Article 332Persons exempt from criminal liability
ELI5— what this means for you
Persons exempt from criminal liability for theft, estafa, and malicious mischief between family members (spouses, ascendants/descendants, siblings living together). The offender is still civilly liable — the victim can sue for damages, just not criminal prosecution.
Key point
Stealing from your spouse or parents is not criminally prosecutable — but they can sue you for civil damages.
Official text — Act No. 3815
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;
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.
TITLE ELEVEN
CRIMES AGAINST CHASTITY
CHAPTER ONE
ADULTERY AND CONCUBINAGE
Related
RELATED RIGHTS
Legal disclaimer: BatasKo provides general legal information, not legal advice. Criminal law has serious consequences — for advice on your specific situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.