048. U.S. v Adiao G.R. No. L-13785 / October 8, 1918/ En Banc/ Appeal from te !ec"#"on of $%& of 'an"la (n"te! )tate# *pla"nt"ff-appellee +oma# A!"ao * !efen!ant-appellant ec"#"on b . 'alcolm, "e#t b Arnel Short Version: It’s Version: It’s about the theft of a leather belt. The defendant, Tomas Adiao, a customs inspector, abstracted abstracted a leather leather belt valued valued at P0.80, from the baggage baggage of a Japanese Japanese named T. Muraami, Muraami, and hid the belt in his des in the !ustom "ouse, #here it #as found b$ other customs emplo$ees. "e #as charged #ith theft but convicted convicted of a lesser offense offense of frustrated theft. "e no# appeals. Facts: !ustoms Inspector Tomas Adiao, apparentl$ too a fanc$ at a leather belt of a Japanese national and hid it at his des. %efore he could tae it out of the customs office, the said belt #as later found b$ other customs emplo$ees. Adiao #as charged in the Municipal !ourt of the cit$ of Manila #ith the crime of theft. "e #as found guilt$ of the lesser crime of frustrated theft. "e appealed to the !ourt of &irst Instance of the cit$ of Manila and again he #as found guilt$ of the crime of frustrated theft, and #as sentenced to pa$ a fine of P'00, #ith subsidiar$ imprisonment in case of insolvenc$, and to pa$ the costs. (ot satisfied, he still appeals to the )!. Issue: *+( Adiao is guilt$ of of the crime of frustrated frustrated theft (+, he is guilt$ guilt$ of theft, not -ust -ust frustrated theft. Ratio: The )! is of the opinion that the crime can not properl$ be classified as frustrated, as this #ord is defined in article of the Penal !ode, but that since the offender offender performed all of the acts of execution necessar$ for the accomplishment crime of theft. &rom the facts of the case in the lo#er court/ (ot decisive The fact that the defendant defendant #as under observation during the entire entire transaction and that he #as unable to get the merchandise out of the !ustom "ouse 1ecisive all the elements of the completed crime of theft are present. The court cited several cases #here the crime of theft #as considered as consummated, even if the ob-ect #as found near the place it #as stolen from. 2The accused . . . having materiall$ taen possession of the mone$ from the moment he too it from the place #here it had been, and having taen it #ith his hands #ith intent to appropriate the same, he e3ecuted all the acts necessar$ to constitute the crime #hich #as thereb$ produced4 onl$ the act of maing use of the thing having been frustrated, #hich, ho#ever, does not go to mae the elements of the consummated crime. 51ecision of the )! of )pain, June ', '886.7 The )! also considered that Adiao too advantage of his public position, an aggravating circumstance 5#ith no mitigating circumstance7, circumstance7, and thus imposed the ma3imum degree of penalt$. 5(alintian na.7 ispositive: Judgment is reversed and the defendant and appellant is sentenced to three months and one da$ of arresto ma$or, #ith the costs of all instances against Adiao. And $es, the leather belt shall be returned to the la#ful o#ner, T. Muraami.
