Lost your phone or any other valuable item? Here is what you need to do:

Misplacing your phone is incredibly unpleasant and unfortunate. This article tackles the initial steps one is suggested to take if their phone or other personal property is lost. It also briefly discusses filing a criminal case and the difference between theft and robbery.

SHALL YOUR PHONE GET LOST OR STOLEN, HERE ARE THE STEPS WE SUGGEST YOU TAKE:

1. CALL YOUR BANK

If your bank account is connected to your phone, we highly recommend calling your bank immediately and informing them of your misplaced phone. This works the same way as losing a credit card, passbook, ATM card, or the like.

After reporting, the bank may request that you draft an “Affidavit of Loss”. Banks usually have their own format for Affidavits of Loss which you may request from them. If they do not, you may request the assistance of a lawyer to help draft and notarize your Affidavit of Loss.

2. CALL YOUR PHONE CARRIER

If you lose your phone, inform your phone carrier of the misplaced phone. Just like the bank, you may be requested to execute an Affidavit of Loss.

3. REPORT THE LOSS TO THE NEAREST POLICE STATION

Report the loss to the police station where the incident happened.

4. SECURE YOUR EVIDENCE

If the loss happened in an area where a CCTV is located, you may request for a copy of the footage. We recommend that this request be done in writing for proper documentation.

If the owner of the CCTV refuses to cooperate, you may request for assistance with the police station or you may file the request in court. This request may be done through the assistance of a lawyer. This finds basis in Section 8 of the NPC Advisory No. 2020-04 or the “GUIDELINES ON THE USE OF CLOSED-CIRCUIT TELEVISION (CCTV) SYSTEMS”:

CCTV footage may be disclosed for, but not limited to, the following purposes:

A. Law enforcement and criminal investigations. With respect to request for CCTV footage to be disclosed in relation to a criminal investigation, PICs shall require the law enforcement officer or the requesting party to provide sufficient proof as to the occurrence of a crime and the investigation thereof as well as proof of authority of the law enforcement officer before release of the CCTV footage. This request for CCTV footage shall be done following existing standard operating procedures in the conduct of an investigation and law enforcement operation as stated in the Revised PNP Operational Procedures, and other pertinent laws, rules, and regulations governing the same should be strictly adhered to.

B. Court Order. Requests for disclosure and use of CCTV footage and images by virtue of a lawful order of a court of competent authority is allowed, taking into consideration the pertinent rules on issuance of subpoena.

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5. FILING A CRIMINAL CASE

If an individual or a group of persons were responsible for the theft or robbery of your personal property, a criminal case is in order. To know which case to file, it is vital to determine what crime was exactly committed.

While other crimes may be committed, the following discussion will focus on both theft and robbery as well as its distinction.

DIFFERENCE BETWEEN THEFT AND ROBBERY:

Under Article 308 of the Revised Penal Code, the elements of theft are:

(1) there was taking of personal property;
(2) the said property belongs to another;
(3) the taking was done without the consent of the owner;
(4) the taking was with intent to gain; and
(5) the taking was done without violence or intimidation against persons, or force upon things

Alternatively, under Article 294 of the Revised Penal Code, the elements of robbery are:

(1) there is a taking of personal property;
(2) the personal property belongs to another;
(3) the taking is with animus lucrandi or intent to gain; and
(4) the taking is with violence against or intimidation of persons or with force upon things.

Clearly, the difference lies on whether or not there is violence against or intimidation of persons.

By way of example, in the case Herman Medina vs. People of the Philippines (G.R. No. 182648, 17 June 2015), the Supreme Court ruled that a mechanic who took the alternator, starter, battery, and two tires of a jeep he was supposedly repairing was guilty of simple theft.

On the other hand, in the case Ruel Poquiz vs. People of the Philippines (G.R. No. 238715, 11 January 2021) the Supreme Court discussed that the crime of robbery was committed because the accused used violence by throwing punches and lunging a knife on one of the victims.

The difference is clear. In the Medina case, the taking was not done through any violence; the mechanic merely took the items in the jeep he was repairing. In the Poquiz case, however, the perpetrators were using physical violence and a knife to commit their crime; hence, violence and intimidation were involved.

While losing a valuable item is a huge hassle, there may be some legal remedies that you can take in order to hopefully retrieve them. Of course, shall a criminal complaint be filed, it is also important to determine the crime that is committed based on the facts provided.

If you have any further questions, we recommend setting up a consultation with a law office in order to fully understand the legal remedies you need to take.

CAVEAT: THIS ARTICLE IS NOT A REPLACEMENT FOR LEGAL ADVICE. SINCE EACH SITUATION DIFFERS, WE HIGHLY RECOMMEND CONSULTING A LAWYER.