Valenzuela v. People was caught by Lago.

G.R. No. 160188 8. RTC: Consummated theft

June 21, 2007 | Tinga, J. | Art. 6 – stages of execution ISSUE:
1. WON they should be charged with frustrated theft. – NO.

PETITIONER: Aristotel Valenzuela, Jovy Calderon

RATIO:
RESPONDENTS: People of the Philippines (Lorenzo Lago)
1. Petitioners cite 2 decisions by the CA as their basis for a conviction of
DOCTRINE: Frustrated felony – when the offender performs all the acts of frustrated theft:
execution which would produce the felony as a consequence but which, o People v Diño (1931) - Accused was a driver employed by the
nevertheless, do not produce it by reason of causes independent of the will of the
US Army. He drove his truck into the port to unload materials
perpetrator.
for the US Army personnel. After unloading, he drove away his
truck but as he was stopped at a military checkpoint and
FACTS: inspected, 3 boxes of army rifles were found in his truck.
1. Aristotel Valenzuela and Jovy Calderon were sighted outside the Super o CA: Frustrated theft because accused’s intent was to let the
Sale Club (supermarket inside SM North Edsa complex) by Lorenzo boxes pass through the checkpoint and would only be
Lago, a security guard.  consummated then
2. Valenzuela was hauling a push cart with cases of Tide detergent. He was  Theft involves the ability of the thief to dispose freely
wearing an ID with the mark “Receiving Dispatching Unit (RDU)”. He of the articles stolen, even if it were more or less
unloaded these in an open parking space where Calderon was waiting. momentary
Valenzuela went back inside the supermarket and came out with more o People v Flores (1946) - Accused was a checker of Luzon
cartons of Tide and unloaded them again. Stevedoring Company and issued a receipt for an empty sea van
3. They hailed a taxi and loaded the cartons of Tide inside the taxi. to the truck driver. When the sea van was inspected by the
4. Lago stopped the taxi as it was leaving the parking area. He asked for the guards, it was discovered that the “empty” sea van contained
receipt of the merchandise but when he did so, Valenzuela and Calderon other merchandise.
fled on foot. o CA: Frustrated theft 
5. Lago fired a warning shot and his fellow security guards and him 2. Elements of theft (Art 308):
apprehended the accused at the scene.  1. Unlawful taking of personal property (apoderamiento)
6. The two accused were charged with theft. 2. Property belongs to another
7. Defense of the accused: Valenzuela and Calderon were both innocent 3. Intent to gain (animo lucrandi)
bystanders.  4. Without consent of the owner
o Calderon was at SM with his neighbor to withdraw from his 5. Without the use of violence against or intimidation of persons or
ATM, but since the line was long, they decided to buy snacks. force upon things
While they were eating, they heard the gunshot fired by Lago, 3. So long as the circumstances include animo lucrandi and apoderamiento,
so they headed outside. They were grabbed by Lago and other there is the completion of the operative act, which is the taking of the
security guards  personal property of another with intent to gain.
o Valenzuela was with his cousin at the parking lot and were o Already beyond the attempted stage
going to ride a tricycle when the saw Lago fire the shot. He and 4. In this case: the moment petitioner obtained physical possession of the
other people in the scene ran because of this, but Valenzuela cases of detergent and loaded them in the pushcart, it is no longer
 attempted theft.
5. Not frustrated theft, but consummated theft:
o Factors to consider for a frustrated felony (Art 6)
1. Felony is not produced
2. Such failure is due to causes independent of the will of
the perpetrator
o Theft is already produced upon the taking of personal
property of another without his consent 
o Ability to dispose of the things taken, even if only momentary,
is not an element of the felony

DISPOSITIVE PORTION: Petition DENIED.