VALENZUELA V.

PEOPLE OF THE PHILIPPINES

GR No. 160188 June 21, 2007

TOPIC: Stages of Execution

Thesis statement: Valenzuela pleas to be adjudged guilty of frustrated theft only, not

consummated theft upholding the existence of two decisions rendered by the CA on cases of

frustrated theft.

FACTS

 Valenzuela (petitioner) and Joey Calderon were charged of consummated theft when they

stole cartons of detergent at the supermarket of SM.

 Lorenzo Largo, a security guard, saw the petitioner pushing a cart with cases of detergent

and unloaded these cases on an open parking space where Calderon was waiting.

Petitioner then went back to the supermarket and after 5 minutes emerged with more

cartons and unloaded it again on the same area.

 Petitioner left the parking area wherein he hailed a taxi and went to where Calderon was

waiting. Calderon loaded the cartons and the boarded the taxi.

 Largo stopped the vehicle and asked for receipt. However, both petitioner and Calderon

reacted by fleeing on foot. Largo fired a warning shot alerting the other guards. Both the

petitioner and Calderon were apprehended on the scene and the merchandise were

recovered.

 RTC: Convicted the petitioner and Calderon of consummated theft.

  CA: Affirmed the RTC’s decision denying the plea of the petitioner to be convicted of

frustrated theft since he was not able to freely dispose the items.

ISSUE

 Whether or not Valenzuela be pleaded as guilty for frustrated theft.

RULING

Petition is DENIED for there is no crime of frustrated theft under Article 308 of RPC. The court

recognized the two cases cited by the petitioner as his basis for his petition. However, the court

decline to adopt the said rulings in their jurisdiction.