Frustrated Theft is NOT a Crime

In Valenzuela vs. People, per decision penned by Justice Tinga, in an En Banc Supreme Court of the Philippines, the issue of whether or not frustrated theft is a crime has, once and for all, been settled.  There is no crime of frustrated theft.  There are no if’s and but’s… it is now clear for everyone.. even for frustrated thieves.  The Supreme Court Justices were unanimous with this as shown by a no dissent, no separate opinion decision in the said case.  It was promulgated on June 21, 2007.  Barristers, watch-out!

Quoting from the last paragraph of the decision:

“We thus conclude that under the Revised Penal Code, there is no crime of frustrated theft. As petitioner has latched the success of his appeal on our acceptance of the Diño and Flores rulings, his petition must be denied, for we decline to adopt said rulings in our jurisdiction. That it has taken all these years for us to recognize that there can be no frustrated theft under the Revised Penal Code does not detract from the correctness of this conclusion. It will take considerable amendments to our Revised Penal Code in order that frustrated theft may be recognized. Our deference to Viada yields to the higher reverence for legislative intent.”


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