A Continuation of Legal Advice 3

In my last blog post, I mentioned of persons who are exempt from criminal liability in crimes against property.  Specifically, I discussed the case of my client who was asking if she could a criminal case of THEFT against her brother who allegedly stole her money.

Clearly as stated in the Revised Penal Code, brothers or sisters are exempt from criminal liability in the crime of THEFT, SWINDLING, or MALICIOUS MISCHIEF.

Aside from the brothers or sisters, the following persons are also exempt from the criminal liability in the same crimes mentioned above:

1.  Spouses - generally spouses refer to those lawfully wedded.  But in this definition, it covers those common-law spouses not suffering from any impediment to marry, live together as husband and wife without the benefit of marriage.  Meaning, not only lawfully wedded spouses are included in the exemption but also those living together as husband and wife without the benefit of marriage.  Those are couples who were not lawfully wed although they do not have any impediments nor hindrances to marry but just chose to be common law spouses.  This definition of common law spouses do not include those couples who live in an extra-marital status and also those live-in partners who are still minors or one of them is a minor.

2.  Ascendants -they refer to the parents, grandparents, great grandparents and so on.  

3.  Descendants - they refer to children, grand children, great grandchildren and so on.

4.  Relatives by affinity in the same line - they refer to those relatives though not related by blood but connected to the victim because of the marriage connection.  They are the in-laws of the victim.

5.  Widowed Spouse - the spouse mentioned here is that one who was lawfully married.  It is only limited to those property of the deceased spouse before the same shall have passed into the possession of another.  Once the said property shall have passed into the possession of another, this exemption shall not apply.

6.  Brothers-in-law and sisters-in-law - specifically mentioned in the provision of the law that these in-laws are only exempted from the crimes mentioned above if they are living together with the victim.  Otherwise, this exemption shall not apply.

Please note that this exemption shall not to those strangers participating in the commission of the crime.