G.R. No.

L-13785 October 8, 1918

THE UNITED STATES vs. TOMAS ADIAO

FACTS:

Tomas Adiao, a customs inspector, abstracted a leather belt valued at P0.80, from the baggage
of a Japanese named T. Murakami, and secreted the belt in his desk in the Custom House,
where it was found by other customs employees. Adiao was charged in the Municipal Court of
the city of Manila with the crime of theft. He was found guilty of the lesser crime of frustrated
theft. He appealed to the Court of First Instance of the city of Manila and again he was found
guilty of the crime of frustrated theft, and was sentenced to pay a fine of P100, with subsidiary
imprisonment in case of insolvency, and to pay the costs.

ISSUE: Is Adiao guilty of frustrated theft?

RULING:

No. The crime cannot properly be classified as frustrated, as this word is defined in article 3 of
the Penal Code, but that since the offender performed all of the acts of execution necessary for
the accomplishment crime of theft. The fact that the defendant was under observation during
the entire transaction and that he was unable to get the merchandise out of the Custom
House, is not decisive; all the elements of the completed crime of theft are present.