Competency of Bfp Personnel

CHAPTER 1

THE PROBLEM AND ITS SETTING

INTRODUCTION

Throughout the world, the crime of arson is a problem. It is reported to be one of the fastest growing and most under-reported crimes in the nation (Fire Investigation, 1997).

The crime of arson is an intentional cause of fire and the willful malicious burning of property as building especially with criminal or fraudulent intent. Arson is a crime stated in criminal laws of most countries one of which is the Philippines. However, fires, even in accidental causes, displaces hundreds to thousands of families from their homes, costs hundreds of thousands to millions worth of damage to property and may even be a cause of several deaths. (Spear 2005)

On the other hand, this is due to the unique fact that arson is the only type of crime where it must first be proven that a crime took place. In other words, the fire investigator must first prove that all possible accidental causes of a fire have been eliminated. Once accidental causes have been ruled out, the investigator must still make a case, beyond a reasonable doubt, that the fire was intentionally set in order to get a conviction. Because arson is a difficult crime to prove, arson investigation units must function like the best police units to be effective. (Dilpa 2009)

In handling arson cases in Philippine setting, the Bureau of Fire Protection under the DILG and by the virtue of Republic Act 6975, otherwise known as DILG Act of 1990 and the Fire Code of the Philippines of 2008 otherwise known as Republic Act 9514, is responsible for the fire protection and various emergency services such as the rescue and evacuation of injured people at fire-related incidents. They are also responsible for the proper steps to be taken for fire prevention and any other suppression measures to secure the safety of life and property of the citizenry with the aid from the local government unit in their area. The BFP personnel especially the arson investigator is the person handling the arson investigation and arson cases, if they will proved that there is an arson transpired the criminal complaint must be filed in the prosecutor’s office before they will turned over to court for testifying. In other words arson investigator is the person responsible in handling arson cases and they are the one who stand for testifying in court. (http://www.sop.com/bureau-of-fire-protection/)

In the Philippines, there are many arson cases transpired. Specifically on the selected areas in Nueva Ecija. Some arson cases are transpired in Peñaranda, San Leonardo, Gapan City, Cabanatuan City, Talugtog and Licab. However, the statistics available at the BFP shows that 12 of arson incident occurred in Nueva Ecija in 2015, higher than 7 arson incident recorded in 2014. Whereas Gapan City has only 2 arson incident coming in third to the second highest municipality, San Leonardo with 3 cases and the first which is Peñaranda with 4 cases. And the other 3 arson cases came from Cabanatuan City, Licab and Talugtog. (SFO3 Antonio)

In addition, according to the records of the Bureau of Fire Protection the destruction caused by fire is reaching an alarming proportion that is definitely affecting the economy and the progress of the nation. The arson investigator of BFP in the province of Nueva Ecija has other problem in handling with arson case that result the level of their competency. Problems can be categorized by two namely: human and personnel. In the human side, sometimes the arson investigator encountered a reluctant witness so that the information regarding the incident coming from the reluctant witness is not reliable. And the people near the incident was an obstruction to the way where the fire truck passed by. In personnel side, some of BFP personnel in handling arson cases especially the arson investigator are lack of sufficient knowledge regarding the arson investigation and when they appear in court they didn’t properly present their evidence and also, cannot answer the question coming from the judge.

In the world of fire where the arson cases was exist and increased. The competent of firefighters are needed in fire protection of lives and property, though firefighting is not an easy task for a fire fighter because they can even lost their lives. But they cannot run away to their mission which is to save life and property. The level of their competency will help the researchers to clarify some things why an arson case was increasing every year. The researchers would like to know the competency of BFP personnel in handling arson cases because as we’ve observed every year, arson incident increase in the selected areas of Nueva Ecija. And that was an accordance with the statistics available at the BFP. It is shown that there was an increasing of arson incident from the year 2014 up to 2015.

FOREIGN LITERATURE

According to the book of Gordon 2009 arson cases are the least often, least effectively prosecuted criminal offenses in America. Arson cases must become a priority in the criminal justice system. While potential arson prosecutions are typically rejected because of "inadequate evidence" or the absence of any direct evidence, this is too often an easy way out. When the ted bundy murder cases seized the attention of the nation, a coordinated investigative effort led to the successful prosecution and conviction of ted bundy. The case was entirely circumstantial in nature. There were no eyewitnesses to the offense. Still, a successful prosecution was obtained through the results of a coordinated investigative and prosecutorial commitment to proving the case. There are countless other examples of the ability of the criminal justice system to prove a case where the public outcry mandates a response to solve a crime despite the availability of only circumstantial evidence. There is almost no arson case anywhere which could not be proved through the efforts of an investigative response such as found in most murder cases. In the final analysis, it is not a question of whether it can be done, but simply a question of whether it will be done.

In almost every arson case, the prosecutor and arson investigator faces this challenge to his or her abilities and realizes the personal reward a successful prosecution can bring. For the prosecutor and arson investigator that are willing to test his or her trial skills, even at the risk of the won/loss record, arson cases represent the opportunity to test those skills in a way no other kind of case can offer.(Burnette 2007)

The willingness to face the challenge of prosecuting an arson case and the willingness to properly prepare a case for prosecution are the keys to winning at trial. This can only come from within. With a personal and professional motivation to take on the challenge of an arson case, it can be won. (http://www.anatomy-of-arson/case/0003/articles/testify)