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Immanuel Cris L Palasigue

2014-83783

BS Nursing
Communication Skills II

Report Paper: Revised Penal Code Article 332


The Revised Penal Code Article 332 Persons exempted from criminal liability (will be
referred to as RPC Article 332) dictates that 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.

For the purpose of the preservation of family harmony, this law clearly states that the
husband and the blood relatives of the wife (or the wife and the blood relatives of the husband) is
given immunity from criminal liability if the crime is committed to the second party and is only
applied to the felonies of theft, swindling and malicious mischief. The state also waives its right
of prosecution of the offender for the aforementioned crimes but leaves the decision to the
private offended party to hold the offender civilly liable.

This article is implemented by the Philippine Government to secure the accordance of


Filipino families throughout the entire nation. By doing so, Filipino families will have lowsusceptibility rate to become a broken family due to crimes committed by a family member or
the relative from the spouse.
In relevance to this, the Supreme Court of the Philippines released a statement saying, In
case a marriage is terminated by the death of one of the spouses, there are conflicting views.
There are some who believe that relationship by affinity is not terminated whether there are
children or not in the marriage. However, the better view supported by most judicial authorities
in other jurisdictions is that, if the spouses have no living issues or children and one of the
spouses dies, the relationship by affinity is dissolved. It follows the rule that relationship by
affinity ceases with the dissolution of the marriage which produces it. On the other hand, the
relationship by affinity is continued despite the death of one of the spouses where there are living
issues or children of the marriage in whose veins the blood of the parties are commingled, since
the relationship of affinity was continued through the medium of the issue of the marriage.
This statement is released as several conflicting cases concerning the death of either spouse have
come to view. In lieu to this, article 332 primary purpose is not to protect criminals from being
punished for their crimes but to protect Filipino families from being in a state of discord and
preserving the harmony of the family

Bibliography
Art. 332 of the Revised Penal Code. (n.d.). Retrieved from The Lawyer's Post:
http://thelawyerspost.net/art-332-revised-penal-code-death-terminate-relationshipaffinity/#.VQEcXdLF9WJ
Revised Penal Code Article 332 - Persons exempt from criminal liability. (n.d.).
Retrieved from Philippine Law: https://www.google.com.ph/url?
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