Art.

332
PERSONS EXEMPT FROM CRIMINAL LIABILITY
Art. 332. Persons exempt from criminal liability. — No criminal, 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.chanrobles virtual law library
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.chanrobles virtual law library
The exemption established by this article shall not be applicable to strangers
participating in the commission of the crime.
Crimes involved in the exemption:
1. Theft,
2. Swindling (estafa),
3. Malicious mischief.
Note: Hence, if the crime is robbery or estafa through
falsification, this article does not apply. Thus, if the son
committed estafa through falsification of a commercial
document against his father, he is criminally liable for the crime
of falsification.
Persons exempted from criminal liability.
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 passed into the possession of another.
3. Brothers and sisters and brothers-in-law and sisters-in-law, [{living together.
There is only civil liability.
No criminal, but only civil liability shall result from the commission of any said crimes,
committed or caused mutually by those persons. (Par. 1, Art. 332)
"Committed or caused mutually" by the persons mentioned in Art. 332.
A was indebted to B in the sum of P100. C, son of B, without the knowledge or consent of
the latter, went to A and falsely represented to him that B sent him (C) to collect. Believing the
statement of C to be true, A gave P100 to C. The money was not turned over to B, as C spent it for
himself.
Is Art. 332 applicable?
No, because the offended party in this case is A, not B. Art. 332 is applicable only when the
offender and the offended party are relatives and their relationship is any of those mentioned in said
article.
Reason for exemption from criminal liability.
The law recognizes the presumed co-ownership of the
property between the offender and the offended party.
This article does not apply to stranger who participates in the
commission of the crime.
Strangers who participate in the commission of the crime are
not exempt from criminal liability, (last par., Art. 332)
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.
Stepfather, adopted father, natural children, concubine, paramour, included.

Stepfather and stepmother are included as ascendants by affinity. (People vs. Alvarez, 52 Phil.
65; People vs. Adame, et al., C.A., 40 O.G., Supp. 12, 63)
A stepfather, who was angry with his stepson, took the suitcase of the latter with its contents
and burned it in an orchard. As this crime should be treated as malicious mischief only, the stepfather
is not criminally liable. (People vs. Alvarez, 52 Phil. 65)
An adopted or natural child should also be considered as relatives included in the term
"descendants" and a concubine or paramour within the term "spouses." (Guevara)
Art. 332 applies to common-law spouses.
We should not draw hair-splitting distinction between a couple whose cohabitation is
sanctioned by a sacrament or legal tie and another who are husband and wife de facto. In actual life,
no difference in relationship exists. Even our Civil Code concedes to a man and a woman who live
together as husband and wife without benefit of ceremony, the right of co-ownership to the
"property acquired by either or both of them through their work or industry or their wages and
salaries." (Article 144, Civil Code; People vs. Constantino, C.A., 60 O.G. 3605)
The widowed spouse who commits theft, estafa or malicious
mischief with respect to property of deceased.

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.
Brothers and sisters and brothers-in-law and sisters-in-law must
be living together at the time of the commission of any of the
crimes of theft, estafa or malicious mischief.

Thus, when the accused, the brother-in-law of the offended

party, was living in the house of the offended party at the time he
received PI,000 from the latter to buy plumbing fixtures for her, and
misappropriated it to her prejudice, there was only civil liability.
(People vs. Navas, C.A., 51 O.G. 219)