ARISTOTLE VALENZUELA Y NATIVIDAD VS.

PEOPLE OF THE PHILIPPINES

G.R. No. 160188
June 21, 2007
Ponente: Tinga, J.

FACTS:

On 19 May 1994, Aristotle N. Valenzuela, together with Jovy

Calderon(Calderon) were sighted outside the Super Sale Club, along North
EDSA, by Lorenzo Lago (Lago), a security guard who was then manning the
open parking area of the supermarket. Lago saw petitioner, who was wearing
an identification card with the mark "Receiving Dispatching Unit (RDU), pulling a
cart with cases of Tide brand products. Petitioner unloaded these cases in an
open parking space, where Calderon was waiting. Petitioner then returned
inside the supermarket and has returned with more cartons of Tide Ultramatic
which he again unloaded to the same area in the open parking space.

Thereafter, petitioner called a taxi where Calderon loaded the boxes of

Tide products. Upon leaving the open parking area, the petitioner and Calderon
had fled when Lago stoped the taxi and asked for the receipt of the products.
Petitioner and Calderon were arrested at the scene, and the stolen
merchandise recovered.8 The stolen products includes four (4) cases of Tide
Ultramatic, one (1) case of Ultra 25 grams, and three (3) additional cases of
detergent, amounting to Php12,090.00.

The petitioner and Calderon were convicted of the crime of

consummated theft before the RTC which was affirmed by the Court of
Appeals. And so, the petitioner seeks that his conviction be modified to
frustrated theft only for the reason that he was never placed in a position to
freely dispose of the articles stolen when he was arrested.

ISSUE:

Whether the theft should be deemed as consummated or merely

frustrated.

RULING:

The theft should be deemed as consummated because following the

Revised Penal Code (RPC), the Supreme Court held that the crime of Theft
cannot have a frustrated stage. The presence of the elements under RPC Article
308 and there is an unlawful taking of property, theft is consummated. In this
particular case, since all the elements were clearly present before the accused
were arrested, the crime that they committed was Consummated Theft.