A Case of Alleged Theft

Submitted by:
Mary Ann Capilos Rodrigo
 INTRODUCTION

In common usage, theft is the taking of another person's property or services without

that person's permission or consent with the intent to deprive the rightful owner of it.

There are different types of theft. Some of these thefts and theft categories include;

Petty theft a property that is worth a minimal amount of money, second s Robbery a

theft through the use or threat of force, another is a theft by bringing stolen property

across state lines, embezzlement, theft by deception, identity theft, theft of lost mislaid

property, Burglary, theft by conversion and Intellectual theft property. In this case it is

necessary to specify what type of theft crime is involved due to a few factors, especially

when it comes to sentencing for theft crimes. Generally speaking, minor theft is

punished less severely, while more serious or widespread theft crimes are punished

more strictly. Some theft crimes that involve weapons or physical threats of harm may

sometimes be classified as violent crimes.

The role of police in the society is the keeper of peace to protect and serve the nation.

Our profession is highly motivated working in partnership with a responsive community

towards the attainment of a safe place for all citizens to live,work, invest and business

with.

The case that I will be presenting is a case of Alleged theft, stolen motor vehicle parts.

In such cases, stolen motor parts are sometimes being sold in the market. Recovery of

such stolen motor parts vary depending on the effort of jurisdiction’s of police

departments puts into recovery and devices installed to assist in the process. Police

departments use various methods of recovering stolen items such as random checks of

vehicles that come in front of patrol unit, checks all vehicles parked along the street or
within a parking lot. Police departments also receives tips on the location of the stolen

items. It is the duty of the Police Department to transmit the information in subdivision

pertaining to the theft or recovery of any motor vehicle.

BACKGROUND OF THE STUDY

Theft is the most famous and prevalent crime here in the Philippines. It happens

anywhere:  at home, stores, business structures, roads, streets, and other places that

the public can reach. Hundreds, or even thousand scams are being reported to the

authorities each year, and it still continues to increase every year.

Individuals who execute the crime of theft are usually those from the lower class section

of the social state of the Philippines. Numerous causes and motives are told to be the

motivations of such individuals to execute the crime. The most renowned reasons are:

poverty, lack of money, the need to gain fast money, unemployment, lack of education

and moral fiber, sickness, and most especially, ineffective laws.(wordpress.com)

An example of a situation here is given.

A case of theft: Around 8:00 in the morning of April 16,2015 fronting Solid Waste

Management Office of Palo LGU located in Palo Gym, Brgy. Sta. Cruz, Palo Leyte, the

complainant Mr. EB and the mechanic personally appeared in the office and requested

to put into and alleged that the said stolen item: 1 unit N70 Motolite 12 volts battery,

color white and 1 unit of n70 Motolite 12 volts Battery, Maintenance free, color white

worth Php 6,000.00 each were missing which was attached in a Palo LGU truck, FUSO

fighter, color white with plate # XXXXXX parked at the said place of occurrence. The

complainant alleged that when he conducted roving in the AOR at about 5:00 AM items

was still in the said vehicle and when the mechanic was about to start the engine of the

said truck at about 8:00 AM they discovered that said items were no longer inside the
truck. They believed it was took and carted away by the suspects. They further alleged

that they exerted effort to locate the same but no to avail. An official blotter was filed in

the Police station. Hence with enough information and evidences the complainant may

file a Judicial of Affidavit of Arrest to be executed by an officer who is a member of A

Police Station for filing Theft in the court.

ANALYSIS

The story above are true and represent a sample of the many cases investigated. The

story is presented to you for several reasons. First they will give you the flavor of what is

like to be an art of cop. The story will make you aware of suspects to watch out for as

well as treasures still missing. Most importantly, these cases often painfully exemplify

the llitle things that make us indefensible to swindlers and thieves. In this case the

accused should be charged with theft because he is found guilty on stealing the motor

part of the truck. Evidences and a witness was presented. Any person who is guilty of

theft is punishable by law. The act of the suspect by stealing the motor parts of the truck

constitutes theft which is defined under the Article 308 Revised Penal Code wit; Article

308. Who are liable for theft. Theft is committed by any person who, with intent to gain

but without violence against, or intimidation of person nor force upon things, shall take

personal property of another without the latters consent. The penalty for the amount of

theft shall depend upon the value of the thing stolen. In Article 310. Known as the

Qualified theft- it is said that the crime of theft shall be punished by the penalties next

higher by two degrees than those respectively specified in the next preceding article, if

committed by domestic servant, or with grave abuse of confidence, or if the property

stolen is motor vehicle. As the penalty for Qualified theft, the trial court as well as the

appellate court should have imposed the penalty. In this case the accused can be file

under the Pression mayor of Revised Penal Code.

RECOMMENDATIONS

VICTIM : During such situations where you are engaged in a case of theft and you are

the victim. First thing first, take action immediately. This is your chance on finding stolen

items or the people who took them. One of the reasons for this is because people

typically remember more details when the occurrence is fresh in their memory. As each

hour passes while waiting to file a claim, details become hazy or may be forgotten

completely. When filing a report be sure to ask for the name of the officer responding to

the incident. Ask for a copy of report when it is ready. Second is take photos of the

stolen items or rather if you have no pictures of the stolen item, like in this case at least

provide the serial no, or model of the stolen parts in the vehicle ( example: N70 Motolite

Battery). This will make easier to find updated information upon requests. Third, always

ask a copy of the entire police report. Look over the report for any errors or information

that may have been forgotten. And last thing is conduct follows up from time to time

since law enforcements officers have many serious crimes to deal with, theft cases

often get pushed lower on the priority.

POLICE OFFICERS: The police officer should respond immediately to the scene of the

crime or an accident. He or she should identify the suspects and witnesses,writing crime

reports,patrolling the area. They should obtain a very detailed list of stolen items. The

officers role upon receiving an information of the recovery of any motor vehicle,

chassis,engine,transmission or other parts and accessories take, report the recovery of

the of stolen item to the department and report to the owner.

WITNESS: as a witness you have to be honest in giving information.
CONCLUSIONS

As you can see, the police have a crucial role in all phases of a theft.

Before a theft even occurs, the police assist in; Public education including tips on

preventing theft and patrolling the surrounding.

During an alleged theft case a police should approach and examine scene where the

incident happened.

After an alleged theft has beeb committed the police take a report,investigate, alert the

local media about the suspect, arrest the suspect if with enough evidences and witness

and if the file of theft has been forwarded or the Judicial Affidavit of Arrest has been

forwarded, and last is to recover the stolen items.

As police officers, we have a responsibility to provide quality services to the citizens of

the communities in which we work. Taking report after report of auto thefts or other

cases such as burglaries,auto thefts, destruction of property and malicious burnings can

wear down even the most energetic officer. The frequent and repetitive nature of

property crime reports raises concerns of officer complacency and cynicism. There

simply is no room for theses attitudes in successful criminal investigation. Victims feel

violated and a crimes of this nature is often personal crisis. Each victim deserves to

have the best possible investigation conducted in each and every circumstance.
REFERRENCES

www.wordpress.com

www.au.gov.com

Article 310 Revised Penal Code

www.wikipedia.com

ww.justia.com