Orphaned when still an infant, Rocky lived under the care of his grandmother Rosario. Now 18, Rocky entered Rosario’s bedroom who was then outside doing her daily marketing. He ransacked the bedroom and took Rosario’s money and valuables amounting to PhP100,000.
When Rosario came home, she found her room in disarray, and her money and valuables gone. She confronted Rocky, who confessed to taking the money and valuables in order to pay his debts.
(a) What crime, if any, did Rocky commit? (2.5%)
(b) Does he incur criminal and/or civil liability? (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) Rocky committed the crime of simple theft; and (b) he incurs civil liability only, being exempt from criminal liability. Under Article 308 of the RPC, theft is committed by taking another's personal property with intent to gain
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Quick check
What crime is committed when a person takes another's money without violence, intimidation, or force upon things?
Taking personal property with intent to gain without violence or force upon things constitutes simple theft.
Under Article 332(1) of the RPC, what is the legal effect of simple theft committed by a grandson against his grandmother?
Article 332(1) exempts descendants committing simple theft against ascendants from criminal liability, leaving civil liability intact.
To which specific crimes does the relational exemption under Article 332 of the Revised Penal Code apply?
Article 332 applies exclusively to simple theft, swindling, and malicious mischief among designated relatives.
Why is a grandson exempt from criminal liability under Article 332 for taking his grandmother's money?
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What liability remains against an offender who is granted an exemption under Article 332 of the RPC?
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Learn more about these topics
1. Simple Theft Elements
Under Article 308 of the Revised Penal Code, the crime of simple theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, takes personal property of another without the latter's consent. Entering a room without breaking locks or doors and taking money or valuables to pay off personal debts constitutes simple theft, as all elements including unlawful taking and animus lucrandi are present.
2. Relational Absolutory Cause
Under Article 332, paragraph 1 of the Revised Penal Code, no criminal liability, but only civil liability, shall result from the commission of the crime of simple theft, swindling, or malicious mischief committed by spouses, ascendants, and descendants, or relatives by affinity in the same line. A grandmother is a direct ascendant of her grandson. Consequently, a grandson who commits simple theft against his grandmother is granted exemption from criminal prosecution under this statutory absolutory cause.
3. Civil Liability Retention
Article 332 of the Revised Penal Code operates strictly as an absolutory cause that exempts specified relatives exclusively from criminal liability. It does not erase the civil obligation arising from the unlawful taking. The exempt relative remains fully liable to make restitution or pay civil indemnity equivalent to the value of the stolen money and property. The offended relative retains full legal remedies in civil court to recover the monetary value of the stolen assets.