GRANDSON WHO STEALS FROM GRANDPA ONLY CIVILLY LIABLE

Dear PAO,

I am a retired Philippine veteran soldier having served the Philippine Air Force (PAF) for 36 straight years
prior to my retirement in 2016. After my retirement, I lived in my sons house together with his wife and
three children named Raul, Diego and Carlito (ages 28, 25 and 22 years) as I lost my wife a few years
ago. To ensure my financial security, I keep an open baul under my bed which contained P50,000.00
cash, and some prized possessions like a bullet, which was taken out of my shoulder after one dogfight
during my service in the PAF.
One day, I discovered that my baul was moved out of place under my bed and my P49,000.00 cash, plus
the bullet, was missing. I soon found out that my grandson Raul was the culprit because he lost in a
game of sports gambling and owed money to some bad persons. I demanded from him to return my
items but he does not want to pay me back. He also left the house already and never came back. Can I
file a case against my grandson?

Lt. Col. Jaime

Dear Lt. Col. Jaime,

First, we would like to thank you for your invaluable service to the Filipino nation through the Philippine
Air Force (PAF). We hope that through our legal advice, we can give you some recompense in return.

The crime committed by your grandson, Raul, is clearly the crime of theft. In the case of Kyle Anthony
Zabala vs. People of the Philippines (G.R. No. 210760, January 26, 2015,) penned by Associate Justice
Presbitero Velasco Jr., it was held that [t]he essential elements of theft are (1) the taking of personal
property; (2) the property belongs to another; (3) the taking away was done with intent of gain; (4) the
taking away was done without the consent of the owner; and (5) the taking away is accomplished
without violence or intimidation against persons or force upon things.

Indeed, when Raul took your items, which rightfully belonged to you, without your consent, his
intention was to gain from the items. Inevitably, the facts as you have narrated will indubitably show
that Raul committed the criminal case of theft against you.

Considering, however, that Raul is your grandson, Article 332 of the Revised Penal Code (RPC) provides
that Raul would be exempted from criminal liability, but not necessarily from civil liability, to wit:

Art. 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:

Spouses, ascendants and descendants, or relatives by affinity in the same line;

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

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. (Emphasis supplied)

Following the foregoing, the fact that Raul is your grandson means that he is your descendant and may
avail of this exemption provided under Article 332 of the RPC. This does not, however, mean that you no
longer have any recourse to recover your property as you may still pursue the civil liability aspect of the
crime against Raul, or to file an independent civil action to claim back your lost property.