ART.331. DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
The penalty is lower if the thing destroyed is a public painting, rather
than a public monument.
OFFENSES INVOLVED IN THE EXEMPTION:
2. Swindling (estafa), and
3. Malicious mischief.
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
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 offender
and 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
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.