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    Aristotle Valenzuela V Valenzuela

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    Chelle Belenzo
    The Supreme Court denied Valenzuela's petition, finding him guilty of consummated theft rather than frustrated theft. The Court ruled that all the elements of theft were present: Valenzuela took the detergent boxes belonging to SM without consent and with intent to gain. His taking was completed as he had physical possession of the goods long enough to unload them and load them into the taxi. The ability to freely dispose of stolen goods, even momentarily, means the theft was consummated rather than frustrated.

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    Aristotle Valenzuela V Valenzuela

    Uploaded by

    Chelle Belenzo
    72 views3 pages
    The Supreme Court denied Valenzuela's petition, finding him guilty of consummated theft rather than frustrated theft. The Court ruled that all the elements of theft were present: Valenzuela took the detergent boxes belonging to SM without consent and with intent to gain. His taking was completed as he had physical possession of the goods long enough to unload them and load them into the taxi. The ability to freely dispose of stolen goods, even momentarily, means the theft was consummated rather than frustrated.

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    Valenzuela vs Valenzuela

    Original Title

    Aristotle Valenzuela v Valenzuela

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    The Supreme Court denied Valenzuela's petition, finding him guilty of consummated theft rather than frustrated theft. The Court ruled that all the elements of theft were present: Valenzuela took the detergent boxes belonging to SM without consent and with intent to gain. His taking was completed as he had physical possession of the goods long enough to unload them and load them into the taxi. The ability to freely dispose of stolen goods, even momentarily, means the theft was consummated rather than frustrated.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    72 views3 pages

    Aristotle Valenzuela V Valenzuela

    Uploaded by

    Chelle Belenzo
    The Supreme Court denied Valenzuela's petition, finding him guilty of consummated theft rather than frustrated theft. The Court ruled that all the elements of theft were present: Valenzuela took the detergent boxes belonging to SM without consent and with intent to gain. His taking was completed as he had physical possession of the goods long enough to unload them and load them into the taxi. The ability to freely dispose of stolen goods, even momentarily, means the theft was consummated rather than frustrated.

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    © All Rights Reserved
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    Aristotle Valenzuela v.

    People Valenzuela for a receipt of the merchandise but


    Supreme Court En Banc Valenzuela and Calderon reacted by fleeing on foot.
    June 21, 2007  Lago fired a warning shot to alert his fellow security
    Tinga, J: guards. Valenzuela and Calderon were apprehended
    ANIAG, Group 5 at the scene and the stolen merchandise recovered
    worth P12,090.
    RELEVANT PROVISIONS:  Valenzuela, Calderon and 4 other persons were first
    ART. 6 & 308, RPC brought to the SM security office before they were
    transferred to the Baler Station II of the Philippine
    FACTS:
    National Police but only Valenzuela and Calderon were
    Prosecution charged with theft by the Assistant City Prosecutor.
     Accused party pleaded not guilty.
     Aristotle Valenzuela and Jovy Calderon were sighted
    outside the Super Sale Club, a supermarket within the Defense:
    ShoeMart (SM) complex along North EDSA, by Lorenzo
     Calderon’s Alibi: On the afternoon of the incident, he
    Lago, a security guard who was then manning his post
    was at the Super Sale Club to withdraw from his ATM
    at the open parking area of the supermarket.
    account, accompanied by his neighbor, Leoncio
     Lago saw Valenzuela, who was wearing an ID with the
    Rosulada. As the queue for the ATM was long, he and
    mark “Receiving Dispatching Unit (RDU)” who hauled a
    Rosulada decided to buy snacks inside the
    push cart with cases of detergent of “Tide” brand and
    supermarket. While they were eating, they heard the
    unloaded them in an open parking space, where
    gunshot fired by Lago, so they went out to check what
    Calderon was waiting. He then returned inside the
    was transpiring and when they did, they were suddenly
    supermarket and emerged 5 minutes after with more
    grabbed by a security guard
    cartons of Tide Ultramatic and again unloaded these
     Valenzuela’s Alibi: He is employed as a “bundler” of
    boxes to the same area in the open parking space.
    GMS Marketing and assigned at the supermarket. He
     Thereafter, he left the parking area and hailed a taxi.
    and his cousin, a Gregorio Valenzuela, had been at the
    He boarded the cab and directed it towards the
    parking lot, walking beside the nearby BLISS complex
    parking space where Calderon was waiting. Calderon
    and headed to ride a tricycle going to Pag-asa, when
    loaded the cartons of Tide Ultramatic inside the taxi,
    they saw the security guard Lago fire a shot causing
    then boarded the vehicle.
    everyone to start running. Then they were
     As Lago watched, he proceeded to stop the taxi as it apprehended by Lago.
    was leaving the open parking area and asked
    Lower Courts’ Decision: ISSUE:

     RTC: Guilty of Consummated Theft W/N Valenzuela should be guilty of Consummated Theft.
     CA: Confirmed RTC and rejected his contention that it
    should only be frustrated theft since at the time he JUDGMENT: Petition is DENIED
    was apprehended, he was “never placed in a position
    to freely dispose of the articles stolen” (Frustrated
    Theft, according to People v. Dio)
    HELD:

    YES

     Article 308 of the Revised Penal Code (Elements of o People v. Flores: guards discovered that the
    Theft)[TBI WW]: “empty” sea van had actually contained other
    o that there be taking of personal property - only merchandise as well - consummated theft
    one operative act of execution by the actor o Empelis v. IAC: Fled the scene, dropping the
    involved in theft coconuts they had seized - frustrated qualified
    o property belongs to another theft because petitioners were not able to
    o taking be done with intent to gain - descriptive perform all the acts of execution which should
    circumstances have produced the felony as a consequence
    o taking be done without the consent of the  cannot attribute weight because
    owner - descriptive circumstances definition is attempted
    o taking be accomplished without the use of  The ability of the actor “to freely dispose of the articles
    violence against or intimidation of persons or stolen, even if it were only momentary.”
    force upon things - descriptive circumstances  We are satisfied beyond reasonable doubt that the
     Abandoned cases: taking by the petitioner was completed in this case.
    o U.S. v. Adiao: failed to get the merchandise out With intent to gain, he acquired physical possession
    of the Custom House - consummated theft of the stolen cases of detergent for a considerable
    o People v. Dio: Military Police inspected the period of time that he was able to drop these off at a
    truck at the check point and found 3 boxes of spot in the parking lot, and long enough to load these
    army rifles - frustrated theft onto a taxicab.
     Article 308 of the Revised Penal Code, theft cannot which, with prior acts, should result in the
    have a frustrated stage. Theft can only be attempted consummated crime
    (no unlawful taking) or consummated (there is  if the offender never passes the
    unlawful taking). subjective phase of the offense, the
    crime is merely attempted
    DICTA: o objective phase - After that point of subjective
    phase has been breached
     Article 6 defines those three stages, namely the  subjective phase is completely passed in
    consummated, frustrated and attempted felonies. case of frustrated crimes
    o A felony is consummated “when all the  the determination of whether a crime is frustrated or
    elements necessary for its execution and consummated necessitates an initial concession that
    accomplishment are present.” all of the acts of execution have been performed by
    o It is frustrated “when the offender performs all the offender
    the acts of execution which would produce the  The determination of whether the felony was
    felony as a consequence but which, “produced” after all the acts of execution had been
    nevertheless, do not produce it by reason of performed hinges on the particular statutory definition
    causes independent of the will of the of the felony.
    perpetrator.”  “actus non facit reum, nisi mens sit rea” - ordinarily,
    o It is attempted “when the offender commences evil intent must unite with an unlawful act for there to
    the commission of a felony directly by overt be a crime or there can be no crime when the criminal
    acts, and does not perform all the acts of mind is wanting
    execution which should produce the felony by
     In crimes mala in se, mens rea has been defined before
    reason of some cause or accident other than his
    as “a guilty mind, a guilty or wrongful purpose or
    own spontaneous desistance.”
    criminal intent” and “essential for criminal liability.”
     Each felony under the Revised Penal Code has a:
    o subjective phase - portion of the acts Statutory definition of our mala in se crimes must be
    constituting the crime included between the able to supply what the mens rea of the crime is and
    act which begins the commission of the crime overt acts that constitute the crime
    and the last act performed by the offender

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