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Persons Exempt From Criminal Liability In Crimes Against Property


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.



ART.332

OFFENSES INVOLVED IN THE EXEMPTION:
1. Theft,
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 
    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 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 
     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.







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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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