People vs Diño C.A., 45 O.G. 3446

People of the Philippines versus Diño

 

Facts

On June 20, 1946, Roberto Diño was hired as a driver of the US army at a station in Quezon City. At above 11:30 in the morning, he brought a truck load of articles to manila harbor; the article came from the US army. At the check point a guard approached the truck and found three boxes, containing ten caliber 30 army rifles. The guard brought Diño to the lieutenant of the US army for questioning, Diño pointed to the gang but later denied. Later Diño confessed that there were four persons who placed the boxes on board and he was instructed to bring them out of the area. While they were to meet after the truck passed the checkpoint.

 

Issue: whether or not the crime of theft was consummated considering the foregoing.

 

Ruling:

Trial Court: Diño was found guilty as an accomplice in the consummated crime of theft.

Supreme Court: Diño was found guilty as a principal in the frustrated crime of theft.

Reason: in order for the crime of theft to be consummated the article should have passed the checkpoint, so that the thief could have full control and could dispense of the property.

  

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