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ARISTOTEL VALENZUELA Y NATIVIDAD v. PEOPLE

FACTS:

The case involves petitioner Aristotel Valenzuela and co-accused Jovy Calderon, who were charged with the crime of theft. On May 19, 1994, at around 4:30 p.m., security guard Lorenzo Lago observed petitioner Valenzuela and Calderon outside the Super Sale Club, a supermarket within the ShoeMart (SM) complex along North EDSA. Valenzuela, identified by his "Receiving Dispatching Unit (RDU)" identification card, was seen transporting cases of "Tide" brand detergent on a push cart to an open parking space where Calderon was waiting. Valenzuela made multiple trips inside the supermarket to haul more cartons of detergent to the same parking area. Valenzuela later hailed a taxi, and Calderon loaded the cartons of detergent into it. As the taxi attempted to leave, Lago stopped it and requested a receipt for the merchandise, prompting Valenzuela and Calderon to flee on foot. Lago fired a warning shot, leading to their apprehension and the recovery of the stolen merchandise, which included cases of Tide Ultramatic and other detergent brands valued at P12,090.00. On the same day, they were brought to the SM security office and then transferred to the Baler Station II of the Quezon City Philippine National Police for investigation. Only Valenzuela and Calderon were charged with theft despite four others being questioned. Valenzuela and Calderon claimed during the trial that they were innocent bystanders apprehended due to a commotion. The Regional Trial Court (RTC) of Quezon City convicted both of consummated theft, and this was appealed by Valenzuela, arguing for conviction of frustrated theft instead. The Court of Appeals affirmed the RTC’s decision, leading to the present petition seeking modification to frustrated theft.

ISSUES:

  1. Whether the petitioner Aristotel Valenzuela should be convicted of frustrated theft instead of consummated theft.

RULING:

  1. The Supreme Court ruled that there is no crime of frustrated theft under the Revised Penal Code. The taking of property completed with intent to gain, without force or intimidation and without the owner's consent, constitutes consummated theft. The Court affirmed the conviction of petitioner for consummated theft and denied the petition.

PRINCIPLES:

  1. Stages of Crimes (Article 6, Revised Penal Code)

    • Consummated All elements necessary for its execution and accomplishment are present.

    • Frustrated Offender performs all acts of execution, which do not produce the felony by reason of causes independent of the perpetrator's will.

    • Attempted Offender commences the commission of a felony directly by overt acts and does not perform all acts of execution due to causes other than spontaneous desistance.

  2. Elements of Theft (Article 308, Revised Penal Code)

    • Taking of personal property

    • Personal property belongs to another

    • Taking done with intent to gain

    • Taking done without owner's consent

    • Taking accomplished without violence or intimidation of persons or force upon things

  3. Unlawful Taking (Apoderamiento) Theft is consummated once the offender gains possession of the property with intent to appropriate it, irrespective of subsequent recovery by the rightful owner.

  4. Mens Rea and Actus Reus Both the criminal intent (mens rea) and the unlawful act (actus reus) are essential in constituting theft.

  5. Possession and Control Theft becomes consummated upon the offender's obtaining material possession of the stolen item, even momentarily.

  6. Deprivation as Felony's Effect The act of taking, which results in depriving the owner of possession, produces the felony of theft.

  7. Judicial Interpretation The courts cannot redefine a crime outside the statutory definition. Judicial interpretation must align with legislative intent as expressed in statutory language.

  8. Frustrated Theft Doctrine Rejection The court rejects the doctrine that theft can be frustrated based on the inability to freely dispose of the stolen property. There is no legislated intent or provision for such a stage in the crime of theft under the Revised Penal Code.