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    Aristotel Valenzuela y Natividad V

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    Pat
    1) Aristotel Valenzuela was seen by a security guard hauling cases of Tide detergent from the Super Sale Club supermarket and loading them into a taxi. 2) When asked for a receipt, Valenzuela and his accomplice Jovy Calderon fled on foot but were apprehended. The stolen merchandise worth P 12,090 was recovered. 3) Valenzuela claimed he was guilty only of frustrated theft since he was not able to freely dispose of the stolen goods. However, the court found him guilty of consummated theft, as theft is completed upon unlawful taking and gaining possession, even if the perpetrator does not have the opportunity to dispose of the items.

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    Aristotel Valenzuela y Natividad V

    Uploaded by

    Pat
    178 views2 pages
    1) Aristotel Valenzuela was seen by a security guard hauling cases of Tide detergent from the Super Sale Club supermarket and loading them into a taxi. 2) When asked for a receipt, Valenzuela and his accomplice Jovy Calderon fled on foot but were apprehended. The stolen merchandise worth P 12,090 was recovered. 3) Valenzuela claimed he was guilty only of frustrated theft since he was not able to freely dispose of the stolen goods. However, the court found him guilty of consummated theft, as theft is completed upon unlawful taking and gaining possession, even if the perpetrator does not have the opportunity to dispose of the items.

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    1) Aristotel Valenzuela was seen by a security guard hauling cases of Tide detergent from the Super Sale Club supermarket and loading them into a taxi. 2) When asked for a receipt, Valenzuela and his accomplice Jovy Calderon fled on foot but were apprehended. The stolen merchandise worth P 12,090 was recovered. 3) Valenzuela claimed he was guilty only of frustrated theft since he was not able to freely dispose of the stolen goods. However, the court found him guilty of consummated theft, as theft is completed upon unlawful taking and gaining possession, even if the perpetrator does not have the opportunity to dispose of the items.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    178 views2 pages

    Aristotel Valenzuela y Natividad V

    Uploaded by

    Pat
    1) Aristotel Valenzuela was seen by a security guard hauling cases of Tide detergent from the Super Sale Club supermarket and loading them into a taxi. 2) When asked for a receipt, Valenzuela and his accomplice Jovy Calderon fled on foot but were apprehended. The stolen merchandise worth P 12,090 was recovered. 3) Valenzuela claimed he was guilty only of frustrated theft since he was not able to freely dispose of the stolen goods. However, the court found him guilty of consummated theft, as theft is completed upon unlawful taking and gaining possession, even if the perpetrator does not have the opportunity to dispose of the items.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Aristotel Valenzuela y Natividad v.

    People of the Philippines

    Facts:

    Sometime in May 199, the petitioner and Jovy Calderon were seen outside the Super
    Sale Club supermarket. by Lorezon Lago, a security guard, manning his post outside
    the Super Sale club supermarket. Lago saw the petioner wearing an identification
    card with the mark “Receiving Dispatching Unit (RDU)”, hauling a push cart with
    cases of detergent of the brand “Tide”. Petitioner unloaded the cases in an open
    parking space, where Calderon was waiting. Five minutes later, the petitioner
    emerged with more cartons of Tide and again unloaded these boxes to the same
    area. The petitioner hailed a taxi and loaded the cartons to the vehicle; Lago saw all
    of these. As the taxi was leaving the Lago then preceded to stop the taxi and
    subsequently asked the petitioner for the receipt of the merchandise. The petitioner
    and Calderon reacted by fleeting on foot., but Lago filed a warnig shot to alert his
    fellow security guards of the incident. Petitioner and Calderon were apprehended at
    the scene, and the stolen merchandise worth P 12,090 was recovered.

    The two pleaded not guilty. Calderon insisted that her was with his cousin at the
    time he heard the gunshot while Valenzuela was with a friend to buy snacks.

    RTC convicted the appellants guilty of consummated theft; the decision was
    affirmed by the CA. Petitioner contends that he was never placed in a position to
    freely dispose the stolen merchandise, hence, he should only be charged of
    frustrated theft.

    Issue: Whether or not Valenzuela is guilty of frustrated theft

    Ruling:

    No. The petition was denied.

    Article 6 of the Revised Penal code provides the three stages of felony, namely
    consummated, frustrated and attempted. In determination whether a crime is
    frustrated or consummated, the critical distinction provides for that the felony itself
    was produced by the acts of execution.

    Article 308 states that, in the crime of theft, the following elements should be
    present: first, that there be taking of a personal property; second, that the said
    property belongs to another; third, that the taking be done with intent to gain;
    fourth, that the taking be done without the use of violence against or intimidation of
    persons or force upon things.

    The court, in determining if whether the theft was consummate or frustrated,


    applied Article 6 of the Revised Penal Code. There are clearly two determinative
    factors to consider: that the felony is not produced, and that such failure is due to
    the causes independent of the will of the perpetrator. In using Article 308 of the
    RPC, there is one apparent answer provided –that theft is already produced upon
    taking of personal property of another without the latter’s consent.

    In the case at bar, the court held that the taking by the petitioner was completed in
    this case. There was an intent to gain and that he acquired the physical possession of
    the stolen cases of detergent for a considerable period of time. Unlawful taking is
    deemed complete from the moment the offender gains possession of the thing, even
    if he has no opportunity to dispose the same.

    With such consideration, and under Article 308 of the RPC, theft cannot be
    frustrated. Theft can only be attempted or frustrated.

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