CRIMES AGAINST PROPERTY

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 against or intimidation of any
person, or using force upon thing, shall
be guilty of robbery.
Robbery
• Classification of robbery:
1. Robbery with violence against, or
intimidation of persons.
2. Robbery by the use of force upon things.

• Personal property – The property taken must be

personal property, for if real property is occupied or
real right is usurped by means of violence against or
intimidation of person, the crime is usurpation.
ROBBERY
• Elements of robbery in general:
a. That there be (1) personal property; (2)
belonging to another.
b. That there is (3) unlawful taking of that
property.
c. That the taking must be (4) with intent to gain;
and
d. That there is (5) violence against or intimidation
of any person, or force upon things.
ROBBERY
• In robbery, the personal property of another
is taken by the offender against the will of
the owner.
• Belonging to another – Thus, one who by
means of violence or intimidation, took his
own property from the depositary is not guilty
of robbery.
ROBBERY
• Unlawful taking, when complete:
1. As to robbery with violence against or
intimidation of person.
- From the moment the offender gains possession of
the thing , even if the culprit has had no opportunity
to dispose the same the unlawful taking is complete.
- The fact that the defendant in his flight threw away
the property stolen or that it fell without his
knowledge, does not affect the nature of the crime.
ROBBERY
• Unlawful taking, when complete:
2. As to the robbery with force upon things.
Ex: When the culprit had already broken the
floor of the bodega, had entered it and had
removed one sack of sugar from the file, but was
caught in the act of taking out the sack of sugar
through the opening on the floor, it was
frustrated robbery only. (The thing must be taken
out of the building to consummate the crime).
ROBBERY
Personal property belonging to another and
intent to gain must “concur.”
Ex: 1. If the accused with intent to gain, took
from another, personal property which
turned out to be his own property not
belonging to another, he cannot be held
liable for robbery, even if in making it, the
accused used violence against or
intimidation of person, or force upon thing.
ROBBERY
• Personal property belonging to another
and intent to gain must “concur.”
Ex: 2. If he took personal property from another,
believing that it was his own property, but in
reality it belonged to the offended party, there
being no intent to gain, he cannot be held liable
for robbery, even if the accused used violence or
intimidation of person, or force upon things.
ROBBERY
• Violence or intimidation, as an element of
robbery.
– The violence must be against the person of
the offended party, not upon the thing taken.
Ex: Theft, not robbery, was committed in a case
where the accused cut with a bolo the strings
tying the opening of a sack containing palay
and then took the palay.
ROBBERY
• Using force upon things
– But the use of force upon things will not make the
taking of personal property robbery, if the culprit
never entered a house or building.
Ex: Removing by force the tires of an automobile
while parked on the street and taking them away
is not robbery, because the culprit did not use
force to enter a house or building.
ROBBERY
• Style and Tactics in Robbery cases
1. The Ambush – is the least planned of all and
is based on the element of surprise.
2. The Selective raid – involves a minimum of
planning but some casing of the robbery scene.
3. The planned operation – is carefully
structured and the robbery group examines all
aspects of the situation, plans for all foreseeable
contingencies.
ROBBERY
• Types of Robbers:
1. Amateurs – motivated by greed, want, the
desire for a thrill or need for self testing.
2. Professionals - are described as those
persons who worked at robbery as a trade
making it their living and having other no
other means of income.
ROBBERY
• Method of Operation (modus operandi) of Robbers:
1. Tutok- Kalawit
2. Martilyo Gang
3. Bunggo-bunggo Gang
4. Kursunada-bugbog Gang
5. Termite Gang
6. Akyat-bahay, Hog tied Gang
7. Roof entry
8. Hide-in-entry
ROBBERY
• Physical Evidence to be collected:
1. Footprints
2. Fingerprints – areas of breaks, closets, doorknobs, dresser, pieces
of furniture, bottles and glasses, walls, tools, desk.
3. Clothing – leather jackets that has been exchanged by the
robbers from that one found.
4. Paint – ex. May adhere to the crowbar used by the robber.
5. Tool marks, tools, cords and ropes
6. Firearms used
7. Get-away vehicle
8. Stolen articles/ properties.
ROBBERY
• Investigative Techniques:
1. Determine the point of entrance and point of
exit by the perpetrator.
2. Determine the full description and value of
stolen articles.
3. Gather physical evidence
4. Determine the modus operandi of the
perpetrator.
5. Full description of the get-away vehicle.
ROBBERY
•Investigative Techniques:
6. Coordinate with other law enforcement agencies.
7. Exploit investigative leads
8. Take written testimony of the complainant, witnesses.
9. Develop informants in the local underworld
10. Conduct surveillance – people engage in fence, known burglars.
11. Accumulate information on various robbers whether they are in
or out of prison.
12. In cases homicide is committed, follow the pattern of homicide
investigation.
THEFT
• Theft, defined.
- 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.
THEFT
• Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to
deliver the same to the local authorities or its owner;
2. Any person who, after having maliciously damaged the
property of another, shall remove or make use of the
fruits or object of the damage caused by him;
3. Any person who shall enter an enclosed estate or a field
where trespass is forbidden or which belongs to another
and without the consent of its owner, shall hunt or fish
upon the same or shall gather fruit, cereals, or other
forest or farm products.
THEFT
• Elements of Theft:
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent
of the owner.
5. That the taking be accomplished without the
use of violence against or intimidation of persons or
force upon things.
THEFT
• Meaning of “taking” in theft
– Theft is consummated when the culprits were able
to take possession of the thing taken by them. It is
not an indispensable element of theft that the
thief carry, more or less far away, the thing taken
by him from its owner.
– Theft is consummated from the moment the
offender had full possession of the thing, even if he
did not have an opportunity to dispose of the
same.
THEFT
• Example of Frustrated Theft
– When the place is surrounded with fence or wall
and one has to pass to check point before going
out, thus the timely discovery of the stolen items
(bulky box loaded with articles) before it could
pass out of the check point, the crime is frustrated
theft. (Supra, should be applied only in theft of
bulky things).
THEFT
• Example of Personal Property
- Electricity, gas, promissory note and checks,
invoice.

• Property belonging to another

- Thus, he who takes away the property pledged by
hm to another, without the latter’s consent, does not
commit theft, but “estafa”, for he is the owner of the
thing taken.
THEFT
• As to “intent to gain” – In tent to gain is presumed
from the unlawful taking of personal property
belonging to another.
- But if a person takes personal property from
another believing it to be his own, the presumption
of intent to gain is rebutted and, therefore, he is not
guilty of theft.
- The defendant is guilty of theft even if he did not
take the stolen articles for his own good, thus gave
them to another person.
THEFT
• As to “intent to gain”
- Joy ride or using car of another to learn how to drive is
sufficient gain.

- By the word gain is meant not only of a thing useful to the

purpose of life but also the benefit which is in any other use
may be delivered or expected from the act which is performed.
Ex: There is intent to gain when the employees took the
papers of his employer and delivered them to the government
investigators as an act of revenge.
THEFT
• Taking without the consent of the owner
- The law does not say without the knowledge of the owner
of the thing taken. Hence, even if the owner knew the taking,
but he did not consent to it, the accused is still liable for theft.
Ex: Thus, the accused, who picked the pocket of the
offended party while the latter was hearing mass in a church
and the latter, on account of solemnity of the act, although
noticing the theft, did not do anything to prevent it, took the
money of the offended party without his consent.
- “There is no theft when the taking of personal property is
with the consent of its owner”.
THEFT
• Force upon things in theft:
- Unless the force upon things is employed to enter
a building, the taking of the personal property
belonging to another with intent to gain is theft and
not robbery.
Ex: A entered the house of B through an open door
and once inside he removed by force, toilet fixtures
and carried them away, A is liable for theft in spite of
the use of force upon things because the force was not
employed to enter the house.
THEFT
• Method of Operation (modus operandi) on
Theft:
1. Ipit-Gang
2. Dura-dura Gang
3. Laglag-barya Gang
4. Salisi
5. Basag-kotse Gang
6. Dougnut-Gang
THEFT
• Investigative Techniques:
1. Determine the full description and value
of stolen articles.
2. Gather physical evidence
3. Determine the modus operandi of the
perpetrator.
4. Full description of the get-away vehicle.
THEFT
• Investigative Techniques:
5. Coordinate with other law enforcement agencies.
6. Exploit investigative leads
7.Take written testimony of the complainant, witnesses.
8. Develop informants in the local underworld
9. Conduct surveillance – people engage in fence, known
thieves.
10.Accumulate information on various thieves whether
they are in or out of prison.