LEGAL STEPS AFTER A HOME BURGLARY OR THEFT IN THE PHILIPPINES
(A practitioner-style guide for victims, counsel, insurers, and law-enforcement partners)

1. Situational Overview

Key term	Statutory anchor	Practical meaning
Robbery	Arts. 293–302, Revised Penal Code (RPC)	Taking personal property with intent to gain and by violence, intimidation, or force upon things. “Burglary” in Philippine usage is normally covered by robbery in an inhabited house (Art. 299) or robbery with violence against persons (Art. 294).
Theft	Arts. 308–311, RPC	Taking property without violence/intimidation or force upon things. A “plain” break-in where the culprit enters through an unlocked door may be prosecuted as theft.
Fencing	Presidential Decree 1612	Dealing in or possessing stolen property; a separate and often easier-to-prove crime that carries stiffer penalties when value is high.
Inhabited house	Art. 301, RPC	Any shelter where any person lives, even temporarily, including dependencies like an attached garage or stock room.

Why it matters: Correct qualification dictates penalty, prescriptive period, evidence requirements, and whether barangay conciliation is needed.

2. Immediate Checklist for the Homeowner / Occupant

TIME	ACTION	WHY
First 10 minutes	1. Leave the premises if the intruder may still be inside. 2. Dial 911 or local PNP station hotline.	Safety first; early dispatch increases chance of hot pursuit.
Within 1 hour	3. Preserve the scene. Do not touch ransacked drawers, footprints, tool marks. 4. Call barangay tanods for additional security and to record in the barangay blotter.	Preserves latent prints, DNA, shoe-wear evidence for SOCO (Scene of Crime Operatives). Barangay blotter is an independent contemporaneous record valuable in court and for insurance.
Same day	5. List missing items with serial numbers, receipts, photos. 6. Obtain PNP spot report / initial investigation report.	A detailed sworn list will be attached to the criminal complaint, form the basis of restitution, and support insurance claims.
Within 24 hours	7. Execute a sworn complaint-affidavit (with photocopies of IDs, proof of ownership) before the Duty Investigator.	Required for formal docketing, issuance of Case Investigation Number (CIN) and Incident Record Form (IRF).
48–72 hours	8. Secure the property. Replace locks, board up windows, consider CCTV, alarm systems.	Prevents secondary victimization; demonstrates due diligence (relevant to some insurance policies).
Within policy deadline (commonly 30–60 days)	9. File an insurance notice of loss with police report, photos, proof of ownership, and a preliminary claim estimate.	Late notice is a common ground for denial under Sec. 77, Insurance Code (PD 612, as amended).

3. The Criminal Case Timeline

Stage	Who files / acts	Key legal basis	Victim’s role & rights
A. Police investigation	PNP investigator, SOCO	PNP Operational Procedures Manual; Rule 113, Rules of Criminal Procedure (warrantless arrest scenarios)	• Give sworn statements. • Provide CCTV footage—allowed under NPC Advisory Opinion 2017-02 (no Data Privacy Act breach if for law-enforcement).
B. Inquest OR preliminary investigation	Office of the City/Provincial Prosecutor	Rule 112, Rules of Court	• Attend inquest; may retain private counsel. • Barangay conciliation is not* required* (crime > ₱5,000 penalty > 1 yr; Sec. 408, LGC 1991).
C. Filing of Information in RTC / MTC	Prosecutor	Art. 299 (robbery in an inhabited house falls under the RTC regardless of value).	• Ask prosecutor to include Art. 100 RPC restitution; submit updated valuation.
D. Arraignment & Trial	Trial court	Rules on Criminal Procedure; Rules on Evidence	• Testify; may appear as private complainant with right to be present, confer, and object to dismissal (RA 8493).
E. Judgment & Execution	Trial court; sheriff	Rules on Execution	• Upon conviction, court issues writ of execution for restitution; may garnish accused’s property if any.

Penalties snapshot

Offense	Prescribed penalty	Prescriptive period (Art. 90 RPC)
Robbery in an inhabited house (Art. 299) – value > ₱50,000	Prisión mayor (6 yrs 1 day – 12 yrs)	15 years
Simple theft – value ≤ ₱50,000	Prisión correccional (6 mos 1 day – 6 yrs)	10 years
Fencing – value > ₱500,000	Reclusión temporal max to reclusión perpetua (20 yrs 1 day – life)	20 years

4. Civil and Insurance Remedies

Restitution in the criminal action
Article 100, RPC makes civil liability implicit in every criminal conviction. Attach updated receipts or appraisal reports before promulgation so the court can quantify restitution in the judgment.
Civil Action ex delicto
- If the accused is acquitted on reasonable doubt, you may still sue for damages based on the same act (Art. 29, Civil Code).
- File in the RTC if claim > ₱300,000 (₱400,000 in Metro Manila) per the 2019 Revised Rules on Civil Procedure.
Homeowner’s or Personal Property Insurance
- Check the perils covered: “Robbery and burglary” riders differ from “theft inside premises.”
- Usual documentary requirements:
  1. Police report and complaint-affidavit
  2. Proof of forcible entry (SOCO photo report)
  3. Proof of ownership and valuation (receipts, photos, appraisals)
  4. Sworn proof of loss form (within policy’s period—often 60 days)
- Subrogation: After paying you, the insurer is legally subrogated to your claim against the thief (Sec. 249, Insurance Code). Cooperate in prosecution so the insurer can recover.
Victim Compensation Program?
- The Board of Claims (RA 7309) compensates victims of violent crimes resulting in death, serious physical injuries, or rape. Pure property loss is not compensable.

5. Ancillary Offenses & Strategic Charging

Scenario	Additional charge	Why add it
Stolen jewelry sold to a pawnshop	Fencing (PD 1612) vs. pawnshop owner	Lower evidentiary bar—mere possession of recently stolen property raises presumption of fencing.
Thief breaks door with a crowbar	Malicious mischief (Art. 327)	Adds penalty; may raise insurance recovery.
Intruder carries an unlicensed firearm	Illegal possession of firearm (RA 10591)	Non-bailable if high-powered; leverage for plea bargain.
Burglary by a minor under 15	Child in conflict with the law (RA 9344)	Diversion, not jail; victim may seek restitution through parents (Art. 101, RPC).

6. Evidence Tips for a Bullet-Proof Case

Digital evidence
- Pull raw CCTV files (not screen-recordings).
- Maintain a chain-of-custody log—date, time, who transferred USB drive—per Rule 5, Rules on Electronic Evidence.
Forensic examination
- Latent prints: ask SOCO to dust tool-marks, window panes, plastic surfaces.
- DNA: discarded drinking bottle or cigarette butt is admissible (Rule DNA Evidence, A.M. No. 06-11-5-SC).
Stolen gadget tracking
- Generate Find My iPhone or Google Find My Device logs; execute a lawful request to the telco under Rule 2.7, Data Privacy Act IRR.
Valuation
- For heirlooms or art, secure an independent appraiser’s report—court will not rely on mere “sentimental value” unless special proof (Art. 2217, Civil Code).

7. Post-Incident Security & Compliance

Measure	Legal / regulatory touchpoint
Install CCTV facing public street	Allowed if signage posted; follow NPC Advisory 2020-04 on “privacy-friendly” CCTV.
Upgrade to double-deadbolt locks	May qualify for insurance premium discount under some policies—check warranty clauses.
Engage security agency	Security agencies must be licensed by PNP-SOSIA (RA 5487).
Neighborhood watch	Coordinate with barangay per DILG MC 2005-44 encouraging Barangay Peace and Order Committees.

8. Frequently-Encountered Pitfalls

Pitfall	Consequence	How to avoid
“Cleaning” the scene before police arrive	Loss of fingerprints, tool-mark evidence; case may be dismissed for insufficient proof	Secure perimeter; wait for SOCO
Late or no sworn complaint-affidavit	Prosecutor may drop case for lack of complainant	Draft and sign affidavit on the same day
Delay in insurance notice of loss	Claim denial under “condition precedent”	Notify insurer even if valuation incomplete
Selling damaged items as junk before case ends	Spoliation; defense may argue no loss	Keep property until judgment becomes final

9. Prescriptive Periods & Time-Bars at a Glance

Criminal
- Robbery (prisión mayor) – 15 years from discovery.
- Theft beyond ₱50,000 (prisión correccional) – 10 years.
- Fencing over ₱500,000 – 20 years.
Civil action for damages – 4 years (Art. 1146, Civil Code) if based on quasi-delict; 10 years (Art. 1144) if based on written contract (e.g., acknowledgment of debt by offender).
Insurance claim – Policy governs; typical suit-limit is 12 months from insurer’s formal rejection (condition no. 6 standard Philippine fire policy).

10. Jurisprudential Nuggets (Supreme Court)**

Case	G.R. No.	Ratio
People v. Dandan (Robbery in an inhabited house)	78414, 24 Aug 1993	For conviction under Art. 299, prosecution must prove force upon things and that dwelling was inhabited at the time.
People v. Bayya (Presumption of fencing)	190974, 10 Feb 2016	Recent possession of stolen property plus inability to explain—sufficient for fencing conviction.
People v. Cruz (Restitution despite acquittal)	134490, 26 Jan 2000	Court may order civil liability even where accused acquitted on reasonable doubt.
Prudential Guarantee v. CA (Insurance notice)	146068, 11 Apr 2005	Strict compliance with notice-of-loss periods is generally required but may be relaxed for “substantial compliance”.

11. Flowchart: From Break-in to Restitution

Discovery of burglary
       │
       ▼
CALL POLICE (911) & BARANGAY
       │         ┌────────────────────────┐
       │         │     Secure evidence    │
       │         └────────────────────────┘
       ▼
PNP REPORT & SOCO EXAM
       │
       ▼
COMPLAINT-AFFIDAVIT
       │
       ▼
PROSECUTOR (Inquest / PI)
       │
Probable cause?───No──▶ CASE CLOSED / file civil suit
       │Yes
       ▼
INFORMATION FILED IN COURT
       │
Trial → Conviction? → Acquittal → Civil suit possible
       │Yes
       ▼
JUDGMENT: Imprisonment + Restitution
       │
       ▼
Writ of execution / Asset levy

12. Practical Take-Away

Time is evidence. Call the police within minutes.
Document everything—from broken locks to receipts; you will attach the same bundle to the prosecutor, the judge, and the insurer.
Know your charge sheet. Robbery in an inhabited house (Art. 299) often fits a “burglary”; add fencing when the loot resurfaces.
Civil claims ride on the criminal case by default—save litigation costs by pursuing restitution there, but don’t hesitate to sue separately if the accused is acquitted.
Insurance deadlines are shorter than criminal prescriptive periods. Notify early, even if proof of loss is incomplete.
Aftercare matters. Upgraded locks, CCTV, and neighborhood coordination both deter repeats and strengthen future insurance coverage.

Disclaimer

This article is for general informational purposes and does not create a lawyer-client relationship. Laws cited are up-to-date as of May 1 2025. For advice on a specific case, consult a Philippine lawyer or your insurer.