PEROLINA NICK RANEL C.

for the purpose of the other provisions of this Code, the

penalty shall be termed prisión mayor or reclusion
CRI 176: SPECIALIZED CRIME INVESTIGATION
temporal.
LESSON 8
2. The penalty of prisión correccional in its
medium and maximum periods, if the value of the thing
stolen is more than (P600,000) but does not exceed
Theft, A308-309, 311 RPC (P1,200,000).
Theft 3. The penalty of prisión correccional in its
-is the offense of taking another's personal property minimum and medium periods, if the value of the
without violence against or intimidation of persons nor property stolen is more than (P20,000) but does not
force upon things. exceed (P600,000).
CONCEPT: 4. Arresto menor in its medium period to prisión
Theft correccional in its minimum period, if the value of the
- is [an offense] committed if the taking [of another's property stolen is over (P5,000) but does not exceed
personal property] is without violence against or (P20,000).
intimidation of persons nor force upon things. (Tan v. 5. Arresto menor to its full extent, if such value is
People, G.R. No. 134298, August 26, 1999) over Five hundred pesos (P500) but does not exceed
(P5,000).

LEGAL BASIS: 6. Arresto menor in its minimum and medium

periods, if such value does not exceed (P500).
Article 308. Who is liable for theft. - Theft is committed
by any person who, with intent to gain but without 7. Arresto menor or a fine not exceeding
violence against or intimidation of persons nor force (P20,000), if the theft is committed under the
upon things, shall take personal property of another circumstances enumerated in paragraph 3 of the next
without the latter's consent. preceding article and the value of the thing stolen does
not exceed (P500).
8. Arresto menor in its minimum period or a fine
THEFT IS LIKEWISE COMMITTED BY: of not exceeding (P5,000), when the value of the thing
1. Any person who, having found lost property, stolen is not over (P500), and the offender shall have
shall fail to deliver the same to the local authorities or acted under the impulse of hunger, poverty, or the
to its owner, difficulty of earning a livelihood for the support of
himself or his family. (As amended by R.A. 10951)
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; Art. 311. Theft of the property of the National Library
and and National Museum.
3. Any person who shall enter an in closed estate - If the property stolen be any property of the National
or a field where trespass is forbidden or which belongs Museum, the penalty shall be arresto mayor or a fine
to another and without the consent of its owner, shall ranging from (P40,000) to (P100,000), or both, unless a
hunt or fish upon the same or shall gather cereals, or higher penalty should be provided under other
other forest or farm products. provisions of this Code, in which case, the offender shall
be punished by such higher penalty. (As amended by
R.A. 10951) MODES OF COMMISSION OF THEFT:
Art. 309 Penalties. - Any person guilty of theft shall be
1) Taking of another's personal property with
punished by:
intent to gain and without the use of violence,
intimidation, or force upon persons or things.
1. The penalty of: 2) Any person who, having found lost property,
- prisión mayor in its minimum and medium shall fail to deliver the same to the local authorities or
periods, if the value of the thing stolen is more than to its owner.
(1,200,000) but not exceed (P2,200,000);
3) Any person who, after having maliciously
- but if the value of the thing stolen exceeds the damaged the property of another, shall remove or make
latter amount, the penalty shall be the maximum period use of the fruits or object of the damage caused by him.
of the one prescribed in this paragraph, and one (1)
year for each additional (P1,000,000), - but the total of
the penalty which may be imposed shall not exceed
twenty (20) years. - In such cases, and in connection
with the accessory penalties which may be imposed and
4) Any person who shall enter an in closed estate (e) The penalty of arresto mayor in its medium
or a field where trespass is forbidden or which belongs period if such value is over five (5) pesos but not
to another and without the consent of its owner, shall exceeding 50 pesos.
hunt or fish upon the same or shall gather cereals, or
(f) The penalty of arresto mayor in its minimum
other forest or farm products.
period if such value does not exceed 5 pesos.
ELEMENTS OF THE CRIME OF THEFT:
1) The actual act of taking without the use of violence, DOT:
intimidation, or force upon persons or things.
1. "Used secondhand article"
2) Intent to gain on the part of the taker. - shall refer to any goods, article, item, object or
anything of value obtained from an unlicensed dealer or
3) The absence of the owner's consent.
supplier.
(People v. Mejares, G. R. No. 225735, January 10, 2018,
Par Leonen, J) 2. "Unlicensed dealer/supplier" - shall refer to any
persons, partnership, firm, corporation, association
or any other entity or establishment not licensed by
PD No. 1612 (ANTI-FENCING LAW OF 1979) Section 2. the government.

Definition of Terms. 3. "Store", "establishment" or "entity" - shall be

construed to include any individual dealing in the
(a) "Fencing" is the act of any person who, with buying and selling used secondhand articles.
intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or dispose 4. "Buy and Sell"
of, or shall buy and sell, or in any other manner deal in - refer to the transaction whereby one purchases used
any article, item, object or anything of value which he secondhand articles for the purpose of resale to third
knows, or should be known to him, to have been persons.
derived from the proceeds of the crime of robbery or
5. "Station Commander"
theft.
- shall refer to the Station Commander of the
(b) "Fence" includes any person, firm, association Integrated National Police within the territorial limits of
corporation or partnership or other organization the town or city district.
who/which commits the act of fencing.

Section 3. Penalties
(a) The penalty of prision mayor, it the value of the
property involved is more than 12,000 pesos but not
Robbery
exceeding 22,000 pesos, if the value of such property
exceeds the latter sum, the penalty provided in this - Defined as the taking of another's property by
paragraph shall be imposed in its maximum period, force or threat.
adding one year for each additional 10,000 pesos, but - It is sometimes also referred to as larceny by
the total penalty threat or force.
- more serious crime than many of the other
which may be imposed shall not exceed twenty years. In
theft crimes.
such cases, the penalty shall be termed reclusion
temporal and the accessory penalty pertaining thereto ELEMENTS – ROBBERY WITH VIOLENCE OR
provided in the RPC shall also be imposed. INTIMIDATION OF PERSONS:
(b) The penalty of prision correccional in its There is taking of personal property;
medium and maximum periods, if the value of the
property robbed or stolen is more than 6,000 pesos but The personal property belongs to another;
not exceeding 12,000 pesos. The taking is with animus lucrandi; and,
(c) The penalty of prision correccional in its The taking is with violence against or intimidation of
minimum and medium periods, if the value of the persons.
property involved is more than 200 pesos but not
exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium Article 294.
period to prision correccional in its minimum period, if - Robbery with violence against or intimidation of
the value of the property involved is over 50 pesos but persons the use of violence against or intimidation of
not exceeding 200 pesos. any person shall suffer.
Penalties-Any person guilty of robbery with the use of - refers to the process of collecting information
violence against or intimidation of any person shall (or evidence) about a crime in order to: (1) determine if
suffer:
a crime has been committed;
1. The penalty of reclusion perpetua to death,
(2) identify the perpetrator;
when by reason or on occasion of the robbery, the
crime of homicide shall have been committed, or when (3) apprehend the perpetrator; and
the robbery shall have been accompanied by rape or
(4) provide evidence to support a conviction in court.
intentional mutilation or arson
2. The penalty of reclusion temporal in its medium
period to reclusion perpetua, when or if by reason or on Probable cause
occasion of such robbery, any of the physical injuries - refers to reasonable grounds, based on factual
penalized in subdivision 1 of Article 263 shall have been circumstances, that a crime has been committed
inflicted. and that the person accused is likely responsible.
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 FILING CRIMINAL CASES IN THE PHIIPPINES:
mentioned in the next preceding paragraph, shall have 1. Filing a Complaint
been inflicted. 2. Preliminary Investigation - is an inquiry or
4. The penalty of prision mayor in its maximum proceeding to determine whether there is
period to reclusion temporal in its medium period, if the sufficient ground to engender a well-founded
violence or intimidation employed in the commission of belief that a crime has been committed.
the robbery shall have been carried to a degree clearly 3. Filing Information
unnecessary for the commission of the crime, or when - to deposit a legal document with the clerk or
in the course of its execution, the offender shall have record custodian.
inflicted upon any person not responsible for its 4. Arraignment and Pre-Trail
commission any of the physical injuries covered by a. Arraignment
subdivisions 3 and 4 of said Article 263. - is the first step in a criminal proceeding where
the defendant is brought in front of the court
5. The penalty of prision correccional in its to hear the charges against them and enter a
maximum period to prision mayor in its medium period plea.
in other cases. - (Guilty or Not Guilty) The arraignment of an
or shall buy and sell, or in any other manner deal in any accused shall be held within thirty (30) days
article, item, object or anything of value which he from the filing of the information, or from the
knows, or should be known to him date the accused has appeared before the
justice, judge or court in which the charge is
pending, whichever date last occurs.
b. Pretrial
LESSON 9
- also called pretrial conference or pretrial
Crime review
- the intentional commission of an act usually deemed - is a hearing prior to trial, which all parties
socially harmful or dangerous and specifically defined, involved in the trial attempt to determine the
prohibited, and punishable under criminal law. issues, laws, or facts matter, before the court
trial.
5. Trial
3 STAGES IN THE COMMISSION OF CRIME: - is the formal examination before a competent
court tribunal of the matter in issue in a civil pr
CONSUMMATED criminal cause.
- All elements necessary for its execution and 6. Judgement
accomplishment are present. - final decision.
FRUSTRATED
-The offender has performed all the acts of execution to
produce the felony as a consequence. RULE 110 (PROSECUTION OF OFFENSES)

ATTEMPTED Section 2- The Complaint or information

-The offender begins the commission of the felony by
Section 3- Complaint defined
direct overt acts but does not perform all.
Section 4- Information defined
Section 5- Who must prosecute criminal actions
Criminal investigation
Section 6- Sufficiency or complaint or information
Section 7- Name of the accused MEANS OF DESTRUCTION AND IMPOSING PENALTIES
THEREFOR”
Section 8- Designation of the offense
Section 9- Cause of the accusation
Section 10- Place of commission of the offense
Section 11- Date of commission
LESSON 11
Section 12- Name of the offended party
> READ THIS LESSON ON YOUR MODULE.
Section 13- Duplicity of the offense
Section 14- Amendment or substitution
LESSON 12
Section 15- Place where action is to be instituted Section
RA 10364
16- Intervention of the offended party in criminal action.
- “AN ACT EXPANDING REPUBLIC ACT NO. 9208,
ENTITLED "AN ACT TO INSTITUTE POLICIES TO
Complaint ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY
- is typically lodged with the law enforcement agency or WOMEN AND CHILDREN, ESTABLISHING THE
directly to the prosecutor’s office. NECESSARY INSTITUTIONAL MECHANISMS FOR
THE PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
LESSON 10 VIOLATIONS AND FOR OTHER PURPOSES.”
Bombing-an attack or attacks on a place or area using "SEC. 3. Definition of Terms. - As used in this Act:
bombs, or the activity of attacking in this way.
(a) Trafficking in Persons
Explosion-a violent and destructive shattering or - refers to the recruitment, obtaining, hiring, providing,
blowing apart of something, as is caused by a bomb. offering, transportation, transfer, maintaining,
harboring, or receipt of persons with or without the
victim's consent or knowledge, within or across national
LAW RELATED TO BOMBING AND EXPLOSION: borders by means of threat, or use of force, or other
forms of coercion, abduction, fraud, deception, abuse of
PD 1866
power or of position, taking advantage of the
- was enacted to penalize any person or persons who
vulnerability of the person, or, the giving or receiving of
have access to explosives which can cause massive
payments or benefits to achieve the consent of a person
destruction to properties and loss of lives, among
having control over another person for the purpose of
other crimes. The penalties, however, were found to
exploitation which includes at a minimum, the
be loo severe as the decree also included mere illegal
exploitation or the prostitution of others or other forms
possession of firearms.
of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.

RA 9516 (b) Child

- refers to a person below eighteen (18) years of age or
- “AN ACT FURTHER AMENDING THE PROVISIONS one who is over eighteen (18) but is unable to fully take
OF PRESIDENTIAL DECREE NO. 1866, AS care of or protect himself/herself from abuse, neglect,
AMENDED, ENTITLED CODIFYING THE LAWS ON cruelty, exploitation, or discrimination because of a
ILLEGAL/UNLAWFUL POSSESSION, physical or mental disability or condition.
MANUFACTURE, DEALING IN, ACQUISITION OR
DISPOSITION OF FIREARMS, AMMUNITION OR (c) Prostitution
EXPLOSIVES OR INSTRUMENTS USED IN THE - refers to any act, transaction, scheme or design
MANUFACTURE OF FIREARMS, AMMUNITION OR involving the use of a person by another, for sexual
EXPLOSIVES, AND IMPOSING STIFFER PENALTIES intercourse or lascivious conduct in exchange for money,
FOR CERTAIN VIOLATIONS THEREOF, AND FOR OTHER profit or any other consideration.
RELEVANT PURPOSES"

(d) Forced Labor

PD 1727 - refers to the extraction of work or services from any
person by means of enticement, violence, intimidation
- “DECLARING AS UNLAWFUL THE MALICIOUS or threat, use of, force or coercion, including deprivation
DISSEMINATION OF FALSE INFORMATION OF THE of freedom, abuse of authority or moral ascendancy,
WILLFUL MAKING OF ANY THREAT CONCERNING debt-bondage or deception including any work or
BOMBS, EXPLOSIVES OR ANY SIMILAR DEVICE OR service extracted from any person under the menace of
penalty.
 Trafficking created under Section 20 of this Act."
(e) Slavery
- refers to the status or condition of a person over whom
SEC 4- Acts of Trafficking in Persons.
any or all the powers attaching to the right of ownership
are exercised.
People smuggling
- is the facilitation of illegal movement of people across
(f) Involuntary Servitude international borders for a fee.
- refers to a condition of enforced and compulsory
Human trafficking
service induced by means of any scheme, plan or
- is the long-term exploitation of people traded as
pattern, intended to cause a person to believe that if he
commodities for the sole purpose of economic gain
or she did not enter into or continue in such condition,
(e.g. forced labor, sexual exploitation, threats, violence
he or she or another person would suffer serious harm
and others.)
or other forms of abuse or physical restraint, or threat
of abuse or harm, or coercion including depriving access
to travel documents and withholding salaries, or the
abuse or threatened abuse of the legal process. SEC. 4-A. Attempted Trafficking in Persons. - Where
there are acts to initiate the commission of a trafficking
SEC 6. Qualified Trafficking in Persons
(g) Sex Tourism
- refers to a program organized by travel and tourism-
related establishments and individuals which consists of LESSON 13
tourism packages or activities, utilizing and offering
escort and sexual services as enticement for tourists. SEC 7- Confidentiality SEC 8-
This includes sexual services and practices offered Initiation of Investigation
during rest and recreation periods for members of the
military. (a) Initiation of Investigation.
- Law enforcement agencies are mandated to
immediately initiate investigation and
(h) Sexual Exploitation countertrafficking-intelligence gathering upon receipt of
- refers to participation by a person in prostitution, statements or affidavit from victims of trafficking,
pornography or the production of pornography, in migrant workers, or their families who are in possession
exchange for money, profit or any other consideration of knowledge or information about trafficking in persons
or where the participation is caused or facilitated by any cases.
means of intimidation or threat, use of force, or other (b) Prosecution of Cases-
forms of coercion, abduction, fraud, deception, debt Any person who has personal knowledge of the
bondage, abuse of power or of position or of legal commission of any offense under this Act, such as the
process, taking advantage of the vulnerability of the trafficked person, the parents, spouse, siblings, children
person, or giving or receiving of payments or benefits to or legal guardian may file a complaint for trafficking.
achieve the consent of a person having control over
another person; or in sexual intercourse or lascivious "(c) Affidavit of Desistance. Cases involving trafficking in
conduct caused or facilitated by any means as provided persons should not be dismissed based on the affidavit
in this Act. of desistance executed by the victims or their parents or
legal guardians. Public and private prosecutors are
(i) Debt Bondage directed to oppose and manifest objections to motions
- refers to the pledging by the debtor of his/her personal for dismissal.
services or labor or those of a person under his/her
control as security or payment for a debt, when the
length and nature of services is not clearly defined or "Any act involving the means provided in this Act or any
when the value of the services as reasonably assessed is attempt thereof for the purpose of securing an Affidavit
not applied toward the liquidation of the debt. of Desistance from the complainant shall be punishable
(j) Pornography under this Act."
- refers to any representation, through publication,
exhibition, cinematography, indecent shows,
information technology, or by whatever means, of a Section 12. Prescriptive Period.
person engaged in real or simulated explicit sexual - Trafficking cases under this Act shall prescribe in ten
activities or any representation of the sexual parts of a (10) years: Provided, however, that trafficking cases
person for primarily sexual purposes. committed by a syndicate or on a large scale as defined
under Section 6 shall prescribe in twenty (20) years.
(k) Council
- shall mean the Inter-Agency Council Against
What is the evidence needed to file a case of trafficking
in person?
a) Testimonial Evidence
- affidavit of the complainant and witnesses b)
Documentary Evidence
- contract of employment, travel documents,
records, police records, forensic reports and other
pertinent documents c) Object Evidence
- devices and instrument used in trafficking and
means to control the trafficked victims d) other
evidence relevant
Prosecution of cases in line with trafficking, - we
are referring to the filing of the appropriate
criminal charges.
- In cases related to trafficking, the traffic person
or the victim itself can file criminal charges. If not, the
parents, spouse, Siblings, children or legal guardian
may file a complaint for trafficking.
Prescription
- on the other hand simply means as the
allowable period from the commission of the crime
that the said party can file criminal charges. - In the
case of trafficking, the counting must start from the
day the victim was released from the bondage or
simply escape from being a change person.
- If the case is prescribed, it means you can no
longer file appropriate criminal charges.