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Article 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.

OFFENSES INVOLVED IN THE EXEMPTION:
1. Theft,

PERSONS EXEMPT 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 w/c 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, if living together.

Only civil liability is incurred by the offenders who are exempt by law from criminal liability.

Parties to the crime who are not related to the offended party still remain criminally liable.

Law recognized presumed co-ownership of property between the offender and the offended party.

Persons exempt from criminal liability include:
1. stepfather/mother (ascendants by affinity)
2. adopted children (descendants)
3. concubine/paramour (spouse)
4. common-law spouse.

People v Alvarez, 52 Phil 65; People v Adame
   - Stepfather and stepmother are included as ascendants by affinity.

An adopted or natural child should also be considered as included in the term “descendants” and a concubine or paramour within the term “spouses”.

Art. 144, CC; People v Constantino, CA, 60 OG 3605: 
   - Art. 332 applies to common-law spouses.


2000 Bar Examination Question

A, brother of B, with the intention of having a night out with his friends, took the coconut shell which is being used by A as a bank for coins from inside their locked cabinet using their common key. Forthwith, A broke the coconut shell outside of their home in the presence of their friends.

a. What is the criminal liability of A if any? Explain.
b. Is A exempted from criminal liability under Art.332 of the Revised Penal Code for being a brother of B? Explain.

a. A is criminally liable for Robbery with force upon things.
b. No, B is not exempt from criminal liability under Art.332 because said article applies only to theft, swindling, or malicious mischief. Here, the crime committed is robbery.