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?
- Theft cannot be complete until the property is sold
- The result is necessarily frustrated theft
- Recovery necessarily proves no taking occurred
- Immediate recovery does not itself undo the stipulated consummated theft
- The thief may choose the stage
Legal references
- Valenzuela v.People, GR160188, June21,2007: https://lawphil.net/judjuris/juri2007/jun2007/gr_160188_2007.html
Answer this question in flashcards to review your response and continue practicing.