Title
Valenzuela y Natividad vs. People
Case
G.R. No. 160188
Decision Date
Jun 21, 2007
Two men stole detergent from a supermarket, were caught, and convicted of consummated theft; Supreme Court ruled no frustrated theft exists under law.

Case Digest (G.R. No. 160188)
Expanded Legal Reasoning Model

Facts:

  • Incident and Apprehension
  • On 19 May 1994 at about 4:30 p.m., petitioner Aristotel Valenzuela and his companion Jovy Calderon were seen by SM security guard Lorenzo Lago removing multiple cases of “Tide Ultramatic” detergent from the Super Sale Club (SM North EDSA).
  • They loaded four cases of Tide Ultramatic, one case of Ultra 25 g, and three other detergent cases (total value P12,090.00) into a taxi. Upon challenge, they fled; Lago fired a warning shot, and both were apprehended along with the stolen merchandise.
  • Investigation, Trial and Appeals
  • The duo was taken to the SM security office, then to the Baler PNP Station. Only Valenzuela and Calderon were charged with theft on 20 May 1994. They pleaded not guilty and claimed to be innocent bystanders; Valenzuela admitted employment as a “bundler.”
  • On 1 February 2000, RTC Quezon City convicted them of consummated theft (2–7 years indeterminate sentence). Calderon’s appeal was deemed abandoned; Valenzuela appealed to the Court of Appeals, which affirmed the conviction on 19 June 2003. Valenzuela then filed this Petition for Review.

Issues:

  • Factual–Legal Question
  • Under the Revised Penal Code (RPC), did petitioner’s acts amount to consummated theft or only to frustrated theft?
  • Should the “free disposition” criterion (from CA decisions in People v. DiAo and People v. Flores) be adopted to downgrade theft to its frustrated stage?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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