ROBBERY INVESTIGATION

ROBBERY
• It is the taking of personal property belonging to
another, with intent to gain, by means of violence
against, or intimidation of any person or using force
upon things.
PROVISIONS OF THE REVISED PENAL CODE
ON ROBBERY
TWO TYPES OF ROBBERY
1.ROBBERY WITH VIOLENCE OR
INTIMIDATION OF PERSON.
A. E.
ARTICLE ARTICLE
293 297
B. D.
ARTICLE ARTICLE
294 296
C.
ARTICLE
295
A. ARTICLE 293
• ELEMENTS
1. There must be a personal property belonging to
another
2. Unlawful taking of that personal property
3. With intent to gain (animus lucrandi)
4. With violence or intimidation of any person or
force upon things.
B. ARTICLE 294
• ELEMENTS

• Homicide result.
• Accompanied by rape or mutilation.
• Serious physical injury was resulted.
• The violence or intimidation is not necessary to the
commission of the crime.
C. ARTICLE 295
• ELEMENTS

• Robbery with physical injuries

• Committed in an uninhabited place and by a band
• With the use of firearm on a street, road or alley.
D. ARTICLE 296
• ELEMENTS
• Band – when more than three armed malefactors take
part in the commission of a robbery.

• When any of the arms are used in the commission of

the offense be an unlicensed firearm, the penalty to be
imposed upon all the malefactors shall be the
MAXIMUM of the corresponding penalty provided
by law, without prejudice of the criminal liability for
illegal possession of such unlicensed firearms.
E. ARTICLE 297
• ELEMENT

• Attempted and frustrated robbery committed under

certain circumstances.
2. ROBBERY BY THE USE OF FORCE OR FORCE UPON
THINGS

A. ARTICLE
B. ARTICLE 302
299
A. ARTICLE 299 – ROBBERY IN AN
INHABITED HOUSE OR PUBLIC BUILDING
OR EDIFICE DEVOTED TO WORSHIP.

• ELEMENTS
• Through an opening not intended for entrance or
egress;
• By breaking any wall, roof or floor or breaking any
door or window;
• By using false keys, picklocks or similar tools;
………………
………………(continuation)
• By using any fictitious name or pretending the
exercise of public authority;

• By the breaking of doors, wardrobes, chests or any

other kind of locked or sealed furniture or receptacle;

• By taking such furniture or objects to be broken or

forced open outside the place of the robbery.
B. ARTICLE 302 – ROBBERY IN AN
UNINHABITED PLACE OR IN A PRIVATE
BUILDING
• ELEMENTS
• If the entrance has been effected through any
opening not intended for entrance;
• If any wall, roof, floor or outside door or
window has been broken;
• If the entrance has been effected through the
use of false keys, picklocks, or other similar
tools;
B. ARTICLE 302 – ROBBERY IN AN
UNINHABITED PLACE OR IN A PRIVATE
BUILDING
• ELEMENTS
• If any door, wardrobe, chest or by sealed or
closed furniture or receptacle has been
broken
• If any closed or sealed receptacle, as
mentioned in the preceding paragraph, has
been removed even if the same to be
broken open elsewhere.
TYPES OF ROBBERS
1. PROFESSIONAL ROBBERS
• They have long term commitment to crime as source
of livelihood, planning and organizing crimes before
committing them and pursuing money to support a
particular lifestyle.

2. OPPORTUNIST ROBBERS
• They steal to obtain small amount of money to
vulnerable targets.
3. DRUG ADDICT ROBBERS
• Those who steal to support their drug habit.

4. ALCOHOLIC ROBBERS
• Those who have excessive consumption of alcohol.
 CHARACTERISTICS OF ROBBERS
• AMATEUR – INTERMITTENT ROBBERS
• They view themselves as lifetime offenders and
commits infrequent robbery offenses, often
recklessly.

• SPECIFIC OBJECTIVE OFFENDER

• They commit robbery beyond acquisition of money.
 CATEGORIES OF ROBBERS
• ARMED ROBBERS
• They used weapons in the commission of robbery.

• STRONG – ARM ROBBERS

• They use physical force in the commission of
robbery.
 TYPES OF ROBBERY
• STREET ROBBERY
• Occurred in public streets, thoroughfares or other
outdoor localities that are not obstructed from public
view.
• RESIDENTIAL ROBBERY (BURGLARY)
• Robbery of the domicile of the victim.
• VEHICLE – RELATED ROBBERY – R.A. 6539
• COMMERCIAL ROBBERY
• Profit – oriented operation such as bank and chain
stores.
 ROLES OF VICTIMS AND WITNESSES
• Probability of victimization

• Victims are not good witness because of stress involved

but may help in the identification of the suspect.

• Awareness of the investigator in facial identification

(artist sketch)
 PROFILE OF ROBBERY SUSPECTS
• YOUNGER SUSPECTS
• Operate near respective residential addresses with
little advance planning and may be influence by
alcohol or drugs
• MORE THAN ONE OFFENDER AGAINST
SINGLE VICTIM
• PROFESSIONAL ROBBERS
• Advanced planning and involve sums of money.
MODUS OPERANDI OF ROBBERS
1. Gaining entry/initial action/craft and disguise and
weapon.

2. Procedure inside the house/target/method.

3. Leaving the victim/building.

 PRIMARY/PRELIMINARY
CONSIDERATION
1. ISOLATE THE VICTIM AND WITNESS AND
INTERVIEW THEM SEPARATELY.

2. PROTECT THE CRIME SCENE AS

PRACTICABLE.

3. ESTABLISH THE MODE OF OPERATION.

FIRST RESPONDERS AND FORTUITOUS
WITNESS
• Gather information to patrol officers and secondary
witness.

• Conduct group interviews after comparison of notes and

results of individual interviews.
 CONDUCTING THE INVESTIGATION
• CRIME SCENE
• Gather physical traces and clues.

• TAKE GOOD CARE AND PROPERLY COLLECT

AND PROCESS THE EVIDENCES.
 SOME PHYSICAL EVIDENCES
1. Foot prints/tire prints
2. Fingerprints/latent prints
3. Saliva and other body secretions
4. Clothing and other fibers
5. If the suspect is arrested, it must link the commission
of the crime
6. Weapon and tool marks
7. Personal idiosyncrasies
 CONTINUING INVESTIGATION
1. It begins when the investigator leaves the crime scene.
2. Tracing and gathering pertinent information about
modus operandi and get away vehicle.
3. This is focused on the stolen property that was taken
away from the crime scene.
OTHER SOURCES OF INFORMATION

GOVERNMENT/
ARREST ROGUES NON –
RECORD GALLERY GOVERNMENT
RECORDS
 NEIGHBOURHOOD CANVASS

1. SURROUNDING THE LOCATION OF ROBBERY

2. ESCAPE ROUTE OF THE SUSPECT

3. USE OF CARTOGRAPHIC SKETCH IN THE

COMMUNITY
POLICE OPERATION IN THE PURSUIT OF
ROBBERS
1. Immediate pursuit
2. Alarms and notifications
3. Checkpoints
4. Apprehension at the scene
• Immobilized the get away vehicle
• Call for reinforcement
• Secure the area
• Pursue robbers
• Take care of hostage
• Employ tactical operations
• REPUBLIC ACT NO. 6539
⮚ANTI – CARNAPPING LAW

• PRESIDENTIAL DECREE 532

⮚HIGHWAY ROBBERY

• PRESIDENTIAL DECREE 533

⮚CATTLE RUSTLING
-------------------------------------------------------
OTHER CRIMES AGAINST PROPERTY
-------------------------------------------------------
A. THEFT (ARTICLE 308)
• ELEMENTS
1. There must be a personal property belonging to
another.
2. Take personal property of another without the
latter’s consent.
3. With intent to gain but without violence against or
intimidation of persons or force upon things.
4. Any person who, having found lost property, shall
fail to deliver the same to the local authorities or to
its owner.
…………….
…………….(continuation)
5. Any person who, after having maliciously damaged
the property of another, shall remove or make use of
the fruits or objects of the damaged caused by him.

6. Any person who shall enter an enclosed estate or a

field where trespass id forbidden or which belongs to
another and without the consent of its owner, shall
hunt or fish upon the same or shall gather cereals, or
other forest or farm products.
B. QUALIFIED THEFT (ARTICLE 310)
• ELEMENTS
1. The offender is a domestic servant, or with grave abuse
of confidence.
2. The property stolen is motor vehicle, mail matter or large
cattle or consists of coconuts taken from the premises of
the plantation or fish taken from a fish pond or fishery.
3. If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or ay other calamity,
vehicular accident or civil disturbance.
C. ANTI – FENCING LAW (P.D. 1612)
• ELEMENTS
1. With intent to gain for himself or for another.
2. Buy, receive, possess, keep, acquire, conceal, sell,
or dispose of, or buys and sells, or in any other
manner deal in.
3. Any article, item, object or anything of value.
4. Which he knows, or should be known to him, to
have been derived from the proceeds of the crime of
robbery or theft.
FENCE

• It includes any person, firm, association, corporation or

partnership, or other organizations who/which commits
the act of fencing.
PRESUMPTION OF FENCING

• Mere possession of any goods, article, item, object, or

anything of value which has been the subject of robbery
or thievery is a PRIMA FACIE evidence of fencing.
D. CATTLE RUSTLING(P.D. 533)
• ELEMENTS
1. Taking away by any means, methods, or scheme,
without the consent of the owner/raiser, of a large
cattle whether or not for profit or gain, or whether
committed with or without violence against or
intimidation of any person or force upon things.

2. Killing of a large cattle , or taking its meat or hide

without the consent of the owner/raiser.
PRESUMPTION OF CATTLE RUSTLING

• FAILURE to exhibit or show the required PERMIT or

CLEARANCE by any person having in his possession
control or custody of large cattle is a PRIMA FACIE
evidence that the large cattle in his possession control or
custody is the fruit of the crime of cattle rustling.
E. USURPATION OF
PROPERTY(ARTICLE 312)
• ELEMENTS

• Any person who, by means of violence against or

intimidation of persons, shall take possession of any
real property or shall usurp any real rights in property
belonging to another.
F. ESTAFA/SWINDLING (ARTICLE 315)
• ELEMENTS
1. By altering the substance, quantity, or quality or
anything of value which the offender shall deliver
by virtue of an obligation to do so, even though
such obligations be based on an immoral or illegal
consideration.
……………..
…………….. (continuation)

2. By misappropriating or converting, to the prejudice

of another, money, goods or any other personal
property received by the offender in trust or on
commission, or for administration, or under any other
obligation involving the duty to make delivery of or to
return the same, even though such obligation be totally
or partially guaranteed by bond; or by denying having
received such money, goods, or other property.
……………..
…………….. (continuation)
3. By taking undue advantage of the signature of the
offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the
offended party or of any third person.

4. By using fictitious name or falsely pretending to

possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or
by means of other similar deceits.
…………………..
…………….. (continuation)

5. By altering the quality, fineness or weight of

anything pertaining to his art or business.

6. By pretending to have bribed the Government

employee, without prejudice to the action for calumny
which the offended party mat deem proper to bring
against the offender. In this case, the offender shall be
punished by the maximum period of penalty.
……………..
…………….. (continuation)
7. By obtaining any food , refreshment or
accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like
without paying therefore, with intent to defraud the
proprietor or manager thereof, or by obtaining credit at
hotel, inn, restaurant, boarding house, lodging house, or
apartment house by the use of false pretense, or by
abandoning or surreptitiously removing any part of his
baggage from a hotel, inn, restaurant, boarding house,
lodging house, or apartment house after obtaining
credit, food , refreshment or accommodation therein
without paying for his food , refreshment or
…………….. (continuation)

8. By inducing another, by means of deceit, ato sign a

document

9. By resorting to some fraudulent practice to insure

success in a gambling game.

10. By removing, concealing or destroying, in whole

or in part, any court record, office files, document or
any other papers.
G. ANTI – BOUNCING CHECK
• ELEMENTS
1. Any person who makes or draws and issues any
check to apply on account or for value, knowing at
the time of issue that he does not have sufficient
funds in or credit with the drawee bank for the
payment of such check in full upon its presentment.
……………….
………………..(continuation)
2. Which check is subsequently dishonoured by the
drawee bank for insufficiency of funds or credit; or
3. Would have been dishonoured for the same reason
had not the drawer, without any valid reason, ordered
the bank to stop payment, and
4. Any person who, having sufficient funds in or credit
with the drawee bank when he makes or draws and
issue a check, shall fail to keep sufficient funds or to
maintain a credit to cover the full amount of the check
if presented within 90 days from date appearing
thereon, for which reason it is dishonoured by the
drawee bank.
H. MALICIOUS MISCHIEF (ARTICLE
327)
• ELEMENT

1. Any person who shall deliberately cause the property of

another.