8/10/2025

SPECIALIZED CRIME
INVESTIGATION II WITH
INTERROGATION AND
INTERVIEW

Special Crime Investigation

■ Deals with the study of major crimes based on the
application of special investigative techniques.

■ It is also the study concentrates more on physical evidence;

its collection, handling, identification and preservation in
coordination with the various criminalists in the crime
laboratory

■Special crime investigation focuses on specific crimes which

by their nature are difficult and complex to investigate

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CRIMES AGAINST PROPERTY

INVESTIGATION

CRIMES AGAINST PROPERTY

are crimes that are directed to a property, intellectual properties and
money. It includes many common crimes relating to theft or destruction of
someone else's property. It is any action whether by theft or destruction
and without permission from the rightful owner, to intentionally
permanently deprive or risk depriving, an individual or commercial entity
from their physical or virtual property.

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CRIMES AGAINST PROPERTY

are crimes that are directed to a property, intellectual properties and
money. It includes many common crimes relating to theft or destruction of
someone else's property.
It can range from lower-level offenses such as shoplifting, vandalism to
high-level felomy such as robbery and theft

ARTICLE 293 ROBBERY

ELEMENTS:
A. That there is unlawful taking of personal property
B. The personal property belong to another
C. That the taking be with intent to gain
D. That there is violence against or intimidation of any
person or force upon anything

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NOTES:
Belonging to another – person from whom property was taken need
not be the owner, legal possession is sufficient.

In instances of res nullus (without an owner) - There is no crime of

robbery or theft.

* The property must be personal property and cannot refer to real

property.

Taking of personal property – must be unlawful; if given in trust –

estafa

TWO TYPES OF ROBBERY

1. Intimidation against or violence upon persons

2. Force upon things;

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Art 294. Robbery With Violence Or Intimidation Of Persons

Robbery is oftentimes accompanied by violence or intimidation of another
person. The elements of these are as follows:

• The personal property belongs to another

• The unlawful taking of that property
• With intent to gain (animus lucrandi).
• The taking is with violence against or intimidation of persons.
** Violence or intimidation must be against the person of the
offended party, not upon the thing.

General Rule: BEFORE TAKING PERSONAL PROPERTY IS COMPLETE

Except: when violence results in – homicide, rape, intentional

mutilation or any of the serious physical injuries in par 1 and 2
of art 263, the taking of the property is robbery complexed with
any of these crimes under art 294, even if taking is already
complete when violence was used by the offender.

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VIOLENCE OR INTIMIDATION UPON

PERSON
A. Hold – ups are included in this category.
B. Snatching of handbags or jewelries are considered under this
category. If the victim puts resistance and violence is applied by
the robber.
C. The violence or intimidation is directed against the person who
is the owner of the property
D. Poking a gun or other deadly weapon on the victim to rob his
personal property are some forms of intimidation.

Art. 294. par.1. ROBBERY WITH HOMICIDE

Homicide is committed by reason or on occasion of robbery if it is
committed:
A. to facilitate robbery or the escape of the culprit
B. To preserve the possession by the culprit of the loot
C. To prevent discovery of the commission of the robbery
D. To eliminate witnesses to the commission of the crime

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ROBBERY WITH HOMICIDE

TAKE NOTE:
1. Original intent must be to commit robbery
2. The killing may occur before, during or after robbery
3. It is immaterial:
a) if the killing is by mere accident
b) there are multiple victims killed
c) identity of the person killed

* If death results or even accompanies a robbery, the crime

will be robbery with homicide provided that the robbery is
consummated.

* As long as the criminal objective or plan is to rob, whether

the killing committed by reason or on occasion thereof is
intentional or accidental, the crime is Robbery with Homicide.
( Pp vs. Pecato, 151 scra 14 ) As long as there was killing
when Robbery was taking place, Robbery with Homicide was
committed, the killing occurring on the occasion thereof.

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The law of course exculpates a person who takes part in the robbery
from the special complex crime of robbery with homicide and punishes
him only for simple robbery when there I proof that he tried to prevent
the homicide.

ROBBERY WITH RAPE

TAKE NOTE:
1. The original intent should robbery (Intent to gain preceded the act of
rape)
2. The rape must be consummated.
3. Additional rapes committed on same occasion of robbery will not
increase penalty. All acts of rape is considered in one crime of Robbery
with rape.
4. if rape and homicide is committed with robbery, the rape will be
considered as an aggravating circumstances.

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ROBBERY WITH PHYSICAL INJURIES

To be considered as such, the physical injuries must always be

serious. If the physical injuries are only less serious or slight,
they are absorbed in the robbery. The crime becomes merely
robbery.

But if the less serious physical injuries were committed after the
robbery was already consummated, there would be a separate
charge for the less serious physical injuries. It will only be
absorbed in the robbery if it was inflicted in the course of the
execution of the robbery. The same is true in the case of slight
physical injuries.

Robbery Committed by a Band

Band – more than 3 armed malefactors take part of the commission of

robbery

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Art 297. Attempted and Frustrated Robbery with homicide

Elements:
1. There is an attempted or frustrated robbery
2. Homicide is committed

Robbery by the Use of Force upon Things

Elements of Robbery by the Use of Force upon Things are:

• The is taking of personal property;

• The personal property belong to another;
• The taking is with animus lucrandi;
• The taking is with force upon things.
- It means the employment of force to effect entrance into the
house or building by destroying the door, window, roof, wall or floor of
the aforesaid house or building.

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A. The malefactors shall enter the house or building in which the robbery
was committed, by any of the following means (RA 3815, 1930, Section 229):
: (Entrance is Necessary)

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

Note:
a. The whole body of the culprit must be inside the building to constitute
entering
Ex: entering through the window or entering through a collapsed wall

The malefactors shall enter the house or building in which the robbery was
committed, by any of the following means (RA 3815, 1930, Section 229): :
(Entrance is Necessary)

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

Note:
B. Entering through the door and exiting through the window does not
constitute robbery

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

Note:
-The wall broken must be an outside wall not wall between rooms
- The door must be either the main door or the backdoor

3. By using false keys, picklocks or similar tools.

FALSE KEYS – genuine keys stolen from the owner or any keys other
than those intended by the owner for use in the lock
PICKLOCKS - tools for picking locks specially adopted to the commission
of robbery
Note:
- The false keys or picklocks must be used in entering the house and not
used in unlocking an interior door, drawers or cabinets.

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The malefactors shall enter the house or building in which the robbery was
committed, by any of the following means (RA 3815, 1930, Section 229):
(Entrance is Necessary)

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

Note:
- It must be efficient cause of the opening by the offended party of the
door of his or her house

Robbery With force upon things

B. Offender is inside the house of building
The taking of personal property is under any of the circumstances:

1. By the breaking of doors, wardrobes, cheats, 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

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Robbery and Theft, compared.

1.Both robbery and theft involve unlawful taking or
asportation as an element;

2. Both involve personal property belonging to another;

3. In both crimes, the taking is done with intent to gain;

4.In robbery, the taking is done either with the use of

violence or intimidation of person or the employment of force
upon things; whereas in theft, the taking is done simply
without the knowledge and consent of the owner.

Theft

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.

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Theft is also committed by the following (RA 3815,

1930, Section 308):
1. Any person who, having found lost property, shall fail to deliver the same to
the local authorities or to 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;
and

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 cereals, or other forest or farm
products.

Theft is consummated:
1. The actual taking without the use of violence, intimidation, or force
upon person or things
2. Intent to gain on the part of the taker
3. The absence of the owner consent

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Modes of Theft

1. Asportation – it is the carrying away of someone else property that is an

element of larceny. The taking away is accomplished w/o VAIP and FUT
2. Lost Property – the perpetrator finds a lost item/ property and failed or did not
intend to deliver the lost property to its rightful owner
3. Damage to property – The offender maliciously damage the property of others
and removes or makes use of the fruits of the object of the damaged caused
him
4. Hunting or Gathering – The violator enters an enclosed estate without the
consent of the owner and where trespass is forbidden. He hunts or fishes, or
gather crops without the consent of the owner.

Pilferage vs. Shoplifting

Pilferage – offenders are the employees of the company or industry
Shoplifting – customers of the industry are the offenders

Techniques of Thieves
• Lifting – picking up the property while the owner is not looking
• Dipping- reaching into the victims purse, pocket or bag in which the victim
is wearing and taking without the victims knowledge
• Slashing – cutting the straps of the victims bag to gain easier access to the
property
• Distraction – distracting the victim by engaging the accomplice a
conversation with the victim so he/ she would have less care to his or her
surroundings

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THEFT
A. Pickpockets, simple snatching and other forms are
included in this classification.
B. Theft inside the house or a building where entry is thru an
open or closed door but unlocked, this is theft.
C. Breaking the glass panes of a show window and
extending an arm to get the valuables inside is theft as the
force upon things is not used as means of entry.

Qualified Theft
1. A domestic servant,

2. With grave abuse of confidence,

3. If 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 fishpond or fishery, or

4. If property is taken on the occasion of fire, earthquake, typhoon, volcanic

eruption, or any other calamity, vehicular accident or civil disturbance.

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Usurpation

Requisites:
1. That the accused took possession of another’s real property or
usurped real rights in another’s property
2. That the possession or usurpation was committed with violence or
intimidation and
3. That the accused had animo lucrandi.

Malicious Mischief
Malicious mischief
are attempts against another's property inspired sometimes by hatred or a
desire for revenge and sometimes by the mere pleasure of destroying.
According to the Revised Penal Code of the Philippines, Any person who shall
deliberately cause the property of another any damage not failing within the
terms of the next preceding chapter shall be guilty of malicious mischief (RA
3815, 1930, Section 327). The elements of the crime of malicious mischief are:
 That the offender deliberately caused damage to the property of another;
That such act does not constitute arson or other crimes involving destruction;
That the act of demanding another's property be committed merely for the sake of
damaging it.

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Types of Malicious Mischiefs

1. Causing damage to obstruct the performance of public functions,
2. Using any poisonous or corrosive substance;
3. Spreading any intention or contagion among cattle;
4. Causing damage to the property of the National Museum or National
Library, or to any archive or registry, watermarks, road, promenade, or any
other thing used in common by the public

ESTAFA
the act of defrauding another party through deceit, false
representation, or breach of confidence.

Main Types of Estafa

1. Estafa through Unfaithfulness or Abuse of Confidence- this type of
estafa occurs when an individual is entrusted with property and
misappropriates, converts, or denies ownership of that property,
resulting in damage to the party who originally entrusted the
property.

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Elements:

1. That the accused has received money, goods, or any other

personal property from the offended party.
2. That the accused misappropriated, converted, or denied having
received such money, goods, or property
3. That such misappropriation or conversion was made to the
prejudice of the offended party,
4. That there was either an obligation to return the same property
or deliver its equivalent value.

ESTAFA
the act of defrauding another party through deceit, false
representation, or breach of confidence.

Main Types of Estafa

2. Estafa by Means of Deceit - this form of estafa involves the use of
fraudulent means to induce another party to part with their property
or money.

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Elements:

1. There must be deceit or fraud used by the accused;

2. The deceit must have induced the offended party to part with
their money or property;
3. As a result of the fraudulent action, the offended party suffers
damage.

ESTAFA
the act of defrauding another party through deceit, false
representation, or breach of confidence.

Main Types of Estafa

3. Estafa through Other Fraudulent Means. Involve schemes
designed to defraud others. Examples include false pretenses
regarding one's qualifications or abilities to secure money or services
from others, or fictitious transactions designed to create financial
harm to another person.

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Elements:

1. The accused employed fraudulent means to secure money or

property;
2. Such fraudulent means induced the offended party to part with
their property or money;
3. The act resulted in prejudice or damage to the offended party.

Brigandage / Highway Robbery

- The seizure of any person for ransom, extortion or

other unlawful purposes or the taking away of the
property of another by means of violence against or
intimidation of person or force upon things of other
unlawful means, committed by any person on any
Philippine highway.

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Brigandage / Highway Robbery

Elements:
1. The offenses is committed by at least 4 armed men
2. The perpetrators formed a band for the purpose of committing any of
the following:
a. Robbery in the highway
b. Kidnap person for ransom
c. Attain any other purpose by means of force and violence
d. There is a preconceived or intended victim

• Chapter Ten: Exemption from Criminal Liability in Crimes Against

Property
Article 332. Persons exempt from criminal liability. – No criminal, but
only civil liability, shall result from the commission of the crime of
theft, swindling or malicious mischief committed or caused mutually
by the following persons:
1. Spouses, ascendants and descendants, or relatives by affinity in the
same line.
2. The widowed spouse with respect to the property which belonged to
the deceased spouse before the same shall have passed into the
possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living
together.
The exemption established by this article shall not be applicable to
strangers participating in the commission of the crime.

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Arson
- Actual burning took place done with malicious intent. The burning is
done by a person who is criminally and civilly liable

Arson
Why is arson very hard to investigate?
- Arson is one of the most difficult offenses to investigate because the
arsonist were able to set fire and can escape undetected
- The fire can consume the scene and destroy much physical evidence
of the offense
- Harder forms of evidence are often buried in debris and grossly
altered in appearance

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STYLE AND TACTICS IN ROBBERY CASES

The identification in an armed robbery case often
relates to the tactics and style of the robbery. Robbery has
been categorized as having three styles:

The ambush – is the least planned of all and is based

on the element of surprise
The selective raid – involves a minimum of planning
but some casing of the robbery scene
The planned operation – is carefully structured and
the robbery group examines all aspects of the situation,
plans for all foreseeable contingencies.

TYPES OF ROBBERS

1. Career Robbers- he chose robbery as his work

2. Substance-habituated robbers commit robbery to sustain their
vices/habit.
3. Opportunistic/amateur robber- a kind of robber who are not
necessarily lifetime offender. He prey upon victims only when
there is an opportunity, often not planned, target low risk
victims, typically use no firearms, and work alone.
4. Professional Robbers- The robbery is well-planned, target high
risk commercial establishment, always with firearms, and
working in group.

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TECHNIQUE COMMONLY EMPLOYED BY ROBBERS – MEANS OF

ENTRY
The means of entry differs in various burglaries and are related to the
skill of a robber. The various known means of entry are:
1. The open door or window entry – the robber/s roams residence areas,
apartments, and hotels looking for open doors or windows.
2. The jimmy entry – the robber/s forces a door or window with an iron tool
such as a tire iron, screwdriver, or small crowbar or box opener.
3. The celluloid entry – the burglar forces open a door spring lock with a small
piece of celluloid.
4. The stopover or human fly entry – the burglar is an aerialist, the stopover
robber steps from a fire escape, balcony or other building to a nearby
window. The “human fly” robber can progress upward or downward or the
sides of a building to a selected point of entry.

5. Roof entry – the burglar breaks into a premises through a skylight or

air conditioning duct or the roof or by cutting a hole in the roof of a
building or residential home.
6. The hide –in entry – the burglar hides in a commercial premises until
all employees have left and then breaks out with the stolen property.
7. The cut-in entry – the robber uses tools of various kinds to cut
through the floor, ceiling, or wall of a store or office to another store or
office.
8. Hit and run – the robber breaks a window of a ground floor store and
takes property from a window or nearby portions of the premises, and
flees before police can be alerted to the crime.
9. Key entry – the robber uses a key – the key may be given to him by
an informant (finger-man) it may be stolen or the burglar may obtain a
duplicate or master key by various means.

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METHODS OF SAFEBREAKING
Punching- In this manner of entry a sledge
hammer and a drift punch are used to knock the
combination dial from the safe and to drive the
spindle back into the safe. This makes the
release mechanism of the lock accessible and allows
the safe to be opened.

Pulling – A device similar to a gear or wheel puller is

used to pull the dial or spindle completely out of the
safe door and thus allow the safe to be opened.

Peeling – This means of entry involves the prying

off the outer surfaces of the safe door so that the
locking mechanism of the safe is exposed and can
be pried open, allowing entry to the safe.

Drilling – One or more holes are drilled in the door of the safe to
expose the lock mechanism allowing the safe-breaker to align the
lock tumblers manually and open the door of the safe.

Ripping – This is a battering of the top, bottom or sides of a safe

with a chisel or other metal cutter, such as a ripping bar the
hydraulic ramming device used in a body and fender shop.

Burning – Use of oxygen/acetylene torch.

Blasting – Use of explosives

Carrying away.

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Evidence and Burden of Proof in Estafa Cases

1. Documentary Evidence: These may include contracts, receipts, bank
statements, and communications (eg, emails, text messages) that
demonstrate the fraudulent transaction. In cases involving financial
transactions, clear and concise documentation is crucial to establish that the
accused was entrusted with money or property and failed to fulfill their
obligations.
2. Testimonial Evidence: Testimonies from the complainant, witnesses, or expert
witnesses may also be presented to corroborate the existence of the deceit
and the damage suffered by the victim. It is essential that witnesses can
provide firsthand information regarding the transaction and the involvement
of the accused.
3. Demonstrative and Circumstantial Evidence: In cases where direct evidence is
lacking, circumstantial evidence can be used to show a pattern of behavior
that suggests fraudulent intent. The court will consider whether a series of
acts by the accused point to a deliberate scheme to defraud the complainant

What are the Pieces of Evidence needed to File a Robbery Case (PNP,
2011)?
1.Testimonial Evidence-Affidavit of complainant and witnesses
2.Documentary Evidence-photographs, videos, sketch, police
reports, other documents
3.Object Evidence- stolen items, weapons and other devices
4.Other relevant documents Investigation

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Checklist for Robbery

1.Find out as much as possible the crime before going to the scene and upon arrival
2.Overview. Take your bearings at the scene so that you get a rough picture of the area
and what has happened
3.Start keeping an action log
4.Cordon off the area or extend the existing cordon if necessary. The perpetrator's
route to and from the scene may need to be cordoned off as well.
5.Make sure that a list is made of the people who enter the crime scene.
6.Pause for thought and start planning. This is where the crime scene analysis starts
7.Note down your observations continuously. It is a good idea to use tape recorder
8.Take a general photograph of the scene. Film the scene with a video camera
9.Search for and collect pieces of evidence, objects and references samples etc.
10.Take photographs continuously. Capture all the evidence before collecting them. If
possible, engage a photographer for specialized trace evidence photography.
11.If the robbery was video/filmed (CCTV), view the video to see where evidence might
be found.

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Checklist for Robbery

12. Seize any video recordings and films in still cameras,
13. Draw a sketch. Mark the places where trace evidence and reference samples are
collected.
14. Write a continuous seizure report
15. Find out whether the proceeds of the robbery included bait money.
16. Check the crime scene before you leave it. Make sure that you have not
forgotten anything important, such as interrogation reports, memos, equipment,
etc.

Checklist for Robbery

Entry Route: After a ROBBERY, it is important to investigate how the offender got in.
It is important to find the entry route, which is not necessarily a door. Look at the
building from the outside and try to find traces of break-in or other damage to
doors or windows. Check the function of the lock and check whether there are any
pick marks (PNP, 2011).
Ask the VICTIM: Find out from the victim what has been stolen and where there are
traces of objects being moved by the perpetrator. That is the place to look for trace
evidence (PNP, 2011).
Latent footwear prints- Paper on the floor is always of interest since there may be latent
footwear prints on it. Collect all paper and then look for footwear prints on the paper at
your unit or send the papers to the Crime Laboratory for examination. There may also be
latent footwear prints on desk pads, chair seats, etc.

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PHYSICAL
• Footprints
EVIDENCE TO BE COLLECTED
• Fingerprints
 areas of break
 closets – prints may be found in door and jambs
 door knobs
 dressers
 pieces of furniture
 bottles and glasses
 walls
 tools
 Desks

• Clothings – sometimes the robbers exchange their own jacket with that
one found

• If a window was broken is effecting entry, glass particles may be

present in the trouser cuffs and pockets of suspect. Samples of
broken glass should be collected for possible future comparison in
the event that a suspect is picked up.
• Paint- If a crowbar has been used to force the window, paint may
adhere to the tool. Paint samples should be taken for future
comparison.
• Tool marks
• Tools
• Some robbers are given to add behavior such as defecation on the
floor, stealing fountain pen, eating candy or drinking excessively from
bottles found on the premises. The peculiarity of the behavior would
be noted and check in modus operandi index.
• Cords and ropes use.
• Firearms use.
• Get-away vehicle.
• Stolen articles/properties

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General Rules for the Collection and Preservation of Biological Materials

a. Use protective gloves.
1) If possible, avoid touching individual smears/traces. Remember that gloves
can entail a risk of contamination.
2) Change gloves after handling each kind of material and otherwise as
necessary.
3) Use disposable equipment for preliminary tests and collection of trace
evidence.
4) Cover surfaces where materials are to be placed with protective paper. Keep
victims’ and suspects’ clothes separate.
b. Avoid coughing or sneezing on evidence/materials.
c. Packaging of biological materials.
1) Use paper packaging for all biological materials or materials that are soiled
with biological matter. Although plastic bags are useful in many cases, they
cannot be recommended for routine use on account of residual moisture.

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General Rules for the Collection and Preservation of Biological Materials

.
2) Separate outer packages are to be used for trace evidence and for clothes from
persons involved.
3) Do not mix materials/samples from different people, for example clothes, in the
same parcel.
4) Fold the opening of the bag twice and seal with tape. Envelopes should also be
sealed with tape.
d. Special precautions
1) Make an explicit note if a person from whom material has been collected is
suspected of having an infectious disease.
2) Prevent contamination by avoiding all contact between collected evidence and
clothes seized from people.
3) Packages containing collected materials must not be opened until the examination
in the laboratory is to commence. The only exception is when moist or wet material
must be dried out under normal room conditions.

The Collection and Preservation of Blood

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The Collection and Preservation of Blood

The Collection and Preservation of Semen or Saliva

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The Collection and Preservation of Semen or Saliva

The Collection and Preservation of Semen or Urine

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The Collection and Preservation of Body Fluids

The Collection and Preservation of Body Fluids

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The Collection and Preservation of Body Fluids

The Collection and Preservation of Fibers

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The Collection and Preservation of Fibers

The Collection and Preservation of Hairs

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The Collection and Preservation of Fingerprints

The Collection and Preservation of Fingerprints

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The Collection and Preservation of Fingerprints

The Collection and Preservation of Articles in Clothing

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The Collection and Preservation of Articles in Clothing

The Collection and Preservation of Latent Footwear

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The Collection and Preservation of Visible Glove prints

The Collection and Preservation of Soil, Plants, Construction Materials

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The Collection and Preservation of Soil, Plants, Construction Materials

The Collection and Preservation of Tool Marks

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The Collection and Preservation of Glass

The Collection and Preservation of Glass

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The Collection and Preservation of Paint

The Collection and Preservation from Fire Scenes

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The Collection and Preservation from Fire Scenes

The Collection and Preservation of Materials from Explosion

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The Collection and Preservation of Materials from Explosion

The Collection and Preservation of Firearms

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The Collection and Preservation of Firearms

The Collection and Preservation of Firearms

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The Collection and Preservation of Firearms

The Collection and Preservation of Firearms

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