Is Hiding a Relative Who Committed a Crime Also a Crime?

Article 19 says accessories are those who know a crime was committed, did not take part in it as principals or accomplices, and take part afterwards in one of three ways:

So under the Code, hiding the offender (the third way) makes a private person an accessory only in the serious cases the item lists: treason, parricide, murder, an attempt on the life of the Chief Executive, or an offender known to be habitually guilty of some other crime. Under Article 16, accessories are liable only for grave and less grave felonies, not light ones. For a consummated felony, Article 53 imposes on accessories the penalty two degrees lower than the one prescribed for the felony.

Article 20 of the Code reads:

The exception, paragraph 1 of Article 19, is profiting from the crime or helping the offender profit from it. A mother who hides her son is covered by the exemption; a mother who helps her son sell stolen goods is not. In Carungcong v. People (2010), a case about relatives and theft, the Supreme Court held that the relationship by affinity between a surviving spouse and the blood relatives of the deceased spouse survives the death of the spouse, and noted in passing that the same principle applies to the absolutory cause of relationship in favor of accessories under Article 20.

Presidential Decree No. 1829 (1981) punishes any person who "knowingly or wilfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases" by any of the acts it lists. One of them, in Section 1(c), is harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws, "in order to prevent his arrest, prosecution and conviction."

The penalty printed in the decree is prision correccional in its maximum period, or a fine as stated in the decree, or both. If an act is punished by another law with a higher penalty, the higher penalty is imposed. Public officials and employees also suffer perpetual disqualification from holding public office. The decree, read in full, contains no exemption for relatives.

Yes. In De Leon v. Luis (2021), the Supreme Court said the decree "punishes acts knowingly and willfully committed with the intention to obstruct, impede, frustrate or delay the administration of justice." In that case, a lawyer did not arrest or report a person who came to her office to sign a motion. The Court said this, without more, did not show an unmistakable intent to help him evade prosecution, and the petition was dismissed.

That is the open question. The Revised Penal Code exempts close relatives from the penalties for accessories, except for profiting. Presidential Decree No. 1829 is a separate law whose text has no such exemption. No ruling read for this page decides whether a relative who hides a family member can be convicted under the decree. The prosecutor and the court decide on the facts of each case.

These are made-up examples to show how the rules work. They are not advice for any real case.

Nena lets her son stay in her house after he is accused of homicide, and does not tell anyone. Under Article 19(3), homicide is not one of the crimes listed, and Article 20 would in any case exempt her as his mother from the penalties for accessories. Whether the decree applies to her is the question this page leaves open.

Rey helps his brother sell motorcycles the brother stole. Profiting or helping the offender profit is the exception in Article 20, so the relative exemption does not cover Rey.

Joel hides a friend he knows is wanted for murder, to keep him from being arrested. Joel is not a relative named in Article 20. Under Article 19(3), harboring the principal of murder can make him an accessory, and the decree may also apply.

See also the meaning of accessory and the comparison principal vs accomplice vs accessory.

Talk to a lawyer if a family member accused of a crime is staying with you, if you are asked to help someone avoid arrest, or if you were charged as an accessory or under Presidential Decree No. 1829. How the two laws apply depends on the crime, the relationship and what was done. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.