2025 Criminal Law, Q4

A owned XYZ Prix Auto, a car repair shop in Davao City. He employed some of his relatives, including B, his cousin, as a mechanic. Unfortunately, B stole some of the company’s properties. When A learned of the theft, he filed a complaint for qualified theft against B. In his counter-affidavit, B invoked his alleged exemption from criminal liability due to his relationship with A. Is B exempt from criminal liability? Decide with reason(s).

Quick check

Why is B NOT exempt from criminal liability under Article 332 of the Revised Penal Code for stealing from A?

Which of the following relatives is expressly exempt from criminal liability for theft, swindling, or malicious mischief under Article 332 of the Revised Penal Code?

What is the legal effect of Article 332 of the Revised Penal Code on the liability of an exempt relative who commits theft?

Under Article 332 of the Revised Penal Code, under what condition are brothers-in-law exempt from criminal liability for swindling each other?

How should courts interpret the enumeration of exempt relatives listed under Article 332 of the Revised Penal Code?

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1. Absolutory Cause
Under Article 332 of the Revised Penal Code, certain relatives are exempt from criminal liability for theft, swindling, and malicious mischief. This exemption acts as an absolutory cause based on public policy to preserve family harmony and prevent public scandals. However, this statutory exemption removes only criminal liability, leaving civil liability fully intact. The aggrieved party may still seek civil restitution or damages through a civil action. Because this provision creates an exception to penal liability, it must be interpreted strictly according to its explicit statutory terms.

2. Exclusive Enumeration
The list of relatives exempt from criminal liability under Article 332 of the Revised Penal Code is exclusive and exhaustive. The law limits exemption strictly to spouses, ascendants, descendants, relatives by affinity in the same line, widowed spouses regarding property of the deceased spouse, and brothers, sisters, or in-laws living together. Relatives not expressly included, such as cousins, uncles, aunts, nephews, or nieces, cannot claim this benefit. Courts cannot extend this absolutory cause by analogy or equity to unlisted collateral relatives, as penal exemptions are strictly construed against the accused.

3. Qualified Theft
Qualified theft occurs when theft is committed with grave abuse of confidence, such as when an employee steals property entrusted by an employer. While Article 332 applies to theft generally, it does not expand the class of exempt relatives based on employment or family ties. Even if the offender is a relative employed in a family business, exemption from criminal liability remains strictly dependent on whether the relative falls within the enumerated relationships under Article 332. An employee who is a cousin remains criminally liable for qualified theft.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026