Dear PAO,

My mother stole P500,000 from me. I want to file a criminal case against her. However, a private lawyer told me that it is impossible for me to indict my mother for the crime of theft. I want a second opinion.

Jodar

Dear Jodar,

Yes, it is true that you cannot indict your own mother for the crime of theft.

Article 332 of the Revised Penal Code (RPC) exempts certain persons from being criminally liable for committing specific criminal acts, to wit:

“Article 332. 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.”

In De Carungcong v. People of the Philippines, GR 181409, February 2010, penned by Chief Justice Renato Corona, the Supreme Court explained the scope and purpose of the above-mentioned provision as follows:

“The absolutory cause under Article 332 of the Revised Penal Code only applies to the felonies of theft, swindling and malicious mischief. Under the said provision, the State condones the criminal responsibility of the offender in cases of theft, swindling and malicious mischief. As an act of grace, the State waives its right to prosecute the offender for the said crimes but leaves the private offended party with the option to hold the offender civilly liable.

“xxx

“The purpose of Article 332 is to preserve family harmony and obviate scandal. Thus, the action provided under the said provision simply concerns the private relations of the parties as family members and is limited to the civil aspect between the offender and the offended party. xxx”

Thus, it is clear that Article 332 of the RPC provides for an absolutory cause in the crimes of Theft, Estafa, and Malicious Mischief. It limits the responsibility of the offender to civil liability by virtue of his/her relationship to the offended party. Since your mother is obviously your ascendant, a criminal case for Theft will not prosper against her. However, you can still file a civil case to recover your money.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]