LESSON 5.

Concept

TRAFFIC LAW ENFORCEMENT

Traffic Law Enforcement Defined. Traffic Law Enforcement action is part of enforcement involving the
arrest, issuance of Temporary Operator's Permit (TOP) or Inspection Report Summons, or warning of any
person who is believed to have violated a law, ordinance, or regulation pertaining to the use of traffic
roads.

Rationale.
Traffic enforcement action may prevent such violation from endangering persons, property, or
inconveniencing other users of traffic users of traffic roads, prevent continued violation, or discourage
future repetition.

As traffic law enforcer, he must decide the kind of action he will take in case he has knowledge of
any violation. Drivers are guided more by the enforcement actions of traffic law enforcers than by the
way the law is written. It is therefore important that traffic enforcers should know what to do and be
consistent in their actions so that drivers may know exactly what to expect. Further, consistency of traffic
enforcers in the enforcement of traffic laws builds respect and compliance with the law.

A. Scope of traffic law enforcement. The range of action of traffic law enforcement includes but not
limited to the following:

1. The action taken by the police and the court to compel obedience to traffic laws and ordinances
regulating the movement and use of motor vehicles for the purpose of creating a deterrent to unlawful
behavior by all potential violators.

2. Enforcement of traffic legislation is an area of activity aimed at controlling road users, let behavior by
preventive persuasive and punitive methods in order to effect a safe and efficient traffic movement; and

3. It applies to all statutes, ordinances and legally authorized regulations relating to the use of street and
highways and operation of motor vehicles.

B. Two Major Functions of Traffic Law Enforcement. For more effective traffic law enforcement and
more specific roles in enforcement, the function is divided into the following:
1. Police Traffic Law Enforcement. This function includes the enforcement of traffic laws deterrent to law
violations, special assistance to prosecutors and courts and incidental service to highway users. Usually
these are the responsibilities of traffic enforcers like members of the PNP. TMG and the LTO Law
Enforcement Service (LES).

2. Court Traffic Law Enforcement. One part of traffic law enforcement is performed by the court through
PROSECUTION, ADJUDICATION and PENALIZATION of cases. These actions are usually undertaken by any
of the regular courts where traffic cases fall under their jurisdiction and the Traffic Adjudication Service
(TAS) of the LTO.

C. Three Important Goals of Enforcement Activities. For more specific actions, enforcement activities
aim:

1. To increase safety level - enforcement effort should be directed towards the reduction of accidents or
minimizing their effects.

2. To increase traffic efficiency - when traffic violators are reduced particularly those related to traffic
obstruction through an effective enforcement, there will be free-flow of traffic.

3. To insure harmonious and comfortable environment when there is an increase safety level and
increase traffic efficiency, traveling is more comfortable and luxurious and it may reduce chaotic
situations in the traffic way.

D. Major Elements of Traffic Enforcement System. In the pursuit of effective traffic enforcement, three
elements are involved. Removing one of the elements or any of the elements, enforcement is not
complete.

1. Enforcement System. This area consists of legislation, police and the courts. Legislation defines and
specifies correct or incorrect road user behavior. Police and the courts are charged with the
responsibility of insuring that these laws are adhered to.

2. Road Users System (Traffic Way User). This element includes pedestrians, pedal cyclist, drivers,
passengers and others.

3. Road System (Traffic System). This area is composed of the entire road and vehicle complex, as well as
all traffic rules and regulations.
E. Five (5) Essential Steps in the Enforcement Process. Enforcement of traffic laws includes the following
process:

1. Detection (of violation"). A whole police responsibility that entails looking for defects in the behavior
of motorist, pedestrians, vehicle, equipment and roadway condition. Requires knowledge of law on the
part of the police.

2. Apprehension. It is also a whole police function which involves the actual taking of enforcement
actions.

3. Prosecution. This area is handled by the prosecution and partly the court where the police also
provide corresponding influences through preparation and introduction of evidence or close contact
with the prosecuting officer.

4. Adjudication. While this is obviously a court and prosecutions' function, the police provide influence
on this step by acting as witness to the prosecution or supplying additional evidence. innocence of the
accused. This step determines the guilt or

5. Penalization. The court after due process imposes the penalty upon the accused if found guilty. The
penalty is greatly influenced by previous records of conviction as provided by police. Penalty involved is
either fine or imprisonment or both fine and imprisonment or may result to the suspension or
revocation of the driver's license of the accused.

F. Reasons for Violation of Traffic Laws. Road users violate traffic laws and ordinances due to varying
reasons. The following are the common reasons why road users violate traffic laws, rules and regulations
and other traffic statutes:

1. physical disabilities or infirmities

2. ignorance of traffic

3. lack of training and experience

4. wrong attitude towards driving

5. PUV drivers for increased compensation

6. driver's apathy towards signs, signals and markings

7. influential person violate because they feel they are exempted from punishment

G. Considerations that act as deterrents to motorist and pedestrians. Some road users are hesitant in
violating any traffic law or ordinance because of varying reasons which are enumerated as follows:

1. fear of fine or punishment

2. loss of driving privilege

3. possibility of being involved in accident

4. positive area of good citizenship doing what is right and setting an example
H. Kinds of Enforcement Action. When traffic enforcers detected violation of traffic laws, an
enforcement action may be taken against the individual which is either arrest, or citation, or warning
alone.

1. Traffic Arrest. It is an enforcement action which consists of taking a person into custody for the
purpose of holding or detaining him to answer a charge of law violation before a court.

a. When a traffic violator can be arrested?

(1) offense committed is serious

(2) detention is necessary to avoid continued violation

(3) there is reasonable doubt that the violator will not appear in court

b. How is arrest made? In general, arrest is made by any of the following:

(1) by an actual restraint of the person to be arrested, or

(2) by his submission to the custody of the person making the arrest.

c. Use of force in arresting. No violation or unnecessary force shall be used in making an arrest and the
person arrested shall not be subjected to any greater restraint than is necessary for his detention.

d. Arrest in Traffic. In arresting a traffic violator, the traffic officer must consider the following:

(1) An arrest can be effected even without warrant if the offense is committed in the presence of an
arresting officer.

(2) The officer making an arrest must intend to take the violator into custody for the purpose of bringing

him before a court.

(3) Detention of the arrested person may take place.

(4) Officer making an arrest must act under legal authority when taking the arrested person into custody.

(5) The person being arrested must understand that he is being arrested.

(6) The purpose of arrest is to bring a suspended violator before a court to answer a charge of violation.

e. Recording the Data of Arrest. Whichever action is used by the officer or Agency, the following
information are necessary:

(1) Date/time of Arrest.

(2) Place of Arrest.

(3) The common name of the offense for which the person is arrested.

(4) The full name of the arrested person, his home address, his business address and his telephone
number.

(5) Physical description of the arrestee, including his date of birth, nationality and marital status.

(6) Name of witnesses to the arrest.

(7) Name and badge number of arresting officer.

f. When taking person into custody. The arresting officer when taking a person into custody must
consider the following:

(1) the possibility that the person you are arresting may attempt to injure or kill you or escape in your

custody.

(2) inform him that you are placing him under arrest.

(3) explain to him why you are placing him under arrest.

(4) reasonable search may be carried out in connection with the lawful arrest.

g. When transporting arrested person. The arresting officer should observe the following guidelines in

transporting arrested person:

(1) If your unit is equipped with radio, request for transportation unit and maintain custody of your

prisoner until it arrives.

(2) Give instructions to the transporting officer about the place where the arrestee is to be delivered.

(3) Have the necessary information and instructions written out so that the transporting officer will not
err in the delivery.

(4) In certain conditions, direct the arrested person to drive his own vehicle to your Headquarters and
follow him with your police mobile.

(5) However, if the driver is not in good condition or the vehicle is in bad shape, let someone drive the
vehicle to the Headquarters.
h. Warrantless Arrest or Citizen's/Civilian Arrest. Oftentimes, arrest in traffic is made right after the
commission of the traffic violation. Hence traffic enforcers should know the following rules to be
observed in arresting a person without warrant of arrest as stipulated by paragraphs a-c, Sec. 5, rule
113, Rules of Court:

(1) When in the presence of the arresting officer, the person to be arrested has committed, is actually
committing, or is about to commit an offense.

(2) When an offense has in fact been committed, and the arresting officer has personal reasons to
believe that the person to be arrested has committed it.

2. Traffic Citation.
This is a means of having violators appear in court without physical arrest. To ensure that an
apprehended traffic violator will appear to the court or to the proper authority, the traffic officer should
confiscate the violator's driver's license and issue Traffic Citation Ticket (TCT), TOP, or Traffic Violator's
Receipt (TVR),

a. Apprehension. As an apprehending officer duly designated by the LTO, you should observe the
following when apprehending a traffic violator:

(1) You may confiscate the driver's license or certificate of registration of the vehicle for any violation of
the RA 4136 and its rules and regulations, City and Municipal Ordinances.

(2) Fill out the blank spaces of TOP/or TCT forms in order to provide a detailed report of apprehension
for the information, guidance and reference of all concerned.

(3) Advise the violator to report within 72 hours, but not less than 24 hours to give allowance for proper
transmittal from receipt thereof to appropriate offices.

b. Where the violator should report? The violator should be advised to report to:

(1) Traffic Court, if in Manila and for violation of the City's Traffic Ordinance.

(2) City/Provincial Prosecutor, if in other chartered cities or provincial capitals without traffic courts, for
violations of local traffic ordinances.

3) Municipal Court, in its municipalities, for violation of local traffic ordinances.

(4) LTO Central Office (TAS) for Metro Manila or its counterparts [REGIONAL TRAFFIC ADJUDICATION
SERVICE (RTAS)] for violation of the Land Transportation and Traffic Code (RA 4136), and its rules and in
the provinces regulations.
c. Uses the TOP, the TCT, and the TVR. These are official documents designed for various purposes,
namely:

(1) It serves as a receipt for the confiscation of a vehicle or the driver's license or the CR/OR of the
vehicle.

(2) It serves as a temporary permit to operate motor vehicles for 72 hours without extension from the
time of confiscation or apprehension (in case of TVR in Manila, 7 days).

(3) It is an official form of judicial or administrative citation to facilitate action on the case for which it is
issued.

(4) It is a record for disposing a case cited therein either administratively or judiciary.

(5) It is also a receipt for release of the confiscated items after adjudication and termination of the case.

d. Preparation of the Information/Complaint. Within your tour of duty, prepare information or

complaint by filling up the TOP for processing of all traffic apprehensions at the appropriate office.

e. Filing of Information/Complaint. Within 24 hours from the time of apprehension, file the
complaints, together with the confiscated items, with the Clerk of Court or Provincial Prosecutor or
the court having appropriate jurisdiction as previously stated. Table 3 in the next page (p169) shows
the summary steps followed in traffic citation. However, police officers sometimes use their discretion,
hence; the standard number of days may vary as the concerned police officer finds it necessary.

f. Preliminary findings and disposition of License. Within 72 hours or three (3) days from the filing of
the case with the respective traffic enforcement offices, the hearing authority shall make immediate
preliminary findings on the basis of police or complainant's witness reports as to whether or not there
is an imperative necessity of withholding the driver's license confiscated.

(1) Should there be no such necessity; he shall promptly order the return of the confiscated license to
the owner without prejudice to re-calling said license.

(2) Where the violator fails to appear before the court or the investigating official concerned, his license
or permit shall be forwarded to the LTO for its suspension or revocation pursuant to Sec. 29., RA 4136.

g. Records of court proceedings.

(1) When the violator appears in Court 15 days and pleads guilty, the Clerk shows the fine schedule and
the violators pays the fine at the Treasurer's Office, receipt of which is shown to Clerk of Court who
records the same on the TOP, and his license, cleared for release, is now returned to the driver.
(2) If the violator appears after 15 days, his license is forwarded to the LTO for suspension or revocation;
he shows his TOP copy to the LTO for proper disposition of his license. Clerks of Courts, in every case,
should inform the LTO and/or the apprehending officer of the final disposition of the case.

(3) The violator appears in Court and desires not to plead guilty to the charge, the Clerk of Court sets the
date of hearing and notifies the accused accordingly and sends a corresponding subpoena to the
apprehending officer for his appearance.

(4) When the accused is found not guilty after trial, his license, if in the possession of the Court or of the
LTO, shall immediately be returned to him unless there is any other legal ground for its suspension or
revocation.

3. Traffic Warning.
This is an enforcement action which does not contemplate possible assessment of penalty by the court
or otherwise as a result of warning alone. There are three types of traffic warning: visual, verbal, and
written.

a. Visual Warning. This is usually used when you have observed a minor violation but are more
importantly occupied at a moment. Indicate by gesture of the hand and/or of the head.

b. Verbal Warning. This is a form of safety education. Tell the driver/violator that he violated a law and
explain the hazards of such violations.

c. Written Warning. This is a combination of verbal warning and citations. It gives the spirit of verbal
warning and the form of citation. This is seldom used nowadays.

I. Decision Enforcement. In determining what enforcement action to be taken, whether you arrest, cite
or warn the apprehended violator, consider the following:

1. Degree of violation;

2. Accuracy of observation,

3. Traffic and weather condition;

4. Evidence gathered;

5. Whether a new law or not, and

6. Continuous or momentary actions, a factor in some type of violations.

J. Pursuit in Traffic Enforcement. Pursuit is a part of routine Enforcement activity performed by police
and is used when a violating driver is detected.

Pursuit is a part of the apprehension of a violator. In general, a driver who is aware of his
violation at your presence will stop his vehicle when signaled to do so. In this instance, apprehension is
complete and pursuit is not necessary. There are times, however, when a driver is not aware that he has
been detected in violation and must be pursued until apprehended. Pursuit and successful apprehension
of a violator may require the operation of your patrol vehicle at high speed for an extended distance.

1. When to pursue? When a violator fails to stop on signal, your normal reaction is to pursue the violator
until you apprehend him. However, due to traffic congestion or other complications, such action is
sometimes neither practical nor safe In pursuing, observe the following:

a. Pursuit must always be tampered with common sense and foresight of like hazards.

b. Better judgment is used in deciding to lose a traffic violator who can be apprehended at another time
than giving great risk to yourself, your vehicle and other drivers.

C. Pursuit requiring high speed operation of police vehicle may be justified in certain circumstances such
as in the apprehension of a driver endangering the lives of motorists, pedestrians, and others through
operation which can be classified as other than reasonable and proper which is dangerous and negligent.
d. Type of serious violation is an important factor in deciding to pursue:

(1) Non-hazardous violations. Pursuit to apprehend this violator seldom warrants operation of your
police vehicle at high speed. These violations do not justify the same degree of risk as may be justified as
hazardous violations.

(2) Hazardous violations. These violations present continuing danger to other road users that require
immediate and sometime aggressive pursuit Examples are:

a) Driving while under the influence of liquor,

(b) Reckless driving; and

(c) Driving on excessive speed.

e. Consider the following when pursuing hazardous violators:

(1) A violator of this nature is likely to have little concern for other drivers at their safety.

(2) Successful flight from identification and apprehension is usually his only concern.

(3) Be prepared for acts of this type of violator which could give him an advantage while interfering with
your pursuit and successful apprehension. Like trying to force you or other motorists off the road.
f. Consider your driving skill and experience. Driving skill is that collection of proper habits which
enable a person to detect and evaluate road and traffic conditions about him, and to maneuver his
vehicle properly without consciously thinking about what he is doing. Check your skill in these areas:

(1) Manipulative skills - making your vehicle behave as you intend.

(2) Recognizing road and traffic conditions that may hinder your pursuit.

(3) Defensive driving - anticipating and allowing bad- driving by others.

g. Resisting distraction. You should know what evasive actions will permit you to avoid or escape
unfavorable traffic conditions. A driver can often protect himself from danger if he knows how to
recognize the danger in time and take proper evasive action.

2. Pursuit Techniques. A successful pursuit operation can be attained if the pursuing officer knows the
following:

a. His limitations and strength in driving a patrol vehicle under normal conditions.

b. Good driving combined with effective techniques will help to minimize the dangers involved in pursuit
in high speed.

c. Normal driving skill is not automatically improved by wearing a police uniform, or by having a police
car to operate.

3. Identification of Pursued Vehicle.

a. When alone, use a clipboard with attached paper and pencil. Anchor the clipboard by sitting on part of
it so that notes can be written without looking down.

b. Post a list of wanted persons or vehicles on a "hot sheet" within easy viewing range while in driving
position. The list should be arranged by cases of offense for rapid identification of violators wanted for
more serious offense.

c. Identify the violator's vehicle for later identification, particularly when pursuit is lengthy, interrupted
or abandoned, or in case you are injured by the violators.

d. The registration plate is very important and accurate method of establishing identity of a vehicle is
also important. Train yourself to observe complete license plate number at a glance.

e. Record the registration number as soon as possible, and check it against your "hot sheet." Sometimes
prescribed registration number on a clipboard is the only due to the identification of an escaping violator
who has struck or injured an officer.
4. Itemized Identification Features of the Vehicle. For an effective identification of the pursued vehicle,
the officer must be familiar with the following features:

a. COLOR - For example, red, black, etc. When the vehicle has more than one color, first give the color of
the body and then the top, i.e., black body, gray top.

b. YEAR OF MANUFACTURE - learn to identify the year model of a vehicle, i.e., "1996".

c. MAKE - Honda, Toyota, Mitsubishi, Isuzu, etc..

d. BODY TYPE-p-up, wagon, 4dr sedan, truck, etc..

e. LICENSE PLATE NUMBER - city or province of issuance, letter and number prefixes, i.e., AAA 456

f. OUTSTANDING FEATURES AND ACCESSORIES - "wide- bank racing stripe," vinyl top, particular damage
which are noticeable as crumbled fender, damaged door, or cracked door.

g. UNUSUAL FEATURES OF THE DRIVER OR PASSENGERS - clothing, air, glasses, etc..

through the dispatcher about the progress of the pursuit operation.

a. It is your duty to apprehend violators as soon as possible. Radio contact with HQs aids in
accomplishing this objective by alerting other patrol units in the area.

b. While in pursuit, use your radio whenever necessary and advisable. If forced to abandon pursuit and
there is no radio available, use any nearest telephone.

6. Stopping and approaching a violator. It is completed when you have stopped the violator's vehicle
and move to the place where you will begin to talk to the driver. The following should be observed:

a. In stopping a violator, it must be done in safety to you, the driver you stopped, to other road users.

b. Approach the violator preferably on the left side from the rear and be alert for the unexpected.

K. Officer-Violator Relationship. The first reminder for an officer is to establish PLEASANT RELATIONSHIP
with offending motorists or pedestrians. This may be accomplished by:

1. The appearance of your uniform, equipment and person which will create the violator's impression
of young person clean uniform properly worn and well-groomed person will create a good impression.

2. Observance of the following rules when talking with the violators:

a. Get your emotions under control. Don't appear before him when you are both at the peak of tension.

b. Advise the violator the nature of the alleged violation in a manner that he can fully understand.
c. Allow the violator to talk and explain his side.

d. Be courteous and business-like. You may introduce yourself or use only "good morning", "Sir" or
"Madam."

e. Request compliance. Use requesting words such as "May I," "Please" and "Kindly" when directing the
violator.

f. Avoid telling the driver what not to do. If you want him to do something, whenever possible, explain
why you want him to do it.

3. Never open your conversation in a sarcastic or derogatory way. Avoid such opening as:

a. Don't you know -----?

b. Who do you think are?

c. Where do you think you are going?

d. What's your hurry?

4. Being alert at all times for the unexpected, approach the violator with these cases:

a. Take time to get ready to talk with the violator.

b. Know what you are going to do and say.

c. Have any equipment you will need such as flashlights, clipboard, or citation pad.

d. Review the facts which led you to your stopping the violator before you begin to talk.

e. Decide what enforcement action you are going to take before you approach the violator.

5. In requesting for the driver's license or vehicle registration certificate (CR), observe the following:

a. Do not put your head or arms in the car windows,

b. While waiting for the license, ask the driver, "What is your name, Sir?"

c. Never accept anything other than the papers requested.

d. Ask the papers being requested be removed from the billfold or other container.

e. Have the driver hand the requested papers to you outside the window.

f. Establish the identity of the driver and check the entries of both the license and the registration papers
for any possible fraud, or false identities or falsifications.
g. Do not return the driver's license and vehicle registration certificate until you are about to terminate
the interview.

6. In terminating your contact with the violator -

a. Explain to the driver what action he must take.

b. Tell him when and where he must appear.

c. Don't discuss probable bail penalties with the violator.

d. Avoid any naughty suggestion that he should engage in the services of a counsel or how he should
plead.

e. When you are certain the driver understands what he should do, close the interview by:

(1) Thanking the driver for his cooperation.

(2) Explaining how he may avoid further difficulty.

f. Help the driver get safely through the traffic.

g. When the violator leaves, don't follow him immediately. He may feel that you are just waiting to nab
him again.

L. Road Check. This is another enforcement activity which volves the conducting of actual inspection of
vehicles, and motorists on the road.

1. Objectives of road check. The objective of road check is to detect and inspect the following:

a. faulty vehicle equipment

b. registration and licensing violations

C. intoxicated drivers

d. the load or cargo of commercial transportation vehicle for load weight

2. Considerations to be taken.

a. minimum delay to motorist

b. thorough checking procedure

c. protection/safety of both motorist and officers

d. timing, location and frequency

In case thorough checking of vehicles will be conducted, take note of the legalities of searches or the
instances that validates the search, i.e., search incidental to lawful arrest, consented search, search of
moving vessel, and search by "tips".

LESSON 5.2

TRAFFIC DIRECTION AND CONTROL

Concept:

As discussed earlier, the movement of people, goods, vehicles, trains, ships, and airplanes from one
place to another is called traffic. And controlling traffic involves attempts to make these movements as
fast, safe, and efficient as possible. Aside from utilizing traffic signs, pavement markings and markers,
and traffic signal systems, one important aspect of traffic control is the assigning of traffic officers along
intersections where traffic congestions are common problems.

Assigning of traffic officers on strategic places does not only ensure the obedience to traffic laws,
rules and regulations but it also serves as emergency solution when traffic lights suddenly fail or when
the traffic signal light could not control the flow of traffic. Traffic officers manning intersections can also
provide emergency services to the public not only during lights out but also during disasters or calamities
like fire or ambulances responding to fire or crime scenes. During these moments, traffic officers can
immediately give way to responding fire engines, police cars, or ambulances by directing and control
traffic along intersections.

Intersection Defined. As applied to a street or highway, it means the space occupied by two streets at
the point where they cross each other. Usually, this is the place where traffic direction and traffic control
is needed.

Police Traffic Direction. It is defined as telling drivers and pedestrians when, how and where they may or
may not move or stand at a particular place, especially during emergencies or period of congestion.
A. Who are tasked to direct and guide traffic? In the Philippines, traffic officers are usually deputized by
the Land Transportation Office who normally comes from the PNP-TMG, police auxiliaries, MMDA Traffic
Management Section. In some places, volunteers coming from barangay security forces and other civic
organizations assist in the directing and controlling of traffic particularly during rush hours, special
occasions, and time of emergencies.

B. Directing and Guiding Traffic. The following are the basic concept for an effective directing and
guiding traffic:

1. When you are assigned to direct traffic, you are expected to indicate or show to the drivers and
pedestrians how, when, and where they may move.

2. In order to do this, use a type of sign language which shall be clearly understandable to all persons you
will be directing.

3. However, if your signals are different from those used by other officers, motorists would probably fail
to understand them and ignore you altogether.

4. Hence, it is important for the efficient direction of traffic that the officers use uniform gestures and
signals.

5. Moreover, the signals should be able to be seen over a fairly long distance. When directing traffic, you
first want drivers and pedestrians to recognize that you are the officer who will tell them what to do. But
you must also know how to tell them when to stop, go or turn by using gestures alone.

6. Normally, this is in the center of the intersection. Stand as though you mean business. Stand straight
with your weigh equally distributed to each foot.

7. When you are not signaling, let your hands fall at your sides. When you authorize vehicles to move, do
not face them. Stand so that your side is toward the oncoming vehicle.

C. Suggested Methods of Directing and Guiding Traffic.

1. Use hand signals to designate decisions to motorists and pedestrians (see figure 42).

2. Supplement the arm/hand signals with a whistle:

a. one long blow to STOP.

b. two short snappy blasts for GO.

c. three blasts to be used for assistance.

3. If two or more officers are assigned in one intersection, only one makes the decision, while the other
take theirs from him.
4. To stop a moving lane, point at the car you intend to stop and give the driver the opportunity to stop
(see figures 42.1- 42.4).

5. The hand signal should be made with the arm extended and the palm facing the person or vehicle to
be stopped.

D. Night Control of Traffic. There are instances when traffic officers are needed to direct and guide traffic
during night time, not only during lights out where traffic lights are not functioning but also during some
instances where an accident occurs and traffic officers are needed to guide the motorists. Whichever
case, the following are the suggested methods to be used while directing and guiding traffic during night
time.

1. When light is sufficient, work as in day time.

2. If light is not sufficient, use flashlight:

a. To STOP, direct the flashlight in line of the vision and move back and forth.

b. To START, use the same motion as in daylight except with flashlight.

c. Supplement the actions with whistle.

E. Hand Signals. Figures 42 to 46 are some of the standard hand signals when directing traffic.

Note: The signals may be modified also by the traffic direction officer as it deemed necessary so
that motorists may clearly understand the decision of the traffic officer especially during night time. In
addition to the hand signals and blowing of the whistles, flags with varying colors (usually red and green)
are used to supplement the signaling.

CDI-6 FIRE PROTECTION AND ARSON INVESTIGATION

Chapter VI
The fire origin

One of the first things to look for is the origin of the fire. Usually, accidental fires have only one origin;
sometimes an arson fire will have several origins. That is, there will be two or more fires. Normally, a fire
burns outward laterally in all directions, the heat generated moves up, and fires seldom burns down.
Ventilation will also affects the burning pattern; but without unusual ventilation, fires burn equally in all
directions except down. It may be necessary to go to several spots and point back to the most damaged
areas; where the lines crosses probably will be the origin of the fire.

Explosions also feed in all directions; the heat effect is usually intense. The point of explosion is usually
easier to determine than the point of origin of other accelerants. Unless the investigator has a special
training in this type investigation, it probably would be to his advantage to call it a specialist.

Alligator Pattern - The alligator pattern (checking of charred wood giving it the appearance of
alligator skin) caused by the fire often can be used to trace the fire to its origin. The pattern at the point
of origin is smaller and deeper than the rest of the areas. The pattern is also smaller and deeper at
points where flammable liquids were used.

Information from people - Many investigators have found that information from people help
them know what to look for the fire scene. The good investigator knows how to how to interview people
to get information that can help determine the origin of the fire, the cause of fire and even incendiary
origin of the fire. The owner, the family of the owner, person calling in the alarm, neighbors, witnesses,
or any person who might help in any way should be interviewed. If an investigator ever needed to be a
skilled interviewer, it is in arson investigation cases. Most people just do not like to talk about arson fire.
In general, they must be questioned as to the following.

a. His identity

b. His business in the arson of the fire.

c. What attracted his attention to it?

d. Time of observation and exact location of the blaze.

e. His position in relation to the fire at time of observation.

f. Size of intensity, rapidity of spread, and direct travel of flame.

g. Color of flame, and odor if he is in a position to observe these.

h. Other pertinent information.

METHODS OF ESTABLISHING ARSON

The usual methods involve examination of the fire scene. Although some of the most ation of thethods
used are burn indicators, which are the effect on materials of heating or partial burning and may t used
to determine the point or points of origin of a fire. Fire accelerates the development of fire and to
increase the amount of devastation. If either multiple point of origin or traces of fire accelerants are
found arson is indicated.

Occasionally, detection of arson during a fire is done through a team of arson investigators in the form of
surveillance of the fire scene: suspicious behavior of spectators, an overzealous offer of assistance by a
spectator, or someone constantly driving over fire hoses are grounds for suspecting arson. Behavior of
owners, occupants, and other persons present as to their actions, excitements, dresses, and other
pertinent information are observed, which might be helpful later.

Observing people and vehicles as they approach and leave the scene. In a U.S. forest fire scenerio, the
detection of arson is aided by the practice of U.S. Forest Service firemen enroute to configurations to
take notice of the license numbers of vehicles departing from the scene, possible incendiary fire. In at
least one case, this procedure has led to the arrest of an arson suspect.

Gasoline was, by far, the most frequently found fire accelerant, possibly because it is readily available. Its
characteristic and familiar odor makes it easier to detect than most other flammable liquids. To
camouflaged the odor, incendiaries ordinarily used ammonia which has a pungent odor easily recognized
by firemen. Ammonia is also used to keep out firemen from the burning structure. Other accelerants
often used like kerosene, alcohol, firemen can easily distinguish rubber. Films have pungent odors similar
to camphor.

The size of fire, rapidity of spread and direction from the time of discovery to the arrival of the firemen
may indicate that certain flammable substance have been used to accelerate spread of fire. Arsonist may
also bore holes on walls and floors as a means for the fire to spread more rapidly.

Intensity of heat maybe an indication that flammable liquids or compounds could have been used to
spread the fire more rapidly. The firemen may experience sometimes that when a stream of water are
directed on such fire, instead of going out as might be ordinarily expected the fire will burn with added
intensity, and with a different color of flame such as red, blue, yellow or orange.

The color of the smoke, location, and size are all-valuables in determining the use of accelerant.
Although, some fires burns with little or no smoke, these are exceptions. The observation must be made
at the start of the fire, once the fire as assumed a major proportion; the value of the smoke is lost
because the smoke will not indicate the materials burning or used by the arsonist.

If white smoke appears before the water from the fire hose comes in contact with the fire, it indicates
humid materials burning, such as hay, vegetables, phosphorus (with garlic odor). Black smoke indicates
lack of air, but if accompanied by large flames it indicates petroleum and rubber.
If biting smoke is encountered causing irritation of the nose and throat, lacrimation, and coughings,
presence of chlorine is indicated. Reddish-brown smoke might indicate nitrocellulose.

Arson is often used to conceal another crime. Documents and records that found purposely exposed
during a fire should be given particular attention, including doors, windows, and ventilators that are
open and provide cross-drafts. Locked and obstructed entrances or passageways to impede the speedy
transit of firemen and equipments.

GATHERING, PRESERVING, AND ANALYZING EVIDENCES

The arsonist expects the fire to destroy all of the evidence, and sometimes it does destroy most of it.
However, the investigator who digs hard enough many times comes up with evidence where seemingly
none exist. The cause of the fire should be investigated shortly after the fire is extinguished, otherwise,
very little can be done afterwards be-map-up and salvage operation. This is a crucial stage in the
detection and investigation of arson because cases rely on evidence that is recognized and preserved at
this point.

Finding and Preserving Evidence

As in all other investigations, only one person should pick up, mark and package all evidence, and special
care should be taken to maintain the chain of custody.

There are some special problems in arson investigation due to the types of accelerants that may have
been used. Accelerants used often are those of petroleum products such as gasoline, kerosene, mineral
spirits, or anything containing volatile flammable liquid. Hydrocarbons of these products may be found
under the debris of the fire, at or near the point of the origin. These fluids, when originally spread, flow
outward and downward, hence evidence of these may be found in cracks in the floor or in dirt under the
fire. Just because the fire damage is extensive or there is no odor present does not mean these types of
accelerants were not used.

The crime lab in most cases would be needed to prove which type of accelerant was used. Wood flooring
and rugs are the most common substrates, followed by furniture and upholstery. These materials are
where the crime lab separates accelerant residues. Sections of the floors, the debris or some dirt under
the fire must be stored in glass or metal containers and sealed, to be of value to the crime lab. Fumed
from the accelerants or hydrocarbons would escape from plastic or open containers.

The predominant type of container used to preserve physical evidence from arson. Scenes are the
unused metal paint can. These containers are vapor- tight and unbreakable. Plastic bags, while
convenient and inexpensive, are easily punctured, are chemically attacked by some types of evidence,
and allow the loss of some volatile evidence by diffusing through the bag.

Time Delay Devices

Delayed action is achieved in setting incendiary fires by the used of certain mechanical, electrical or
chemical devices. They usually involve matches, candles, electric heating elements, batteries and clock
mechanisms coupled with flammable liquids, or chemicals that will spontaneously ignite after a short
delay. If none of these devices are found, the evidence, which should be the various containers for them.
The arsonist uses this delayed type of devices to establish an alibi.

Condition of Doors, Windows, Furniture

In cases where a building has burned to the ground, the hardware of doors and window remain. They
will fall straight down, unless moved by the water stream of the firemen. This may tell whether a door or
windows was opened or closed.

Metal parts of furniture may tell whether or not furniture has been moved from the building before the
fire. Ashes may give the crime on something to work with. For example, if extensive furniture has been
moved from the house prior to the fire and inexpensive furniture move in, the crime lab can tell from the
ashes. Evidence of fraud fires should be carefully examined. This is tremendous problem and should
remain uppermost in the mind of the investigator.

Burn Indicator

Burn indicators are the effects on materials of heating or partial burning, which are used to indicate
various aspects of fire such as flammable liquids, and points of origin. Interpretation of burn indicators is
a principal means of determining the cause of the fire. Although burn indicators are widely used TO
establish the causes of fires, they have received little scientific testing. Some of the burn indicators used
are the following:

Alligatoring effect: checking of charred wood, giving it the appearance of the alligator skin. Large, rolling
blisters indicates rapid, intense heat, while small, flat alligatoring indicates long, low heat.

Crazing of glass: formation of irregular cracks in glass due to rapid, intense heat, while small, possible
fire accelerant.

Depth of char: depth of burning wood - used to determine length of burn and thereby locate the point
of origin of the fire.

Line of demarcation: boundary between charred and uncharred material. On floors or rugs, a puddle
shaped line of demarcation is believed to indicate a liquid fire accelerant. In the cross section of wood, a
sharp, distinct line of demarcation indicates a rapid, intense fire.

Sagged furniture springs: because of the heat required for furniture springs to collapse from their own
weight (1150°F) and because of the insulating effect of the upholstery, sagged springs are believed to be
possible only in either a fire originating inside the cushions (as from a cigarette) rolling between the
cushions) or an external fire intensified by a fire accelerant.

Spalling: breaking off of pieces of the surface of concrete, brick or cement due to intense heat. Brown
stains around the spall indicate the use of fire accelerant.

Freezing of leaves: drying of leaves in a forest fire into their position at the time of the fire. Since the
leaves turn during the day. "Some persons regard this evidence as unreliable because of insufficient
clinical and research conformation and the influence of the fire wind."

One of the authority, P.L.Kirk, cautions that puddle-shaped lines of demarcation may be due to many
causes which have nothing to do with flammable liquids. He also points out that depths of char is
strongly affected by factors other than burning time (such as temperature and species of wood) and that
much greater care must be taken in its interpretations than is frequently the case.

Olfactory Detection

Gasoline is a complex mixture of chemical compounds, the proportion of which vary with the source of
the crude oil and the type of process used in its manufacture. The sensitivity of the human nose to
gasoline vapor appears to be on the order of one part per ten million. So that, the nose is not sensitive,

Another problem, called olfactory fatigue, is the tendency of the nose to lose its sensitivity to an odor
after a prolonged or intense exposure to it. Further, the odor of fire accelerants may be masked by other
strong odor such as that of burnt debris or ammonia. In fact, in one case an arsonist attempted to
camouflage the presence of gasoline by mixing vanilla with it to mask the odor. Finally, it may be
inconvenient or impossible to search for accelerant odor with nose along with certain types of detector
equipment.

Other Types of Accelerant

Explosive types of accelerant usually leave little or no residue, but there maybe some types of containers
or parts of containers available; metal parts such as pieces of pipe, wire, batteries, and parts of alarm
clock. Evidence of forced entry, evidence of arson to cover up other crimes and evidence of footprints or
tire tracks (outside) should be carefully gathered and reserved. Do not take for granted that fingerprints
will be destroyed by the fire. Soot from the fire maybe perfect preservatives of fingerprints.

The arsonist may use material on hand such as newspapers, overstuffed furniture, or anything that burns
easily. He may rearrange anything available to provide a quick burning situation. He may use some type
of petroleum accelerant on this material. If rearrange, fast-burning materials are use without
accelerants, a good photograph showing rearrangement may be sufficient. If some accelerant of
petroleum product is used, it will be necessary to place some of this material in glass or metal container
and sealed for the crime lab to examine.

TECHNICAL METHODS IN ARSON INVESTIGATION

The detection, recovery, and analysis of fire accelerants are of major concern to arson investigators. The
presence of flammable liquids can be used to establish that arson was committed and can sometimes be
used to link a suspect of fire. Although; objection is sometimes be raised that identifiable amounts of
liquid fire accelerants rarely survive a fire so that any effort or fund expanded for their detection would
be largely wasted. While there is not sufficient scientific investigation of this subject, the day to day
experience of arson investigation, is that accelerant residue are often found. Furthermore, experiments
have shown that accelerants can survive fires.

The areas most likely to contain residues of liquid fire accelerants are floors, carpets, and soil since, like
all liquids, they run to the lowest level. Also, these areas are likely to have the lowest temperatures
during the fire and may have insufficient oxygen to support the complete combustion of the accelerant.
Porous or cracked floors may allow accelerant to seep through the underlying earth. Numerous instances
have been recounted of the excellent retention properties of soil for flammable liquids. Another place
where accelerants, and the equipments sensitivities, limitations, advantages and disadvantages.
 CHEMICAL COLOR TEST DETECTORS
 CATALYTIC COMBUSTION DETECTOR
 FLAME IONIZATION DETECTOR
 GAS CHROMATOGRAPH
 INFRARED SPECTROPHOTOMETER
 ULTRAVIOLET FLUORESCENCE

Recovery of Fire Accelerant Residue

Accelerant residues must first be separated from the ashes, wood, carpeting, or other material in which
they are found before they can be analyzed. This extraction is usually accomplished by one of three
types. Of distillation: simple, steam, or vacuum. Both steam and vacuum distillation are capable of
extracting 64% of any gasoline from debris.

Identification of Prime Suspect

The final basic line of inquiry is the identification of the fire setters and his accomplices if any. The
identification is developed from clues, traces, testimony of persons particularly eye witnesses, and
expert testimony may be of value.

Difficulties in Investigating Arson Cases

Many fires receives only a per functionary investigation, while many others are not investigated at all.
This is true both in the case of the initial investigation of the cause of the fire and in the case of the
subsequent criminal investigation when incendiarism is known or suspected. This situation causes the
number of fires classified as incendiary or suspicious to significantly underestimate the true level of
arson and helps to cause the low arson arrest and conviction. The reasons for the low rate of
investigation of fires fall mainly into two categories.

1. Physical nature of the fire scene. No other type of crime scene except bombings is characterized by as
much destruction and disorder as arson. Investigators must search through piles of debris and rubbles,
often on their hands and knees. Ashes, soot, and char make fire scenes filthy and malodorous. They can
ruin clothes and cause personal problems for investigators returning home from fire scenes. An
investigator's wife may be able to adjust to his late night calls, but may find the inevitable filthy and foul-
smelling clothes intolerable. For this reasons or because he finds such conditions undignified, an
investigator's may request transfer to other duties.

The fire scene search is further aggravated by water remaining from the extinguishments. The scene may
be a quagmire, making the rubble wet and heavy to move out the way. Plaster fallen from walls and
ceilings mixed with the water, forming a gray slush retarding the investigator's movements. The fire
scene may be dangerous to work in because of the imminent collapse of upper parts of the structure. It
may be exposed to the elements, making work in foul weather difficult and unpleasant.

In addition to the destruction of the fire, there are further problems caused by firefighter mop-up
process and salvage operations immediately following the fire. This involves finding and eliminating any
smoldering sports that might rekindle the fire. This involves tearing open walls, ceilings, roofs, and other
partitions, and throwing objects like mattresses and sofas out the building. The salvage process involves
removing any salvageable items, such as furnishings or machinery, to a safe place and covering them
from the elements. The process hampers efforts to reconstruct the fire scene and the sequence of
events that led to arson. The original positions of objects must, as a result, usually be obtained through
meticulous interviews.

The sheer physical effort involved in the investigation is usually much greater for arson than for other
crimes, and the number of man- hours required is greater. Fire scene searches cannot be avoided,
particularly in view of the general lack of witnesses in arson. The investigator must often put together a
complex chain of circumstantial evidence to establish arson and implicate a suspect. Any physical
evidence may be destroyed by the fire or lost in the debris.

Securing the fire scene poses another real problems, since the investigator in most cases, is late in
arriving. In general fireman do not recognized their responsibility in arson investigation and concentrate
on suppressing the fire without regard to the suspicious fire. In the fire is suspicious and should be
investigated.

The arson investigator must assume the responsibility responsibility for educating the firemen as to their
in suspicious fires. The firemen are usually in a position to make or break an arson case by their action in
taking fire alarm, arriving the scene, and suppressing the fire. The firemen must understand how
important their actions are to the investigator and why their cooperation is needed.

The arson investigator could profitably use some of his time teaching the firemen to recognize suspicious
fires. The same techniques can be taught the firemen how to protect the fire scene and to see that the
investigator is notified immediately: Usually, the sooner the investigator is notified and arrives at the fire
scene, the better he is in a position to investigate. The good investigator should closely work with
firemen, encourage them to be a part of the investigation, and keep them informed.

2. Administrative Problems

Historically, the attitude of police has often been that arson is a fire problem and that responsibility for
arson lies completely within the fire service. Arson, however, is a crime, and firefighters are not trained
to investigate criminal matters. As discussed in the previous section, the conditions typical of fire scenes
make arson investigation unpleasant and unrewarding. Neither the police nor fire agencies are anxious
to take over an area with such a low success rate. Both want to improve their statistics in order to
enhance their image and justify their budget. When budget cut occurs arson units are often the first to
go. The real winner in this dispute is the arsonist.

Difficulties in Prosecuting Arson Cases

Legally, fires are assumed to be accidental in origin until proven otherwise. The proof that the origin was
incendiary and that a crime occurred is called the corpus delecti (body of the crime) of the arson case.
Since arson is committed surreptitiously, witnesses are rare. Arson must therefore usually established
using circumstantial evidence including physical evidence, such as fire accelerant residues or multiple
points or origin of the fire, which s difficult to find.

Once arson has been established, the prosecution centers on implicating the defendant. Again witnesses
are few (unlike, say, robbery or assault), so a complex circumstantial case must usually be constructed.
Such a case requires greater trial preparation and more experience on the part of the fiscal: Further, the
low success rate and high work demands of arson cases make them most unattractive to prosecutors,
who demands of arson cases make them most unattractive to prosecutors, who demands of arson cases
make them most unattractive to prosecutors, who are usually overburdened with cases. One of the
criteria for promotion is the number of convictions returned. Finally, because of the heavy reliance on
physical evidence, the prosecutor may feel uneasy with the large amount of expert scientific testimony
required.

REPUBLIC ACT No. 9514 December 19, 2008

Repealed PD 1185

AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE PHILIPPINES, REPEALING

PRESIDENTIAL DECREE NO. 1185 AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. This Act shall be known as the "Revised Fire Code of the Philippines of 2008".

Section 2. It is the policy of the State to ensure public safety and promote economic development
through the prevention and suppression of all kinds of destructive fires and promote the
professionalization of the fire service as a profession. Towards this end, the State shall enforce all laws,
rules and regulations to ensure adherence to standard fire prevention and safety measures, and
promote accountability for fire safety in the fire protection service and prevention service.

Section 3. Definition of Terms. - As used in this Fire Code, the following words and phrases shall mean
and be construed as indicated:

Abatement - Any act that would remove or neutralize a fire hazard.

Administrator - Any person who acts as agent of the owner and manages the use of a building for him.

Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives.

Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive compound produced by the
reaction of nitric acid with a cellulose material.

Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose
nitrate (nitro cellulose) as base.

Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire.

Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste
cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly
used in commerce.

Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F).

Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain
chemicals.

Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and
extending below the bottom chord of the roof trusses, to divide the underside of the roof into
separate compartments so that heat and smoke will be directed upwards to a roof vent.

Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other
elements produces a rapid drop in temperature of the immediate surroundings.
Damper - A normally open device installed inside an air duct system which automatically closes to
restrict the passage of smoke or fire.

Distillation - The process of first raising the temperature in separate the more volatile from the less
volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified
substance.

Duct System - A continuous passageway for the transmission of air.

Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited
will cause an explosion.

Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a
space between two conductors or terminals due to the incandescence of the conducting vapor.

Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing
without the manifestation of flames.

Finishes - Materials used as final coating of a surface for ornamental or protective purposes.

Fire - The active principle of burning, characterized by the heat and light of combustion.

Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits
or fire escapes.

Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the
building or fire fighting elements of the presence or danger of fire to enable them to undertake
immediate action to save life and property and to suppress the fire.

Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions.

Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the
occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and
the safeguarding of life and property.

Fire Lane - The portion of a roadway or publicway that should be kept opened and unobstructed at all
times for the expedient operation of fire fighting units.

Fire Protective And Fire Safety Device - Any device intended for the protection of buildings or persons
to include but not limited to built-in protection system such as sprinklers and other automatic
extinguishing system, detectors for heat, smoke and combustion products and other warning system
components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other
garments that may be put on or worn by persons to protect themselves during fire.

Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents,
means of egress, etc. integral to and incorporated into a building or structure in order to minimize
danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are
also designed to achieve, among others, safe and rapid evacuation of people through means of egress
sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay
their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls
and floors. It shall also mean to include the treatment of buildings components or contents with flame
retardant chemicals.

Flash Point - The minimum temperature at which any material gives off vapor in sufficient
concentration to form an ignitable mixture with air.

Forcing -A process where a piece of metal is heated prior to changing its shape or dimensions.

Fulminate - A kind of stable explosive compound which explodes by percussion.

Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or
produces materials which are likely to cause fires or explosions.

Horizontal Exit - Passageway from one building to another or through or around a wall in
approximately the same floor level.

Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for
fire fighting.

Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected.

Hypergolic Fuel - A rocket or liquid propellant which consist of combinations of fuels and oxidizers
which ignite spontaneously on contact with each other.

Industrial Baking And Drying - The industrial process of subjecting materials to heat for the purpose of
removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform
glazing the surface of materials being treated.

Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical
system.

Occupancy - The purpose for which a building or portion thereof is used or intended to be used.

Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease
contract with the owner or administrator or by permission or sufferance of the latter.

Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire
when in contact with combustible materials especially under conditions of high temperature.

Overloading - The use of one or more electrical appliances or devices which draw or consume
electrical current beyond the designed capacity of the existing electrical system.

Owner - The person who holds the legal right of possession or title to a building or real property.

Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate or
support combustion.

Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to
pressure prior to discharge into the combustion chamber and/or which includes fans or other
provisions for the introduction of air at above normal atmosphere pressure into the same combustion
chamber.
Public Assembly Building - Any building or structure where fifty (50) or more people congregate,
gather, or assemble for any purpose.

Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded,
dedicated or otherwise permanently appropriated for public use.

Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air.

Refining - A process where impurities and/or deleterious materials are removed from a mixture in
order to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.

Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay
the spread of fire.

Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure
metals.

Sprinkler System - An integrated network of hydraulically designed piping installed in a building,

structure or area with outlets arranged in a systematic pattern which automatically discharges water
when activated by heat or combustion products from a fire.

Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each
floor, including a system by which water is made available to the outlets as needed.

Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house
or building.

Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from
the base to the top of the building.

Section 4. Applicability of The Code. - The provisions of the Fire Code shall apply to all persons and all
private and public buildings, facilities or structures erected or constructed before and after its
effectivity.

Section 5. Responsibility for the Enforcement of this Code. - This Code shall be administered and
enforced by the Bureau of Fire Protection (BFP), under the direct supervision and control of the Chief
of the Bureau of Fire Protection, through the hierarchy of organization as provided for in Chapter VI of
Republic Act No. 6975. with the approval of the Secretary of the Department of the Interior and Local
Government (DILG), the BFP, is hereby authorized to:

a. Issue implementing rules and regulations, and prescribe standards, schedules of fees/fire service
charges and administrative penalties therefore as provided in the pertinent provisions of this Code;

b. Reorganize the BFP as may be necessary and appropriate;

c. Support and assist fire volunteers, practitioners and fire volunteer organizations in the country who
shall undergo mandatory fire suppression, inspection, rescue, emergency medical services and related
emergency response trainings and competency evaluations to be conducted by the BFP. In the case of
the Fire practitioners, they shall undergo mandatory continuous professional education and
competency evaluation of their expertise, knowledge and skills in the area of fire science, engineering
and technology to be conducted by the BFP;

The BFP may enter into external party agreements for the conduct of training, education and
evaluation of fire volunteers, practitioners and fire volunteer organizations, which shall be under the
full control and supervision of the BFP: Provided, however, That during firefighting operations, fire
volunteer organizations shall be under the direct operational control of the fire ground commanders of
the BFP;

d. Enter into long term agreement, either through public biddings or negotiations in accordance with
the provisions of Republic Act No. 9184, otherwise known as the Government Procurement Reform
Act of 2003, for the acquisition of fire prevention, fire protection and fire fighting investigation, rescue,
paramedics, hazardous material handling equipment, supplies, materials and related technical services
necessary for the fire services;

e. Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices and
corporations of the government, as well as private institutions, in order to define areas of cooperation
and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention,
fire suppression and other matters of common concern;

f. Call on the police, other law enforcement agencies, and local government assistance to render
necessary assistance in the enforcement of this Code;

g. Designate a fire safety inspector through his/her duly authorized representative, who shall conduct
an inspection of every building or structure within his area of responsibility at least once a year and
every time the owner, administrator or occupant shall renew his/her business permit or permit to
operate;

No occupancy permit, business or permit to operate shall be issued without securing a Fire Safety
Inspection Certification (FSIC) from the Chief, BFP, or his/her duly authorized representative;

h. Inspect at reasonable time, any building, structure, installation or premises for dangerous or
hazardous conditions or materials as set forth in this Code, provided that in case of single family
dwelling, an inspection must be upon the consent of the occupant or upon lawful order from the
proper court. The Chief, BFP or his/her duly authorized representative shall order the owner/occupant
to remove hazardous materials and/or stop hazardous operation/process in accordance with the
standards set by this Code or its implementing rules or regulations or other pertinent laws;

i. Where conditions exist and are deemed hazardous to life and property, to order the owner/occupant
of any building or structure to summarily abate such hazardous conditions;

j. Require the building owner/occupant to submit plans and specifications, and other pertinent
documents of said building to ensure compliance with applicable codes and standards; and

k. Issue a written notice to the owner and/or contractor to stop work on portion of any work due to
absence, or in violation of approved plans and specifications, permit and/or clearance or certification
as approved by the Chief, BFP or his/her duly authorized representative. The notice shall state the
nature of the violation and no work shall be continued on that portion until the violation has been
corrected.

Section 6. Technical Staff. - The Chief, BFP shall constitute a technical staff of highly qualified persons
who are knowledgeable on fire prevention, fire safety, and fire suppression. They may be drawn not
only from the organic members of the BFP and other government offices and agencies, but also from
other sources. In the latter case, they will either be appointed into the service or hired as consultants
in accordance with law. The technical staff shall study, review and evaluate latest developments and
standards on fire technology; prepare plans/programs on fire safety, prevention and suppression and
evaluate implementation thereof; develop programs on the professionalization of the fire service;
coordinate with appropriate government and private institutions for the offering of college courses on
fire technology and fire protection engineering; propose amendments to the Fire Code; advise the
Chief, BFP on any matter brought to his attention; and perform such other functions as directed on any
matter brought to his attention and perform such other functions as directed by higher authorities.

Section 7. Inspections, Safety Measures, Fire Safety, Constructions, and Protective and/or Warning
Systems. - As may be defined and provided in the Rules and Regulations, owners, administrators or
occupants of buildings, structures and their premises or facilities and other responsible persons shall
be required to comply with the following, as may be appropriate:

a. Inspection Requirement - A fire safety inspection shall be conducted by the Chief, BFP or his duly
authorized representative as prerequisite to the grants of permits and/or licenses by local
governments and other government agencies concerned, for the:
(1) Use or occupancy of buildings, structures, facilities or their premises including the installation or
fire protection and fire safety equipment, and electrical system in any building structure or facility; and

(2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and other
hazardous materials;

b. Safety Measures for Hazardous Materials - Fire safety measures shall be required for the
manufacture, storage, handling and/or use of hazardous materials involving:

(1) cellulose nitrate plastic of any kind;

(2) combustible fibers;

(3) cellular materials such as foam, rubber, sponge rubber and plastic foam;

(4) flammable and combustible liquids or gases of any classification;

(5) flammable paints, varnishes, stains and organic coatings;

(6) high-piled or widely spread combustible stock;

(7) metallic magnesium in any form;

(8) corrosive liquids, oxidizing materials, organic peroxide, nitromethane, ammonium nitrate, or any
amount of highly toxic, pyrophoric, hypergolic, or cryogenic materials or poisonous gases as well as
material compounds which when exposed to heat or flame become a fire conductor, or generate
excessive smoke or toxic gases;

(9) blasting agents, explosives and special industrial explosive materials, blasting caps, black powder,
liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind, and plastic explosives
containing ammonium salt or chlorate;

(10) fireworks materials of any kind or form;

(11) matches in commercial quantities;

(12) hot ashes, live coals and embers;

(13) mineral, vegetable or animal oils and other derivatives/by products;

(14) combustible waste materials for recycling or resale;

(15) explosive dusts and vapors; and

(16) agriculture, forest, marine or mineral products which may undergo spontaneous combustion.

(17) any other substance with potential to cause harm to persons, property or the environment
because of one or more of the following: a) The chemical properties of the substance; b) The physical
properties of the substance; c) The biological properties of the substance. Without limiting the
definition of hazardous material, all dangerous goods, combustible liquids and chemicals are
hazardous materials.

c. Safety Measures for Hazardous Operation/Processes - Fire Safety measures shall be required for the
following hazardous operation/processes:

(1) welding or soldering;

(2) industrial baking and drying;

(3) waste disposal;

(4) pressurized/forced-draft burning equipment;

(5) smelting and forging;

(6) motion picture projection using electrical arc lamps;

(7) refining, distillation and solvent extraction; and

(8) such other operations or processes as may hereafter be prescribed in the Rules and Regulations.

d. Provision on Fire Safety Construction, Protective and Warning System - Owners, occupants or
administrator or buildings, structures and their premises or facilities, except such other buildings or
structures as may be exempted in the rules and regulations to be promulgated under Section 5 hereof,
shall incorporate and provide therein fire safety construction, protective and warning system, and
shall develop and implement fire safety programs, to wit:

(1) Fire protection features such as sprinkler systems, hose boxes, hose reels or standpipe systems and
other fire fighting equipment;

(2) Fire Alarm systems;

(3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other occupancies
in the same building;

(4) Provisions for confining the fire at its source such as fire resistive floors and walls extending up to
the next floor slab or roof, curtain boards and other fire containing or stopping components;

(5) Termination of all exits in an area affording safe passage to a public way or safe dispersal area;

(6) Stairway, vertical shafts, horizontal exits and other means of egress sealed from smoke and heat;
(7) A fire exit plan for each floor of the building showing the routes from each other room to
appropriate exits, displayed prominently on the door of such room;

(8) Self-closing fire resistive doors leading to corridors;

(9) Fire dampers in centralized airconditioning ducts;

(10) Roof vents for use by fire fighters; and

(11) Properly marked and lighted exits with provision for emergency lights to adequately illuminate
exit ways in case of power failure.

Section 8. Prohibited Acts. - The following are declared as prohibited act and omission.

(a) Obstructing or blocking the exit ways or across to buildings clearly marked for fire safety purposes,
such as but not limited to aisles in interior rooms, any part of stairways, hallways, corridors,
vestibules, balconies or bridges leading to a stairway or exit of any kind, or tolerating or allowing said
violations;

(b) Constructing gates, entrances and walkways to buildings components and yards which obstruct the
orderly and easy passage of fire fighting vehicles and equipment;

(c) Prevention, interference or obstruction of any operation of the Fire Service, or of duly organized
and authorized fire brigades;

(d) Obstructing designated fire lanes or access to fire hydrants;

(e) Overcrowding or admission of persons beyond the authorized capacity in movie houses, theaters,
coliseums, auditoriums or other public assembly buildings, except in other assembly areas on the
ground floor with open sides or open doors sufficient to provide safe exits;

(f) Locking fire exits during period when people are inside the building;

(g) Prevention or obstruction of the automatic closure of fire doors or smoke partitions or dampers;’

(h) Use of fire protective of fire fighting equipment of the fire service other than for fire fighting except
in other emergencies where their use are justified;

(i) Giving false or malicious fire alarms;

(j) Smoking in prohibited areas as may be determined by fire service, or throwing of cigars, cigarettes,
burning objects in places which may start or cause fire;

(k) Abandoning or leaving a building or structure by the occupant or owner without appropriate safety

measures;
(l) Removing. destroying, tampering or obliterating any authorized mark, seal, sign or tag posted or
required by the fire service for fire safety in any building, structure or processing equipment; and

(m) Use of jumpers or tampering with electrical wiring or overloading the electrical system beyond its
designated capacity or such other practices that would tend to undermine the fire safety features of
the electrical system.

Section 9. Violation, Penalties and Abatement of Fire Hazard. - Fire hazards shall be abated
immediately. The Chief, BFP or his/her duly authorized representative, upon the report that a violation
of this Code or other pertinent laws, rules and regulations is being committed, shall issue notice/order
to comply to the owner, administrator, occupant or other person responsible for the condition of the
building or structure, indicating among other things, the period within which compliance shall be
effected, which shall be within ten (10) to fifteen (15) days after the receipt of the notice/order,
depending on the reasonableness to adequately comply with the same.

If, after the lapse of the aforesaid period, the owner, administrator, occupant or other responsible
person failed to comply, the Chief, BFP or his/her authorized representative shall put up a sign in front
of the building or structure that it is fire hazard. Specifically, the notice shall bear the words
"WARNING: THIS BUILDING/STRUCTURE IS A FIRE HAZARD", which shall remain posted until such time
that the owner, administrator, occupant or other person responsible for the condition of the building,
structure and their premises or facilities abate the same, but such period shall not exceed fifteen (15)
days from the lapse of the initial period given in the notice/order to comply.

Finally, with the failure of the owner, administrator, occupant or other person responsible for the
condition of the building, structure and their premises or facilities to comply within the period
specified above, the Chief, BFP may issue order for such abatement. If the owner, administrator or
occupant of buildings, structure and their premises or facilities does not abate the same within the
period fixed in said order, the building, structure, premises or facilities shall be ordered closed by the
Chief, BFP or his/her duly authorized representative notwithstanding any permit clearance or
certificate earlier issued by the local authorities.

Any building or structure assessed and declared by the chief, BFP or his/her duly authorized
representative as a firetrap on account of the gravity or palpability of the violation or is causing clear
and present imminent fire danger to adjoining establishments and habitations shall be declared a
public nuisance, as defined in the Civil Code of the Philippines in a notice to be issued to the owner,
administrator, occupant or other person responsible for the condition of the building, structure and
their premises or facilities. If the assessed value of the nuisance or the amount to be spent in abating
the same is not more than One hundred thousand pesos (P100,000.00), the owner, administrator or
occupant thereof shall abate the hazard within fifteen (15) days, or if the assessed value is more than
One hundred thousand pesos (P100,000.00), within thirty (30) days from receipt of the order declaring
said building or structure a public nuisance; otherwise, the Chief, BFP or his/her duly authorized
representative shall forthwith cause its summary abatement. failure to comply within five (5) days
from the receipt of the notice shall cause the Chief, BFP or his/her duly authorized representative to
put up a sign in front of the building or structure, at or near the entrance of such premises, notifying
the public that such building or structure is a "FIRETRAP", which shall remain until the owner,
administrator, occupant or other person responsible for the condition of the building, structure and
their premises or facilities abate the same within the specified period.

Summary abatement as used herein shall mean all corrective measures undertaken to abate hazards
which shall include, but not limited to remodeling, repairing, strengthening, reconstructing, removal
and demolition, either partial or total, of the building or structure. The expenses incurred by the
government for such summary abatement shall be borne by the owner, administrator or occupant.
These expenses shall constitute a prior lien upon such property.

Section 10. Enforcement of The Lien. - If the owner, administrator or occupant fails to reimburse the
government of the expenses incurred in the summary abatement within ninety (90) days from the
completion of such abatement, the building or structure shall be sold at public auction in accordance
with existing laws and rules. No property subject of lien under Section 9 hereof, may be sold at a price
lower than the abatement expenses incurred by the government. The property shall be forfeited in
favor of the government if the highest bid is not at least equal to the abatement expenses.

Section 11. Penalties. -

1. Against the private individual:

a) Administrative fine - Any person who violates any provision of the Fire Code or any of the rules and
regulations promulgated under this Act shall be penalized by an administrative fine of not exceeding
Fifty thousand (P50,000.00) pesos or in the proper case, by stoppage of operations or by closure of
such buildings, structures and their premises or facilities which do not comply with the requirements
or by both such administrative fine and closure/stoppage of operation to be imposed by the Chief, BFP.
Provided, That the payment of the fine, stoppage of operations and/or closure of such buildings,
structures, and their premises or facilities shall not absolve the violator from correcting the deficiency
or abating the fire hazard. The decision of the Chief, BFP, under this subsection, may be appealed to
the Secretary of the Interior and Local Government. Unless ordered by the Secretary of the Interior
and Local Government the appeal shall not stay the execution of the order of the Chief, BFP. The
decision of the Secretary of the Interior and Local Government shall be final and executory.

(b) Punitive - In case of willful failure to correct the deficiency or abate the fire hazard as provided in
the preceding subsection, the violator shall, upon conviction, be punished by imprisonment of not less
than six (6) months nor more than six (6) years, or by a fine of not more than One hundred thousand
(P100,000.00) pesos or both such fine and imprisonment; Provided, however, that in case of a
corporation, firm, partnership or association, the fine and/or imprisonment shall be imposed upon its
officials responsible for such violation, and in case the guilty party is an alien, in addition to the
penalties herein prescribed, he shall immediately be deported; Provided, finally, that were the
violation is attended by injury, loss of life and/or damage to property, the violator shall be proceeded
against under the applicable provisions of the Revised Penal Code.

Any person who, without authority, maliciously removes the sign that a building or structure is a fire
hazard/firetrap placed by the authorized person in this Code shall be liable for imprisonment for thirty
(30) days or a fine not exceeding One hundred thousand pesos (P100,000.00) or both in the discretion
of the court.

Any person, who disobeys the lawful order of the fire ground commander during a firefighting
operation shall be penalized with imprisonment of one (1) day to thirty (30) days and a fine of five
thousand pesos (P5,000.00).

2. Against the public officer/employee

a) Administrative - The following acts or omissions shall render the public officer/employee in charge
of the enforcement of this Code, its implementing rules and regulation and other pertinent laws,
administratively liable, and shall be punished by reprimand, suspension or removal in the discretion of
the disciplining authority, depending on the gravity of the offense and without prejudice to the
provisions of other applicable laws:

(1) Unjustified failure of the public officer/employee to conduct inspection of buildings or structures at
least once a year;

(2) Deliberate failure to put up a sign in front of the building or structure within his/her area of
responsibility found to be violating this Code, its implementing rules and regulations and other
pertinent laws, that the same is a "FIRE HAZARD" or a "FIRETRAP";

(3) Endorsing to the Chief, BFP or his/her duly authorized representative for the certification, or
submitting a report that the building or structure complies with the standards set by this Code, its
implementing rules or regulations or other pertinent laws when the same is contrary to fact;

(4) Issuance or renewal of occupancy or business permit without the fire safety inspection certificate
issued by the Chief, BFP or his/her duly authorized representative;

(5) Failure to cancel the occupancy or business permit after the owner, administrator, occupant or
other person responsible for the condition of the building, structure and other premises failed to
comply with the notice/order for compliance with the standards set by this Code, its implementing
rules and regulations and other pertinent laws, within the specified period;
(6) Failure to abate a public nuisance within fifteen (15) days after the owner, administrator, occupant
or other responsible person failed to abate the same within the period contained in the notice to
abate;

(7) Abusing his/her authority in the performance of his/her duty through acts of corruption and other
unethical practices; or

(8) Other willful impropriety or gross negligence in the performance of his/her duty as provided in this
act or its implementing rules and regulations.

b) Punitive - In the case of willful violation involving the abovementioned acts or omissions
enumerated under Section 11 subparagraph 2(A) the public officer/employees shall, upon conviction,
be punished by imprisonment of not less than six (6) months nor more than six (6) years or by a fine of
not more than One hundred thousand (P100,000.00) or both such fine and imprisonment: Provided,
That where the violation is attended by injury, loss of life and/or property, the violator shall be
proceeded against under the applicable provisions of the Revised Penal Code.

Section 12. Appropriation and Sources of Income. -

(a) To support the manpower, infrastructure and equipment needs of the fire service of the BFP, such
amount as may be necessary to attain the objectives of the Fire Code shall be appropriated and
included in the annual appropriation of the BFP.

(b) To partially provide for the funding of the fire service the following taxes and fees which shall
accrue to the General Fund of the National Government, are hereby imposed:

(1) Fees to be charged for the issuance of certificates, permits and licenses as provided for in Section 7
(a) hereof;

(2) One-tenth of one per centum (0.1%) of the verified estimated value of buildings or structures to be
erected, from the owner thereof, but not to exceed fifty thousand (P50,000.00) pesos, one half to be
paid prior to the issuance of the building permit, and the balance, after final inspection and prior to
the issuance of the use and occupancy permit;

(3) One-hundredth of one per centum (0.10%) of the assessed value of buildings or structures annually
payable upon payment of the real estate tax, except on structures used as single family dwellings;

(4) Two per centum (2%) of all premiums, excluding re-insurance premiums for the sale of fire,
earthquake and explosion hazard insurance collected by companies, persons or agents licensed to sell
such insurances in the Philippines;

(5) Two per centum (2%) of gross sales of companies, persons or agents selling fire fighting equipment,
appliances or devices, including hazard detection and warning systems; and
(6) Two per centum (2%) of the service fees received from fire, earthquake, and explosion hazard
reinsurance surveys and post loss service of insurance adjustment companies doing business in the
Philippines directly through agents.

Section 13. Collection of Taxes, Fees and Fines. - All taxes, fees and fines provided in this Code, shall be
collected by the BFP. Provided, That twenty percent (20%) of such collection shall be set aside and
retained for use by the city or municipal government concerned, which shall appropriate the same
exclusive for the use of the operation and maintenance of its local fire station, including the
construction and repair of fire station: Provided, further, That the remaining eighty (80%) shall be
remitted to the National Treasury under a trust fund assigned for the modernization of the BFP.

"Sec. 13-A. Assessment of Fire Code Taxes, Fees and Fines. - The assessment of fire code taxes, fees
and fines is vested upon the BFP. The BFP shall, subject to the approval of the DILG, prescribe the
procedural rules for such purpose.

Sec. 13-B. Collection and Assessment of Local Taxes, Fees and Fines. - The collection and assessment of
taxes, fees and fines as prescribed in the Local Government Code, except those contained in this Code,
shall be function of the concerned local government units.

Sec. 13-C. Use of Income Generated from the Enforcement of the Fire Code. - The Chief, BFP is
authorized, subject to the approval of the Secretary of the Interior and Local Government, to use the
income generated under the Fire Code for procurement of fire protection and fire fighting
investigation, rescue, paramedics, supplies and materials, and related technical services necessary for
the fire service and the improvement of facilites of the Bureau of Fire Protection and abatement of fire
hazards.

The BFP shall determine the optimal number of equipment, including, but not limited to, fire trucks
and fire hydrants, required by every local government unit for the proper delivery of fire protection
services in its jurisdiction.

In the procurement of fire fighting and investigation supplies and materials, the Bureau of Product
Standards of the Department of Trade and Industry shall evaluate, determine and certify if the supply
to procured conforms to the product standards fixed by the BFP. For this purpose, the BFP shall submit
to the Bureau of Product Standards a detailed set of product standards that must be complied with in
the procurement of fire fighting and investigation supplies and materials within six (6) months from
the effectivity of this act.
Sec. 13-D. Monitoring the Implementation of the Fire Code and the Amount of the Fees Collected. -
The Chief, BFP shall, within six (6) month from the effectivity of this Code, submit to the Secretary of
the Interior and Local Government for his/her approval, a management tool or mechanism that would
ensure effective monitoring of the enforcement of the Fire Code to include the amount of Fire Code
fees collected.

Section 14. Within sixty (60) days from the effectivity of this Act, the Secretary of the Interior and Local
Government shall issue the rules and regulations for its effective implementation.

Section 15. Presidential Decree No 1185 is hereby repealed. All laws, presidential decrees, letters of
instructions, executive orders, rules and regulations insofar as they are inconsistent with this Act, are
hereby repealed or amended as the case may be.

Section 16. In case any provision of this Act or any portion thereof is declared unconstitutional by a
competent court, other provisions shall not be affected thereby.

Section 17. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in
two (2) national newspapers of general circulation.