Art. 332. Persons exempt from criminal liability. -- No criminal liability, but only civil liability shall result from the commission of the crime of theft, swindling, or malicious mischief committed or caused mutually by the following persons:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line;
2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
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What are the crimes wherein some persons may be exempt from any criminal liability despite its commission?
1. Theft (but not robbery)
2. Swindling or Estafa
3. Malicious Mischief
■ The absolutory cause under Article 332 of the Revised Penal Code applies exclusively to the simple crimes of theft, swindling and malicious mischief. It does not apply where any of the crimes mentioned under Article 332 is complexed with another crime, such as theft through falsification or estafa through falsification.
Under Article 332 of the Revised Penal Code, the State waives its right to hold the offender criminally liable for the simple crimes of theft, swindling and malicious mischief and considers the violation of the juridical right to property committed by the offender against certain family members as a private matter and therefore subject only to civil liability. The waiver does not apply when the violation of the right to property is achieved through (and therefore inseparably intertwined with) a breach of the public interest in the integrity and presumed authenticity of public documents. For, in the latter instance, what is involved is no longer simply the property right of a family relation but a paramount public interest.
The purpose of Article 332 is to preserve family harmony and obviate scandal. Thus, the action provided under the said provision simply concerns the private relations of the parties as family members and is limited to the civil aspect between the offender and the offended party. When estafa is committed through falsification of a public document, however, the matter acquires a very serious public dimension and goes beyond the respective rights and liabilities of family members among themselves. Effectively, when the offender resorts to an act that breaches public interest in the integrity of public documents as a means to violate the property rights of a family member, he is removed from the protective mantle of the absolutory cause under Article 332. (Intestate Estate of Vda. De Carungcong vs. People, G.R. 181409, February 11, 2010).
Who are the persons exempt from any criminal liability of the above-mentioned crimes?
1. Spouses - embraces common law relation. The penal code makes no distinction between a couple whose cohabitation is sanctioned by a sacrament or legal tie and another who are husband and wife de facto. In relation to Arts. 147 and 148 of the Family Code, the common law spouses are co-owners of the property.
2. Ascendants and Descendants - parents, children, grandparents, grandchildren, great-grandparents, great-grandchildren.
3. Relatives by Affinity in the Same Line - Affinity is the relation that one spouse has to the blood relatives of the other spouse. It is a relationship by marriage or familial relation resulting from marriage. It is a fictive kinship, a fiction created by law in connection with the institution of marriage and family relations. (Intestate Estate of Vda. De Carungcong vs. People)
■ Included in the exemptions are parents-in-law, stepparents and adopted children. By virtue thereof, no criminal liability is incurred by the stepfather who commits malicious mischief against his stepson; by the stepmother who commits theft against her stepson; by the stepfather who steals something from his stepson (Intestate Estate of Vda. De Carungcong vs. People).
■ Included in the exemptions are parents-in-law, stepparents and adopted children. By virtue thereof, no criminal liability is incurred by the stepfather who commits malicious mischief against his stepson; by the stepmother who commits theft against her stepson; by the stepfather who steals something from his stepson (Intestate Estate of Vda. De Carungcong vs. People).
4. Widowed Spouse - To be exempt from criminal liability, it is required that: (1) the property belongs to the deceased spouse; and (2) it has not passed into the possession of a third person.
5. Brothers and Sisters - the law does not define whether the relationship should be legitimate or not. What is important is they are brothers or sisters. To be exempt from criminal liability, they must be living together at the time of the commission of the crime. If they are living in the same compound but not in the same house, there is no exemption because they are living separately.
6. Brothers-in-law and sisters-in-law - exempted only if they are living together with the victim.
What is the liability of these persons?
No criminal liability, but only civil liability shall result from the commission of any of said crimes committed or caused mutually by the these persons.
What is the reason for the exemption?
The law recognizes the presumed co-ownership of the property between the offender and the offended party. (Luis B. Reyes, The Revised Penal Code)
Does the exemption apply to strangers who participate in the commission of the crime?
No criminal liability, but only civil liability shall result from the commission of any of said crimes committed or caused mutually by the these persons.
What is the reason for the exemption?
The law recognizes the presumed co-ownership of the property between the offender and the offended party. (Luis B. Reyes, The Revised Penal Code)
Does the exemption apply to strangers who participate in the commission of the crime?
No. Strangers who participates in the commission of the crime are not exempt from criminal liability. Thus, if a stranger cooperated with the son of the offended party in stealing the latter's money, the son is exempt from criminal liability but the stranger is criminally liable. (Luis B. Reyes, The Revised Penal Code)
Does the relationship by affinity between the surviving spouse and the kindred of the deceased spouse continues even after the death of the deceased spouse?
Yes. For purposes of Article 332(1) of the Revised Penal Code, the relationship by affinity created between the surviving spouse and the blood relatives of the deceased spouse survives the death of either party to the marriage which created the affinity.
(The same principle applies to the justifying circumstance of defense of ones relatives under Article 11[2] of the Revised Penal Code, the mitigating circumstance of immediate vindication of grave offense committed against ones relatives under Article 13[5] of the same Code and the absolutory cause of relationship in favor of accessories under Article 20 also of the same Code.) (Intestate Estate of Vda. De Carungcong vs. People).
READ: Intestate Estate of Vda. De Carungcong vs. People Case Digest
Does the relationship by affinity between the surviving spouse and the kindred of the deceased spouse continues even after the death of the deceased spouse?
Yes. For purposes of Article 332(1) of the Revised Penal Code, the relationship by affinity created between the surviving spouse and the blood relatives of the deceased spouse survives the death of either party to the marriage which created the affinity.
(The same principle applies to the justifying circumstance of defense of ones relatives under Article 11[2] of the Revised Penal Code, the mitigating circumstance of immediate vindication of grave offense committed against ones relatives under Article 13[5] of the same Code and the absolutory cause of relationship in favor of accessories under Article 20 also of the same Code.) (Intestate Estate of Vda. De Carungcong vs. People).
READ: Intestate Estate of Vda. De Carungcong vs. People Case Digest
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