Professional Documents
Culture Documents
People (2007)
Aristotel Valenzuela and Jovy Calderon were at SM North Edsas Super Sale Club.
They were wearing and ID with the mark Receiving and Dispatching Unit.
Valenzuela and Calderon were pushing a cart out of the Super Sale Club
containing boxes of Tide detergent and unloaded the boxes in the parking area.
They hailed a cab ands started to load the boxes of Tide detergent into the taxi
When a Security Guard of SM who was posted in the open parking space ran after
them and asked for receipts, Valenzuela and Calderon fled on foot.
The guard fired shots to alert other guards. Valenzuela and Calderon were
apprehended and the stolen merchandise were recovered.
RTC found Valenzuela and Calderon guilty of the crime of theft
Valenzuela appealed and argued that he should only be convicted of frustrated
theft
o frustrated theft since at the time he was apprehended, he was never placed
in a position to freely dispose of the articles stolen
o Cited previous decisions of the CA in People v. Dio and People v. Flores were
the accused in this cases were only found guilty of frustrated theft
Even the SC in Empelis v.IAC sentenced the accused of frustrated theft