Theft and Robbery Investigation

THEFT AND
ROBBERY
INVESTIGATI
ON
Prepared by: Group 7
MALTO, REYNALDO JR. D.
JACOB, CARLITO JR. B.
VERGARA, JOHN MARK S.
AVILA, JASON O.
AREVALO, ARVIN B.
ATULI, ARMAND ADRIAN A.
I. DEFINITION OF THEFT AND ROBBERY
Theft is defined as the physical removal of an object that is capable of being stolen
without the consent of the owner and with the intention of depriving the owner of it
permanently. Theft is committed by any person who, with intent to gain but without violence
against, or intimidation of persons nor force upon things, shall take personal property of another
without the latter's consent.
Robbery is defined as the taking of another’s property by force or threat. It is

sometimes also referred to as larceny by threat or force. Because robbery involves injury or the
threat of injury, it is considered a more serious crime than many of the other theft crimes.
Art. 293. Who are guilty of robbery. — Any person who, with intent to gain, shall take
any personal property belonging to another, by means of violence or intimidation of any person,
or using force upon anything shall be guilty of robbery.
II. ELEMENTS OF ROBBERY
The crime of robbery involves (1) the taking of the property of another (2) from his or her
person or in their presence (3) by violence, intimidation or threat (4) with the intent to deprive
them of it permanently. Robbery is thus distinct from the crime of larceny in two important
ways. First, the theft occurs through the use of force and intimidation. A perpetrator is not
required to use significant force, or extreme threats, in order to commit a robbery. All that is
required is the amount of violence or fear necessary to cause the victim to give up his or her
possessions. This may vary based on the value of the possession and the victim. For instance,
less violence may be required to rob an elderly woman of her possessions than would be required
to intimidate a strong young man. It is also important to note that the violence must occur as part
of the theft in order for the crime to rise to the level of robbery. If an individual uses violence
after the theft while trying to escape police, for instance, this will not make the crime a robbery.
A second distinction of robbery is that the crime must occur in the victim’s presence. This is
because violence or threat of harm requires the presence of the victim. If the victim is
unavailable, the elements of a robbery cannot be completed. While larceny requires that the
possessions that are stolen belonged to someone else, they can be taken in secret or while the
owner is unavailable. Robbery can only be charged if the victim personally experienced the
crime.
III. TWO TYPES OF ROBBERY
Section One. — Robbery with violence or intimidation of persons.
Art. 295. Robbery with violence against or intimidation of persons; Penalties. — Any
person guilty of robbery with the use of violence against or intimidation of any person shall
suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery,
the crime of homicide shall have been committed.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the
robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on
occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article
263 shall have been inflicted; Provided, however, that when the robbery accompanied with rape
is committed with a use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death (As amended by PD No. 767).
3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the
physical injuries penalized in subdivision 2 of the article mentioned in the next preceding
paragraph, shall have been inflicted.
4. The penalty of prison mayor in its maximum period to reclusion temporal in its medium
period, if the violence or intimidation employed in the commission of the robbery shall have
been carried to a degree clearly unnecessary for the commission of the crime, or when the course
of its execution, the offender shall have inflicted upon any person not responsible for its
commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23.
5. The penalty of prison correctional in its maximum period to prison mayor in its medium
period in other cases. (As amended by R. A. 18).
Section Two. — Robbery by the use of force upon things
Art. 299. Robbery in an inhabited house or public building or edifice devoted to

worship. — Any armed person who shall commit robbery in an inhabited house or public
building or edifice devoted to religious worship, shall be punished by reclusion temporal, if the
value of the property taken shall exceed 250 pesos, and if:
(a) The malefactors shall enter the house or building in which the robbery was committed, by
any of the following means:
1. Through an opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or window.
3. By using false keys, pick-locks or similar tools.
4. By using any fictitious name or pretending the exercise of public authority.
Or if —
(b) The robbery be committed under any of the following circumstances:
1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or
receptacle;
2. By taking such furniture or objects to be broken or forced open outside the
place of the robbery.
When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the
penalty next lower in degree shall be imposed.
The same rule shall be applied when the offenders are armed, but the value of the property taken
does not exceed 250 pesos.
When said offenders do not carry arms and the value of the property taken does not exceed 250
pesos, they shall suffer the penalty prescribed in the two next preceding paragraphs, in its
minimum period.
If the robbery be committed in one of the dependencies of an inhabited house, public building, or
building dedicated to religious worship, the penalties next lower in degree than those prescribed
in this article shall be imposed.
IV. ROBBERY AND THEFT COMPARED
ROBBERY THEFT
Theft is defined as the

Robbery is generally physical removal of an
considered to be more Both are Criminal Offence: object that is capable of
serious offense than theft Both robbery and theft are being stolen without the
because it involves the use considered criminal offence consent
of force or intimidation to that can result in serious
consequence such as fines Theft does not necessarily
take property from another involved violence or
and imprisonment
person. threats.
Both involved taking
Robbery may be classified property: Both robbery and Theft typically considered
as a violent crime, which theft involved taking considered property crime,
can result in longer prison property that belongs to which may result in less
sentences and other someone else without his severe penalties.
penalties. permission.
Theft can occur in both
Robbery often takes place Both can be prosecuted:
both robbery and theft be public and private space
in a public space, such as an can involved various
prosecuted by law
street, or bank, where the type of property. For ex. A
enforcement and criminal
perpetrator can use force justice system. person may steal bike
or threat of force to take parked on the street, take a
property from the victim. cash from a coworker’s
desk, or shoplift from a
store.
V. INVESTIGATIVE TECHNIQUES IN ROBBERY CASES
Robbery is a common crime that always involves violence or the threat of

violence, the risks of injury or death are much greater. officers approach a robbery scene
should be alert for escaping suspects and should look for a suitable place to take cover.
once they are inside the building, top priority should be given to helping the injured,
protecting physical evidence, obtaining systematic suspect or car descriptions from
victims and witnesses, and moving everyone out of the immediate crime scene. officers
can then begin the preliminary steps of the investigation itself. these steps include the
following:
 searching the immediate vicinity of the crime scene for evidence, and then
searching a larger area for suspects.
 a thorough search should be made of the crime scene itself with the aid of
victims and witnesses, if possible.
 the investigator should make photographs and sketches before anything is
moved and should recover, mark, identify, and get a signed receipt for each
item of evidence.
 thorough interviews of victims and witnesses should be conducted. use of
informants, a neighborhood canvass, department modus operandi records,
and records of serial numbers on bills can aid in tracking down suspects.
 converging evidence of physical items can also help establish a suspect's
guilt.
 finally, all legal requirements which govern a suspect should be meticulously
followed so that the suspect may not be freed on a legal technicality. in
addition, it is worthwhile interrogating suspects, if possible, because such
interrogation can often yield important admissions.
VI. PHYSICAL EVIDENCE TO BE COLLECTED

Physical evidence is crucial in theft and robbery investigations as it can provide
valuable information about the identity of the perpetrator and the circumstances of the
crime. Here are some examples of physical evidence that may be collected in theft and
robbery investigations:
 Fingerprints: Fingerprints can be left behind on surfaces such as windows, doors,
and objects that were touched or moved during the crime. Fingerprints can be
collected using dusting techniques and analyzed to identify the perpetrator.
 Footprints and shoe prints: Footprints and shoe prints can provide information
about the size and type of footwear worn by the perpetrator. These prints can be
collected using casting or lifting techniques and analyzed to determine the make and
model of the shoe or boot.
 DNA evidence: DNA evidence can be found in blood, hair, saliva, or other biological
material left at the scene of the crime. DNA samples can be collected and analyzed
to identify the perpetrator or link them to other crimes.
 Tool marks: Tool marks can be left behind by tools used to break into or steal from
a property. These marks can be collected and analyzed to identify the type of tool
used and possibly link the tool to the perpetrator.
 Surveillance footage: Surveillance footage can provide visual evidence of the crime
and potentially identify the perpetrator. Surveillance footage can be collected from
security cameras, ATM machines, or other sources.
 Stolen property: Stolen property can provide evidence of the crime and potentially
lead to the identification of the perpetrator. Stolen property can be collected and
analyzed for fingerprints, DNA, or other physical evidence that may link it to the
perpetrator.
REFERENCE:
 Justia. (2022) Robbery. Retrieved from https://www.justia.com/criminal/offenses/theft-

crimes/robbery/
 Encyclopedia Britannica. (2021). Theft. In Encyclopedia Britannica. Retrieved
September 23, 2021, from https://www.britannica.com/topic/theft
 Criminal Law Philippines. (2021). Crimes Against Property. Retrieved September 14,
2021, from https://criminallawphilippines.wordpress.com/category/revised-penal-
code/book-2-crimes-penalty/10-crime-against-property/
 Office of Justice Programs. (2017). Robbery Investigation. National Criminal Justice
Reference Service. Retrieved from
https://www.ojp.gov/ncjrs/virtual-library/abstracts/robbery-investigation
 FBI. (2019). Crime Scene Investigation: A Guide for Law Enforcement. Retrieved
from https://www.fbi.gov/file-repository/crime-scene-investigation-a-guide-for-law-
enforcement.pdf/view
 National Institute of Justice. (2016). DNA Evidence: Basics of Identifying, Gathering
and Transporting. Retrieved from https://nij.ojp.gov/topics/articles/dna-evidence-
basics-identifying-gathering-and-transporting
 National Institute of Justice. (2018). Footwear and Tire Track Evidence. Retrieved
from https://nij.ojp.gov/topics/articles/footwear-and-tire-track-evidence
 National Institute of Justice. (2018). Toolmark Examination. Retrieved from
https://nij.ojp.gov/topics/articles/toolmark-examination

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THEFT AND

Robbery is defined as the taking of another’s property by force or threat. It is

II. ELEMENTS OF ROBBERY

III. TWO TYPES OF ROBBERY

Section One. — Robbery with violence or intimidation of persons.

Section Two. — Robbery by the use of force upon things

Art. 299. Robbery in an inhabited house or public building or edifice devoted to

1. Through an opening not intended for entrance or egress.

2. By breaking any wall, roof, or floor or breaking any door or window.

3. By using false keys, pick-locks or similar tools.

4. By using any fictitious name or pretending the exercise of public authority.

(b) The robbery be committed under any of the following circumstances:

2. By taking such furniture or objects to be broken or forced open outside the

place of the robbery.

Theft is defined as the

Robbery is a common crime that always involves violence or the threat of

VI. PHYSICAL EVIDENCE TO BE COLLECTED

 Justia. (2022) Robbery. Retrieved from https://www.justia.com/criminal/offenses/theft-

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