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Jacinto v People
Petitioner had been convicted of qualified theft and is
now seeking for a reversal of the
decision.
Facts:
Jacinto along with Valencia and Capitle was charged
with qualified theft for having stole and deposited a
check with an amount of 10,000 php. Such check was
issued by Baby Aquino for payment of her purchases
from Mega Foam, but the check bounced.
Dyhengco found out about the theft and filed a
complaint with the NBI. An entrapment operation was
conducted, with the use of marked bills. The
entrapment was a success and the petitioner along
with her coaccused was arrested.
Issue:
Whether this can constitute as an impossible crime and
not as qualified theft
Held:
This constitutes as an impossible crime.
The requisites of an impossible crime are:
1. that the act performed would be an offense against
persons or property
(all acts to consummate the
crime of qualified theft was consummated crime
against property)
2. that the act was done with evil intent
(mere act of unlawful taking showed intent to gain)
3. that its accomplishment was inherently impossible or
the means employed was either inadequate or
ineffectual or the extraneous circumstance that
constituted it as a factual impossibility
(the fact that the
check bounced)
Legal impossibility occurs where the intended acts,
even if completed, would not amount to a crime.
(Impossibility of killing a dead person)
Factual impossibility when extraneous circumstances
unknown to the actor or beyond his control
prevent consummation of the intended crime. (Like the
example in the case of Intod: a man puts his
hand on the coat pocket of another with intent to steal
but gets nothing since the pocket is empty)
From the time the petitioner took possession of the
check meant for Mega Foam, she had performed all
People v. Domasian