Note:

US V. Adiao The ponente referred to the

Specific Felonies decision of Supreme Court of Spain
Oct 8, 1918 in its decision. It illustrated several
Ponente: Malcolm, J. situations that constitute
consummated theft.
SUMMARY:
Adiao, a customs inspector, abstracted a leather belt
from the luggage of a Japanese and secreted the belt
under his desk in the Customs house where it was found
by his co-workers. He was first convicted of frustrated HOLDING:
theft. The court held that since the respondent did all 1. No. The crime can’t be classified as frustrated
the acts necessary for the accomplishment of the felony, because Adiao performed all the acts of execution
he is guilty of consummated theft. necessary for the accomplishment of the crime of theft.
ISSUES: He is guilty of consummated crime of theft. He has
1. Whether or not the act of the respondent is taken possession of the belt and this already
frustrated theft constitutes the crime of theft. The fact that he was
under observation during the entire transaction and
FACTS: was unable to get the merchandise out of the Customs
1. Adiao, a customs inspector, took a leather belt house is not decisive. All the elements of the
valued at 80 cents from the baggage of T. completed crime of theft are present.
Murakami.
2. He kept the belt in his desk at the Customs
house where it was found by other customs RULING:
employees. Judgement is reversed. Defendant is sentenced to 3
3. He was charged with the crime of theft in the months and 1 day arresto mayor, with the costs of all
Municipal Court of the city of Manila instances against him.
4. He was found guilty of frustrated theft
5. He appealed to the Court of First Instance and
the decision of the Municipal Court was affirmed
and he was sentenced to pay P100 fine with
subdiary imprisonment in case of insolvency;
and to pay the costs.
6. The respondent claimed in his appeal that the
lower court erred in holding that he was guilty
of the crime of theft as disclosed by the facts
appearing of record.