Philippine Bar review · Question

Practice question: Attempted, Frustrated, and Consummated Stages

Multiple Choice Medium

Practice question

A thief completes an unlawful taking with all theft elements proved, but a guard immediately recovers the property. Which is best under Valenzuela?
  1. Theft cannot be complete until the property is sold
  2. The result is necessarily frustrated theft
  3. Recovery necessarily proves no taking occurred
  4. Immediate recovery does not itself undo the stipulated consummated theft
  5. The thief may choose the stage

Legal references

  • Valenzuela v.People, GR160188, June21,2007: https://lawphil.net/judjuris/juri2007/jun2007/gr_160188_2007.html

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