Article 332 of the Revised Penal Code: Relatives exempt for theft, swindling, mischief
Status: In force
What does Article 332 say?
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;
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.
The exemption established by this article shall not be applicable to strangers participating in the commission of the crime.
What does it mean in plain language?
Article 332 says that theft, swindling (estafa) and malicious mischief committed between certain close relatives result in no criminal liability, only civil liability. The relatives listed are spouses, ascendants and descendants, relatives by affinity in the same line, a widowed spouse as to the property of the deceased spouse, and brothers, sisters and in-laws if they live together. The relative can still be made to return the property or pay damages, and anyone else who took part can still be prosecuted.
The article reads:
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:
- Spouses, ascendants and descendants, or relatives by affinity in the same line;
- 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
- Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The exemption established by this article shall not be applicable to strangers participating in the commission of the crime.
How does it work in real life?
Paolo: cash from his father's drawer
Paolo, 25, takes ₱20,000 from his father's drawer without permission. A son is a descendant, so under item 1 the taking results only in civil liability. His father can still claim the money back.
Ben: the in-law and the jewelry
After his wife dies, Ben sells his mother-in-law's jewelry without her permission and keeps the money. Under Carungcong, the in-law relationship continues for Article 332, so simple theft or swindling would result only in civil liability. If he had also falsified a public document to do it, Article 332 would not apply.
Rico and his friend
Rico takes his brother's laptop from the house they share, with help from his friend Jomar. Rico may be covered by item 3 because they live together, but Jomar is a stranger and is not exempt.
What does this mean in practice?
- Only these three crimes. The article lists theft, swindling and malicious mischief, and Carungcong reads that list strictly.
- The civil claim. A relative who takes property can still be made to return it or pay its value.
- More on each crime. See Article 308 on theft, Article 315 on estafa, Article 327 on malicious mischief and theft penalty in the Philippines.
- See also the question on theft or estafa between family members and the topic page on crimes against property.
Which relatives are covered?
| Item | Relatives | Condition in the article |
|---|---|---|
| 1 | Spouses; ascendants (parents, grandparents) and descendants (children, grandchildren); relatives by affinity in the same line (for example, parents-in-law and children-in-law) | None |
| 2 | The widowed spouse | Only as to property of the deceased spouse, before it has passed into the possession of another |
| 3 | Brothers and sisters, brothers-in-law and sisters-in-law | Only if living together |
The relationship must exist between the offender and the offended party. Brothers and sisters who do not live together are not covered by item 3.
Which crimes are covered?
The article names three: theft, swindling and malicious mischief. In Carungcong v. People (2010), the Supreme Court said its coverage "is strictly limited to the felonies mentioned therein" and applies "exclusively to the simple crimes of theft, swindling and malicious mischief". It does not apply when one of these is complexed with another crime, such as theft through falsification or estafa through falsification.
The Court also explained the purpose of the rule: "the spirit of Article 332 is to preserve family harmony and obviate scandal."
What happened in Carungcong v. People?
A man's wife had died, and he was later accused of making her mother sign a special power of attorney that she was told concerned only her taxes. The document was used to sell her land, and he was accused of keeping the proceeds. He asked the court to dismiss the case, arguing that as her son-in-law he was exempt under Article 332. The Supreme Court made two rulings:
- The in-law relationship survives. The relationship by affinity between the surviving spouse and the blood relatives of the deceased spouse continues after the death, for purposes of Article 332(1).
- But the crime charged was not simple estafa. He was charged with estafa through falsification of public documents, a complex crime, so Article 332 did not help him. The case was sent back to the trial court for trial.
Does the family lose its right to recover?
No. The article removes only criminal liability. Civil liability, such as returning the property or paying for the damage, remains. Article 100 states the general rule that every person criminally liable for a felony is also civilly liable; Article 332 keeps the civil side even though the criminal side is removed.
Frequently asked questions
Can you file theft against a family member in the Philippines?
For theft, swindling (estafa) and malicious mischief between the relatives listed in Article 332, no criminal liability results, only civil liability. The list covers spouses, ascendants and descendants, relatives by affinity in the same line, a widowed spouse as to the deceased spouse's property, and brothers, sisters and in-laws living together.
Can the family still recover the money or property?
Yes, through civil liability. Article 332 says no criminal, but only civil, liability results. The relative can still be made to return the property or pay for the damage.
Does Article 332 protect a friend who helped the relative?
No. The last paragraph says the exemption does not apply to strangers who take part in the crime.
Does the exemption continue after the spouse who created the in-law relationship dies?
Yes. In Carungcong v. People (2010), the Supreme Court held that the relationship by affinity between the surviving spouse and the blood relatives of the deceased spouse survives the death, for purposes of Article 332(1).
Does Article 332 cover estafa through falsification?
No. In Carungcong, the Court held that Article 332 applies only to the simple crimes of theft, swindling and malicious mischief, not when one of them is complexed with another crime such as estafa through falsification of public documents.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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