to safety and regulatory mandate.

a. Fatal Fire lncidents

Upon determination that there are involved fatalities in a fire incident:

i. Coordinate with the Scene of the Crime Operatives of the


Philippine National Police (SOCO-PNP) for the processing of the
fatialities and subsequent determination of the cause of death.
Necessarily included in the coordination is the preservation of the
fire scene for subsequent fire origin and cause determination. ln
the same manner, the BFP FAls shall exercise caution to
maintain the integrity of the scene for the SOCO-PNP.

Documentation procedures, i.e. note taking, photography and


sketch, shall be conducted to document the status of fatalities.
Photograph the following:

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a. The scene exactly as it is when the body is discovered;


b. The body as it is uncovered, and the debris that is removed
from over it;
c. The body as it is taken out, and the surface on which it was
lying; and
d. The underside of the body that was initially hidden from view.

b. Gas Leak and / or Explosion lncidents


i. ln all explosion-related incidents, initial action must be to
coordinate with PNP EOD for the determination of the nature of
the explosion incident and rendering of safe procedure. ln case
that explosives or explosive precursors are ruled out, the BFP
shall acquire investigative jurisdiction after proper turn-over.

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.

Post Blast lnvestigation or investigations of cases caused by


explosives or its precursors is under the jurisdiction of the PNP
and NBl, with the PNP as the lead agency. The BFP, as a
support unit, responds and undertakes actions only up to the
extent of assistance required by the lead agency. ln case that a
conflagration occurred prior or after the explosion incident, the
BFP FAls shall coordinate with EOD / PNP investigators in
determining the matters pertaining to the occurrence of fire.

C. Filing of Fire-Related Criminal Cases

1. All fire-related criminal complaints shall be initiated by the Chief of the


lntelligence and Investigation Branch / Section I Unit and / or the FAI
concerned, with the information and guidance of the Head of Office. The
FAI shall present the case in court, unless othenruise directed by the court
of jurisdiction.

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.

3. Suspects under custodial investigation may be placed in the BFP


custodial facility, if available, or in a detention facility of the PNP, after
proper coordination.

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4. The fire-related criminal case to be filed depends on the established
intent of the perpetrator after due consideration of the presenting facts
and result of the investigation. When the burning of one's property
resulted from NEGLIGENCE or IMPRUDENCE and such led to
SERIOUS PHYSICAL INJURIES AND / OR DAMAGE TO PROPERTY
OF ANOTHER, the applicable law shall be Article 365 of the Revised
Penal Code. Other related cases that may arise during the course of the
/
investigation, such as but not limited to, Direct lndirect Assault,
Obstruction of Justice, and Disobedience to Authorities may be filed
independent of the fire-related case.

5. The Chiefs of the lntelligence and lnvestigation Branch / Section / Unit


may seek assistance from the respective BFP Legal Officers in all
matters relative to the filing of appropriate case/s. Likewise, assistance
may be sought in the filing of an appeal from resolutions of prosecutors
pursuant to Department Circular No. 70 re: 2000 National Prosecution
Service (NPS) Rule on Appeal.

D. Attendance to Court Duty

1 The FAI summoned to appear in court or required to submit documents


relevant to the case shall promptly comply with the lawful order. ln case
of conflict in schedules that are of equally important engagements, the
FAI shall notify the court in writing with the justifications stated therein for
the Court's perusal.

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.

3. FAI i BFP Officer / Personnel summoned to appear in court must be in


General Office Attire (GOA), unless otherwise directed by the Court.

VI!I. STANDARD FORMS

Attached herein as Annex H are the standard forms used throughout


the conduct of investigation. The forms are subject to revisions based on the
requirements of lSO. Updated forms, once approved, shall be published in
the BFP Official Website and shall be disseminated by the concerned Office
through a Memorandum.

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.

C. Chief of lntelligence and lnvestigation Offices - The Chiefs of


lntelligence and lnvestigation ffices shall ensure compliance of all
FAls of the provisions of the SOP.

D. Fire and Arson lnvestigators - All FAls shall conduct investigation


guided by the provisions of this SOP.

X. SANCTIONS

Violation/s of this SOP shall be dealt with administratively.


Regional/Provincial/District Fire Directors, City/Municipal Fire Marshals and
all concerned BFP Officers shall be included in the investigation under the
principle of Command Responsibility. The administrative action shall be
without prejudice to the filing of separate criminal and/or civil action/s if
waranted by the circumstances ofthe case.

XI. REPEALING CLAUSE

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.

XII. SEPARABILITY CLAUSE

lf for any reason, any part of this Standard Operating Procedure is


declared contrary to law, the remainder hereof not affected shall continue to
remaln in force and effect.

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".

SIGNED tnis ? fuay ofSEP 2023 al the Bureau of Fire


Protection National Headquarters, Agham Road, Brgy Bagong pag-asa,
Quezon City.

OU U cAN, CEO Vl
FIR DIR oR (DSC)
ief, BFP

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