No such thing as FRUSTRATED theft

The SC en banc recently ruled that there’s no such thing as FRUSTRATED theft:

Indeed, we have, after all, held that unlawful taking, or apoderamiento, is deemed complete from the moment the offender gains possession of the thing, even if he has no opportunity to dispose of the same. Insofar as we consider the present question, “unlawful taking” is most material in this respect. Unlawful taking, which is the deprivation of one’s personal property, is the element which produces the felony in its consummated stage. At the same time, without unlawful taking as an act of execution, the offense could only be attempted theft, if at all. With these considerations, we can only conclude that under Article 308 of the RPC, theft cannot have a frustrated stage. Theft can only be attempted or consummated.

For bar exam reviewees, the discussion and the digest are here.

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