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answer for the consequences of their wicked act. In other words, they were not there to save the
lives and valuables of the victims but to save their own. The court is convinced that appellants
conspired to inflict fatal blows on the victims which cost their lives and thereafter set their house on
fire to conceal the dastardly deed. Conspiracy, as the court said, may be inferred from the acts of the
accused when such acts point to a joint purpose or design.
4. Circumstantial evidence as basis of conviction in the case of arson.
The court has repeatedly ruled that guilt may be established through circumstantial evidence
provided that:
a. there is more than one circumstance;
b. the facts from which the inferences are derived are proven; and,
c. The combination of all the circumstances is sufficient to produce conviction beyond reasonable
doubt.
5. There is no complex crime of arson with homicide.
The late Mr. Chief Justice Ramon C. Aquino cited -
“. . . When fire is used with the intent to kill a particular person who may be in a house and that
objective is attained by burning the house, the crime is murder only. When the Penal Code declares
that killing committed by means of fire is murder, it intends that fire should be purposely adopted as
a means to that end. There can be no murder without a design to take life. In other words, if the main
object of the offender is to kill by means of fire, the offense is murder. But if the main objective is the
burning of the building, the resulting homicide may be absorbed by the crime of arson.”
6. Murder and arson can be committed chronologically in one occasion.
If death results by reason or on the occasion of arson, the crime is simply arson although the
imposable penalty as provided in Sec. 5 of PD 1613, which expressly repealed Arts. 320 to 326-B of
the Revised Penal Code is reclusion perpetua to death (now it is only reclusion perpetua as provided
by Sec. 2 of RA 9346). If the objective of the offender is to kill and arson is resorted to as the means
to accomplish the crime, the offender can be charged with murder only. But if the objective is to kill -
and in fact the offender has already done so - and arson is resorted to as a means to cover up the
killing, the offender may be convicted of two separate crimes of either homicide or murder, and
arson.
7. Establishing the Role of First Responders
The systematic approach recommended is that of the scientific method, which is used in the physical
sciences.
This method provides for the organizational and analytical process so desirable and necessary in a
successful fire investigation.
A. Observe the Fire and Scene Conditions
While approaching a fire scene, first responders should observe and mentally note the following
conditions and activities and, as soon as conditions permit, initiate permanent documentation of the
information (e.g., written notes, voice recordings, videotapes):
1. The presence, location, and condition of victims and witnesses.
2. Vehicles leaving the scene, bystanders, or unusual activities near the scene.
3. Flame and smoke conditions (e.g., the volume of flames and smoke; the color, height, and
location of the flames; the direction in which the flames and smoke are moving).
4. The type of occupancy and use of the structure (e.g., a residential occupancy being used as a
business).
5. Conditions of the structure (e.g., lights turned on; fire through the roof; walls standing; open,
closed, or broken windows and doors).
6. Conditions surrounding the scene (e.g., blocked driveways, debris, and damage to other
structures).
7. Weather conditions.
8. Unusual characteristics of the scene (e.g., the presence of containers, exterior burning or charring
on the building, the absence of normal contents, unusual odors, fire trailers4).
9. The fire suppression techniques used, including ventilation, forcible entry, and utility shutoff