EN BANC G. R. No. 160188 June 21, 2007 ARISTOTEL VALENZUELA y NATIVIDAD, petitioner, vs. PEOPLE OF THE PHILIPPINES and HON. COURT OF APPEALS NACHURA, respondents.

 We thus conclude that under the Revised Penal Code, there is no crime of frustrated theft. As petitioner has latched the success of his appeal on our acceptance of the Diño and Flores rulings, his petition must be denied, for we decline to adopt said rulings in our jurisdiction. That it has taken all these years for us to recognize that there can be no frustrated theft under the Revised Penal Code does not detract from the correctness of this conclusion. It will take considerable amendments to our Revised Penal Code in order that frustrated theft may be recognized. Our deference to Viada yields to the higher reverence for legislative intent.

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