Valenzuela vs. People, G.R. No.

160188, June 21, 2007 (Attempted/Frustrated

Theft)
Facts:

Sometime in May 1994, petitioner and Jovy Calderon were sighted outside SM North EDSA by security
guard Lorenzo Lago, unloading cases of detergent Tide Ultramatic on an open parking space. Minutes
later, the petitioner loaded the cartons of detergent while Calderon was looking into a taxi and
proceeded to leave the parking area. Lago stopped the cab, checked the cartons, and asked for a receipt
but Valenzuela and Calderon reacted a fled-on foot. The same was apprehended on the scene and the
stolen merchandise recovered was worth P12,090.

The two pleaded not guilty. Valenzuela said that he was with a friend to buy snacks when they heard a
gunshot fired by Lago. Calderon, on the other hand, said that he was with his cousin when he heard a
gunshot fired by Lago that caused everyone to flee in the vicinity.

RTC convicted the appellants guilty of consummated theft. CA affirmed. Petitioner contends that he was
only guilty of frustrated theft since at the time he was apprehended, he was never placed in a position
to freely dispose of the articles stolen.

Issue:

- Whether or not the accused is guilty of Theft

Ruling:

YES. Article 6 defines those three stages, namely the consummated, frustrated, and attempted felonies.
A felony is consummated when all the elements necessary for its execution and accomplishment are
present. It is frustrating when the offender performs all the acts of execution which would produce the
felony therefore but which, nevertheless, do not produce it by reason of causes independent of the will
of the perpetrator. Finally, it is attempted when the offender commences the commission of a felony
directly by overt acts and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance.