Persons Exempt from Criminal Liability on Crimes Against Property

When the law provides for the exemption of filing any criminal liability to supposedly offenders, the aggrieved party cannot do otherwise.  It is the law.  No matter how harsh it may be, it is the law.  Dura lex sed lex.

In crimes committed against property, the Revised Penal Code provides persons who are exempt from any criminal liability.  However, they are not entirely without any liability because the victim may still file any civil liability to recover damages it may have from the commission of such crimes.



What are the crimes wherein some persons may be exempt from any criminal liability despite its commission?

These are:

1.  THEFT

2.  SWINDLING OR ESTAFA

3.  MALICIOUS MISCHIEF


Who are the persons exempt from any criminal liability of the above-mentioned crimes?

1.  Spouses - what is contemplated here by law is the legal spouse.  The spouses must have been lawfully wed, otherwise, this exemption shall not apply.  Thus, if a husband committed a crime of theft against the wife, the former is not criminally liable.

 2.  Ascendants and Descendants - it is the relationship of the parties from ascendants to descendants.  For instance, Parents to Child, Grandparent to Grandchild, Great grandparents to Great grandchild, so on and so forth.

 3.  Relatives by Affinity in the Same Line - this relationship is created by fiction of law.  Because of the marriage of the spouses, the relatives of one spouse may be connected to other spouse via operation of law.  Thus, the relationship exists in Parents-in-Law to Child-in Law.

4.  Widowed Spouse - the spouse mentioned here is that one who was lawfully married.  It is only limited to those property of the deceased spouse before the same shall have passed into the possession of another.  Once the said property shall have passed into the possession of another, this exemption shall not apply.

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.  Regardless whether or not they are living in the same roof, the exemption may still be invoked.

6.  Brothers-in-law and sisters-in-law - specifically mentioned in the provision of the law that these in-laws are only exempted from the crimes mentioned above if they are living together with the victim.  Otherwise, this exemption shall not apply.

Please take note that the exemption are only for the three crimes mentioned.  Otherwise, they are not exempted.  Thus, a father may be charged of parricide if he killed his child.  Despite their relationship, the exemption is not applicable.

Also, the exemption shall not apply to strangers who are in cahoots with the persons mentioned above.  Thus, if the brother has a stranger, who is not related whatsoever to the victim, in committing the crime of estafa, the strangers are not exempt from the crime of estafa.  Only the brother may be exempted.

Comments

Post a Comment

Popular posts from this blog

Philippine Laws on Illegal Gambling

Image
Since the announcement of Philippine President Rodrigo Roa Duterte for the Philippine National Police to halt its operation on war against drugs and shift the fight against illegal gambling, hundreds of suspected individuals were apprehended allegedly involved with illegal gambling nationwide. In General Santos City for instance, there are at least 4 suspects are brought before our office for inquest investigation.  There suspects are either violating Presidential Decree (P.D.) No. 1602 or Republic Act No. 9287. It might be noteworthy to consider because the police officers are doing their job as mandated by law, but, most, if not all, of the suspects apprehended belong to the poorest of the poor.  We are still waiting at the time when we would face suspects who are the financier of these illegal gambling games. This image is taken from google. The following are the gambling laws of the Philippines: PRESIDENTIAL DECREE NO. 1602 It amended the criminal provisions of A
Read more

Bonds for Illegal Gambling

This post shall provide the updated recommended bonds for illegal gambling as of this writing. Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling): Section 1.   Penalties.  The following penalties are hereby imposed: (a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:      1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pang
Read more

The Crime of Grave Scandal

Image
Courtesy of Sun.Star Davao When I opened my facebook yesterday, June 2, 2014, a strange news caught my attention.  This news was all about two men caught in the act masturbating.  Thus: DUHA ka lalaki ang gibalhog sa selda sa San Pedro Police Station human nasakpang nag-masturbate sila ala 1:25 sa kaadlawon kagahapon, Dominggo, didto sa Palma Gil Street, siyudad sa Davao. Ang duha gitago sa pangalan nga Marco, 33, ulitawo, laborer, nagpuyo sa San Juan Village, Bangkal, Barangay Talomo Proper, ug Daryl, 23, ulitawo, sales agent ug residente sa S.I.R, New Matina, Barangay 76-A Bucana. Gisaysay sa blotter sa kapulisan nga nadakpan ang duha sa nagpatrolya ang mga sakop sa Philippine Civic Crime Monitoring Group (PCCMG) nga gipangulohan Jerry Balobar Ponayo didto sa dalang Palma Gil. Si Police Officer (PO2) Perfecto Tuloy, duty desk officer, nagsulti nga nakita mismo ni Ponayo ang duha nga nagbinatilay sa ilang kinatawo kilid sa gi-parking nga multicab sa kalsada.
Read more