SUBJECT : THEFT

G. R. No. 160188 June 21, 2007

ARISTOTEL VALENZUELA y NATIVIDAD, petitioner,

vs.
PEOPLE OF THE PHILIPPINES and HON. COURT OF APPEALS NACHURA, respondents.

DECISION

TINGA, J.:

FACTS:
Aristotel Valenzuela (petitioner) and Jovy Calderon (Calderon) was charged by the RTC of Quezon City and was found
guilty of the crime of CONSUMATED THEFT on account of their taking cartons of grocery items (detergents) from a
supermarket, based on the testimonies of witnesses particularly that of Lorenzo Lago, a security guard of said supermarket,
positively identifying the petitioners as the perpetrators of said crime.
Petitioner effectively concedes having performed the felonious acts imputed against him, but instead insists that he
should be adjudged guilty of FRUSTRATED THEFT only. Before the Court of Appeals, petitioner argued that he should only be
convicted of frustrated theft since at the time he was apprehended, he was never placed in a position to freely dispose of the
articles stolen. The CA rejected this contention and affirmed petitioner’s conviction, hence the present Petition for Review.

ISSUES:
1. WON there is a crime of FRUSTRATED THEFT
2. WON the committed crime is CONSUMATED THEFT

RULING:
As regards Issue No. 1 – NO. Under Art. 308* of the Revised Penal Code, there is no crime of FRUSTRATED theft or
theft cannot have a frustrated stage. The essential elements of the crime of theft as provided for in said article of the RPC is
the deprivation of the property on the part of the victim and the intent to gain on the part of the offender. In other words,
theft is produced when there is deprivation of personal property due to its taking by one with intent to gain. To freely dispose
of the property stolen is NOT a constitutive element of the crime of theft. It is immaterial whether the offender is able or
unable to freely dispose of the property stolen since the deprivation from the owner alone has already ensued from such acts
of execution.

As regards Issue No. 2 – YES. The Court has held that the elements of apoderamiento (unlawful taking) and animo
lucrandi (intent to gain) are present in the committed felony. Apoderamiento is deemed complete from the moment the
offender gains possession of the thing, even if he has no opportunity to dispose of the same. "Unlawful taking" is most material
in this respect, which is the deprivation of one’s personal property and as such, is the element which produces the felony in
its CONSUMATED stage. Once the offenders obtained possession over the stolen items, the effect of the felony has been
produced as there has been deprivation of property. The presumed inability of the offenders to freely dispose of the stolen
property does not negate the fact that the owners have already been deprived of their right to possession upon the
completion of the taking.

For reader’s reference only (you may or may not include in your digest):
* the elements of the crime of THEFT as provided for in Article 308 of the Revised Penal Code are: (1) that there be taking of
personal property; (2) that said property belongs to another; (3) that the taking be done with intent to gain; (4) that the taking
be done without the consent of the owner; and (5) that the taking be accomplished without the use of violence against or
intimidation of persons or force upon things.