Practice question
A person completes the unlawful taking required for theft, with all other elements established, but security immediately recovers the property before any chance to sell it. He argues that a lengthy objective phase must exist in every felony and that lack of free disposal makes this only frustrated theft. Which is best?
- Every felony must have a frustrated interval
- Sale is an element of theft in every case
- Immediate recovery erases the taking
- A thief always controls the classification
- The phase framework must follow the offense’s elements; Valenzuela rejects frustrated theft and free disposal as an added consummation requirement
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.