Crim Case Nos. 11-20
Crim Case Nos. 11-20
Crim Case Nos. 11-20
Facts:
While a security guard was manning his post at the open parking
area of a supermarket, he saw the accused, Valenzuela, hauling a
push cart loaded with cases of detergent and unloaded these
cases where his co-accused, Calderon, was waiting. Valenzuela
then returned inside the supermarket, and later emerged with
more cartons of detergent. Thereafter, Valenzuela hailed a taxi
and started loading the boxes of detergent inside. As the taxi was
about to leave, the security guard asked Valenzuela for the
receipt of the merchandise. The accused reacted by fleeing on
foot but were subsequently apprehended at the scene. The trial
court convicted both Valenzuela and Calderon of the crime of
consummated theft. Valenzuela appealed before the Court of
Appeals, arguing that he should only be convicted of frustrated
theft since he was not able to freely dispose of the stolen articles.
Issue:
Ruling:
Facts:
Issue:
Whether or not the crime of robbery is consummated
Ruling:
Yes. It has been held that the crime is consummated when the
robber acquires possession of the property, even if for a short
time, and it is not necessary that the property be taken into the
hands of the robber, or that he should have actually carried the
property away, out of the physical presence of the lawful
possessor, or that he should have made his escape with it. From
the moment the offender gained possession of the thing, even if
the culprit had no opportunity to dispose of the same, the
unlawful taking is complete.
Facts:
Issue:
Ruling:
Facts:
The accused entered a store and once inside, he fired his .45
caliber pistol at the Chinaman Sy who was hit fatally. Kiap who
was in the store asked him why he fired the shot and without
answering him, the accused fired at Kiap, hitting him on the right
shoulder. Upon being hit, Kiap immediately ran behind the store
to hide and he heard the accused fire at several other directions
before he ran away. The wound of Kiap healed in 20 days and was
inflicted on the part of his body which could not have produced
his death. For shooting Kiap, the accused was prosecuted for and
declared guilty of frustrated murder in the Court of First Instance.
Issue:
Ruling:
Facts:
Issue:
Ruling:
Facts:
Issue:
Ruling:
Facts:
Issue:
Ruling:
Facts:
Issue:
Whether the act of the accused constitutes a consummated
offense or merely a frustrated offense of estafa
Ruling:
Facts:
Issue:
Ruling:
Facts:
The accused set fire to a jute sack and a rag, soaked with
kerosene oil and placed beside an upright of the house and a
partition of the entresol of the building, thus endangering the
burning of the latter. The Court of First Instance charged Valdes
with the crime of arson.
Issue:
Ruling: