Are relatives by affinity covered by the absolutory cause of Article 332 of the Revised Penal Code after the death of the spouse?
On the issue of whether the death of the spouse terminated the relationship between the son-in-law and the mother-in-law, thus, the exception on prohibition on prosecution for the crimes of theft, swindling and malicious prosecution, the Court, in the case of Intestate Estate of Gonzales vda. De Carungcong, ruled that the exception applies to relatives by affinity, even after the death of spouse.
“Article 332 provides for an absolutory causein the crimes of theft, estafa (or swindling) and malicious mischief. It limits the responsibility of the offender to civil liability and frees him from criminal liability by virtue of his relationship to the offended party.
In connection with the relatives mentioned in the first paragraph, it has been held that included in the exemptions are parents-in-law, stepparents and adopted children. By virtue thereof, no criminal liability is incurred by the stepfather who commits malicious mischief against his stepson;] by the stepmother who commits theft against her stepson;] by the stepfather who steals something from his stepson; by the grandson who steals from his grandfather; by the accused who swindles his sister-in-law living with him; and by the son who steals a ring from his mother.
Affinity is the relation that one spouse has to the blood relatives of the other spouse. It is a relationship by marriage or a familial relation resulting from marriage.] It is a fictive kinship, a fiction created by law in connection with the institution of marriage and family relations.
If marriage gives rise to one’s relationship by affinity to the blood relatives of one’s spouse, does the extinguishment of marriage by the death of the spouse dissolve the relationship by affinity?
Philippine jurisprudence has no previous encounter with the issue that confronts us in this case. That is why the trial and appellate courts acknowledged the “dearth of jurisprudence and/or commentaries” on the matter. In contrast, in the American legal system, there are two views on the subject. As one Filipino author observed:
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 (Carman vs. Newell, N.Y. 1 [Denio] 25, 26). 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 (Kelly v. Neely, 12 Ark. 657, 659, 56 Am Dec. 288). 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” (Paddock vs. Wells, 2 Barb. Ch. 331, 333).]
The first view (the terminated affinity view) holds that relationship by affinity terminates with the dissolution of the marriage either by death or divorce which gave rise to the relationship of affinity between the parties.] Under this view, the relationship by affinity is simply coextensive and coexistent with the marriage that produced it. Its duration is indispensably and necessarily determined by the marriage that created it. Thus, it exists only for so long as the marriage subsists, such that the death of a spouse ipso facto ends the relationship by affinity of the surviving spouse to the deceased spouse’s blood relatives.
The first view admits of an exception. The relationship by affinity continues even after the death of one spouse when there is a surviving issue.] The rationale is that the relationship is preserved because of the living issue of the marriage in whose veins the blood of both parties is commingled.
The second view (the continuing affinity view) maintains that relationship by affinity between the surviving spouse and the kindred of the deceased spouse continues even after the death of the deceased spouse, regardless of whether the marriage produced children or not.] Under this view, the relationship by affinity endures even after the dissolution of the marriage that produced it as a result of the death of one of the parties to the said marriage. This view considers that, where statutes have indicated an intent to benefit step-relatives or in-laws, the “tie of affinity” between these people and their relatives-by-marriage is not to be regarded as terminated upon the death of one of the married parties.]
After due consideration and evaluation of the relative merits of the two views, we hold that the second view is more consistent with the language and spirit of Article 332(1) of the Revised Penal Code.
First, the terminated affinity view is generally applied in cases of jury disqualification and incest.] On the other hand, the continuing affinity view has been applied in the interpretation of laws that intend to benefit step-relatives or in-laws. Since the purpose of the absolutory cause in Article 332(1) is meant to be beneficial to relatives by affinity within the degree covered under the said provision, the continuing affinity view is more appropriate.
Second, the language of Article 332(1) which speaks of “relatives by affinity in the same line” is couched in general language. The legislative intent to make no distinction between the spouse of one’s living child and the surviving spouse of one’s deceased child (in case of a son-in-law or daughter-in-law with respect to his or her parents-in-law] can be drawn from Article 332(1) of the Revised Penal Code without doing violence to its language.
Third, the Constitution declares that the protection and strengthening of the family as a basic autonomous social institution are policies of the State and that it is the duty of the State to strengthen the solidarity of the family. Congress has also affirmed as a State and national policy that courts shall preserve the solidarity of the family. In this connection, the spirit of Article 332 is to preserve family harmony and obviate scandal.] The view that relationship by affinity is not affected by the death of one of the parties to the marriage that created it is more in accord with family solidarity and harmony.
Fourth, the fundamental principle in applying and in interpreting criminal laws is to resolve all doubts in favor of the accused. In dubio pro reo. When in doubt, rule for the accused. This is in consonance with the constitutional guarantee that the accused shall be presumed innocent unless and until his guilt is established beyond reasonable doubt.]
Intimately related to the in dubio pro reo principle is the rule of lenity. The rule applies when the court is faced with two possible interpretations of a penal statute, one that is prejudicial to the accused and another that is favorable to him. The rule calls for the adoption of an interpretation which is more lenient to the accused.
Lenity becomes all the more appropriate when this case is viewed through the lens of the basic purpose of Article 332 of the Revised Penal Code to preserve family harmony by providing an absolutory cause. Since the goal of Article 332(1) is to benefit the accused, the Court should adopt an application or interpretation that is more favorable to the accused. In this case, that interpretation is the continuing affinity view.
Thus, for purposes of Article 332(1) of the Revised Penal Code, we hold that the relationship by affinity created between the surviving spouse and the blood relatives of the deceased spouse survives the death of either party to the marriage which created the affinity. (The same principle applies to the justifying circumstance of defense of one’s relatives under Article 11 of the Revised Penal Code, the mitigating circumstance of immediate vindication of grave offense “ committed against one’s relatives under Article 1 of the same Code and the absolutory cause of relationship in favor of accessories under Article 20 also of the same Code.)”[1] (citations omitted)
Scope of Article 332 of the Revised Penal Code.
“The absolutely 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 Sate 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.
However, the coverage of Article 332 is strictly limited to the felonies mentioned therein. The plain, categorical and unmistakable language of the provisions shows that it applies exclusively to the simple crimes of theft, swindling and malicious mischief. It does not apply where any of the crimes mentioned under Article 332 is complexed with another crime, such as theft through falsification or estafa through falsification.”[2]
[1] Intestate Estate of Gonzales vda. De Carungcong vs. People of the Philippines and Sato, G.R. No. 181409, February 11, 2010
[2] Intestate Estate of Gonzales vda. De Carungcong vs. People of the Philippines and Sato, G.R. No. 181409, February 11, 2010