U.S. v.

ADIAO

G.R. No. L-13785, October 8, 1918

MALCOLM, J.:

FACTS:

Appellant Tobias Adiao, a customs inspector, was charged with the crime of theft by the
Municipal court of Manila for extracting a leather belt from the baggage of a Japanese named T.
Murakami, which was found by the other employees on his desk in the Custom House. He was found
guilty of the lesser crime of frustrated theft. He was still found guilty of frustrated theft when he
appealed to the Court of First Instance.

ISSUE:

Whether or not act is consummated theft.

HELD:

Yes, the act was consummated theft since he performed all acts of execution as required by
Article 3 of the Revised Penal Code.