US V.

ADIAO
G.R. No. L-13785 October 8, 1918
MALCOLM, J.:

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.
The defendant was charged in the Municipal Court with the crime of theft. He appealed to the Court of
First Instance 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:
Whether or not the acts of the accused constitute a frustrated theft

HELD:
NO. The lower court erred in holding the defendant of frustrated theft.

The Court is of the opinion that the crime can not properly be classified as frustrated, since the offender
performed all of the acts of execution necessary for the accomplishment crime of theft.

In the case at bar, 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.

The judgment is reversed and he was sentenced to three months and one day of arresto mayor, with the costs
of all instances against him. The merchandise in question shall be returned to the lawful owner.