THEFT COMPLAINT AGAINST A RELATIVE (Philippine Legal Context)
This article is for general information only and is not a substitute for individualized legal advice. Statutes cited are from the Revised Penal Code (RPC) and related laws in force as of 15 May 2025.
1. Governing Law and Key Concepts
| Topic | Core Legal Text |
|---|---|
| Simple Theft | Article 308 RPC – “Taking of personal property belonging to another, without violence or intimidation, and without the owner’s consent, with intent to gain.” |
| Qualified Theft | Article 310 RPC – Theft attended by any qualifying circumstance (e.g., committed by a domestic servant; with grave abuse of confidence; property is motor vehicle, mail matter, large cattle, etc.). Penalty: two degrees higher than that for simple theft. |
| Exemption Among Relatives | Article 332 RPC – No criminal but only civil liability for theft, swindling (estafa) or malicious mischief committed: 1) by spouses, ascendants, descendants, or relatives by affinity in the same line; 2) between parents-in-law and children-in-law; 3) between widowed spouse and her/his children with respect to property of the deceased; 4) between brothers- and sisters-in-law if they are living together. |
| Barangay Conciliation | Republic Act 7160, ch. VII (Katarungang Pambarangay) – Parties residing in the same barangay must undergo mediation for offenses punishable by ≤ 6 years, unless covered by exemptions (e.g., offences against the State, or parties reside in different cities/municipalities). |
| Prescriptive Period | Articles 90-91 RPC – Theft prescribes in 10 years if the penalty is afflictive, 5 years if correctional, and 1 year if arresto menor; the period depends on the value of the property (see Art. 309 graduated penalties). The period is interrupted by filing of the complaint. |
2. Who Can and Cannot Be Prosecuted
Absolutely exempt under Art. 332
- Spouse v. spouse, parent v. child, grandparent v. grandchild, etc.
- Affines in the same line (e.g., daughter-in-law ↔ mother-in-law).
- Widowed spouse ↔ common children, over estate property.
- Brothers- and sisters-in-law living together. Effect: Criminal case is barred; only civil action for recovery or damages may be pursued.
Relatives not covered
- Siblings not living together, cousins, uncles/aunts, nieces/nephews, step-siblings, in-laws not in same line, etc.
- These can be prosecuted for theft; relationship merely affects penalty if it constitutes qualified theft (grave abuse of confidence).
Domestic servants and caregivers – Even if “treated like family,” they are not covered by Art. 332; theft is qualified (higher penalty).
3. Elements You Must Prove
To secure conviction you must establish all the following beyond reasonable doubt:
- Personal property – Movable, with some value.
- Belongs to another – Complainant must prove ownership or lawful possession.
- Taking (apoderamiento) – Physical taking, or constructive taking (e.g., putting cash in one’s pocket).
- Without consent – Lack of permission at the moment of taking. Subsequent refusal to return is circumstantial but not conclusive.
- Intent to gain (animus lucrandi) – Presumed from unlawful taking; can be rebutted (e.g., honest belief of ownership).
Practice tip: Courts often require credible valuation (receipts, appraisal, sworn statement) to fix the proper penalty.
4. Step-by-Step Procedure to File a Complaint
A. Preparation
Gather Evidence
- Receipts, photos/videos, CCTV, messages admitting the taking.
- Proof of ownership: deed of sale, delivery receipt, inventory, testimony.
- Valuation of property (current market price).
Draft a Complaint-Affidavit
- Narrate facts chronologically.
- Identify witnesses and attach their sworn statements.
- Include supporting documents as annexes, duly marked.
Check Art. 332 Relationship
- If parties fall within the exempt classes, criminal complaint will be dismissed; consider civil action instead.
B. Barangay Katarungang Pambarangay (If Required)
| Condition | HR |
|---|---|
| Both parties reside in same barangay or in adjacent barangays in same city/municipality | Must file with Lupon Tagapamayapa if penalty ≤ 6 years (approx. value ≤ PHP 20,000 under Art. 309 par 3). |
| Any exemption applies (e.g., accused is detained, parties in different localities, one party a public official in line of duty, etc.) | May go directly to police/prosecutor. |
A Certificate to File Action issued by the Punong Barangay or Pangkat Secretary is a jurisdictional requirement for the prosecutor if conciliation fails or is waived.
C. Police Report (Optional but Helpful)
- Visit nearest PNP station; execute Incident Report or Blotter.
- Police may assist in recovery of property or conduct inquest if accused is arrested in flagrante.
D. Filing with the Office of the City/Provincial Prosecutor
Submit:
- Complaint-Affidavit + Annexes
- Barangay certificate (if applicable)
- Identification documents
Pay filing fee (minimal, set by DOJ circular).
Responsive pleadings: Prosecutor issues Subpoena; respondent files Counter-Affidavit.
Clarificatory hearing (discretionary).
Resolution:
- Probable cause found → Information filed in court.
- Dismissed → Motion for reconsideration within 15 days.
- Referred to civil action if Art. 332 applies.
E. Court Proceedings
- Arrest warrant (or summons for bailable offenses) issued by trial court.
- Arraignment → Pre-trial → Trial → Decision.
- Bail: Amount follows DOJ bail guidelines; qualified theft often non-bailable if value ≥ PHP 1,000,000 or property is motor vehicle/large cattle.
5. Penalties and Civil Liability
A. Scale of Penalties (Art. 309) – Simple Theft
| Value of Property (PHP) | Penalty |
|---|---|
| ≤ 5,000 | Arresto mayor (1 mo 1 day – 6 mos) & fine ≤ value. |
| > 5,000 – < 20,000 | Prisión correccional (6 mos 1 day – 6 yrs). |
| ≥ 20,000 but < 600,000 | Prisión mayor (6 yrs 1 day – 12 yrs). |
| ≥ 600,000 but ≤ 1,200,000 | Prisión mayor in max to reclusión temporal in min. |
| > 1,200,000 | Reclusión temporal (12 yrs 1 day – 20 yrs). |
B. Qualified Theft
Penalty is 2 degrees higher than that in Article 309 for the same amount. For instance, theft of PHP 25,000 (prisión mayor min) becomes reclusión temporal min.
C. Civil Remedies
- Restitution or reparation of property/value + interest.
- May be claimed in the same criminal action (ex delicto) or in a separate civil case if complained of relative is exempt from criminal prosecution under Art. 332.
6. Common Defenses by Accused Relatives
- Art. 332 relationship – Absolute bar to criminal action.
- Ownership or co-ownership – Property belonged to accused.
- Lack of intent to gain – Taking for safekeeping; intent to return.
- Good faith or mistake of fact – Belief in authority or consent.
- Frame-up / fabricated evidence – Particularly when property allegedly “disappeared” inside family home.
7. Notable Supreme Court Decisions
| Case | G.R. No. / Date | Key Doctrine |
|---|---|---|
| People v. Dizon | L-29365, 30 Jan 1971 | Art. 332 bar applies only to theft, swindling, malicious mischief; not to robbery. |
| People v. Domingo | G.R. 118111, 06 Aug 1997 | Qualified theft by housemaid; relationship of “family employee” not within Art. 332. |
| Cruz v. People | G.R. 187266, 11 Apr 2018 | To invoke Art. 332, accused bears burden of proving qualifying relationship. |
| Peñaflorida v. People | G.R. 233687, 04 Feb 2019 | Subsequent return of property does not extinguish criminal liability once elements concur. |
8. Practical Checklist for Complainants
- Confirm relationship – Does Art. 332 bar criminal action?
- Secure proof of ownership and valuation.
- Observe barangay conciliation rules if value ≤ PHP 20,000 and parties reside in same locality.
- Execute detailed Complaint-Affidavit; attach evidence.
- File promptly – Beat the prescriptive period (count from date of discovery).
- Prepare for mediation or settlement – Courts encourage restitution and compromise, particularly among relatives.
9. Alternatives When Criminal Action Is Barred
- Civil action for recovery of possession or sum of money (Art. 1157 Civil Code).
- Action for accounting or partition if property is part of inheritance or partnership.
- Protection orders under R.A. 9262 (V.A.W.C.) if taking is part of economic abuse by a spouse or partner.
- Barangay protection order for immediate relief.
10. Summary
A theft complaint against a relative in the Philippines is procedurally the same as any theft case unless the parties fall within the special circle defined by Article 332 of the Revised Penal Code. Within that circle, the State refuses to intervene criminally, reflecting the public policy of preserving family harmony; only civil liability survives.
When the exemption does not apply, the complainant must:
- Validate the relationship and the value of the stolen property.
- Observe barangay conciliation where required.
- Present clear evidence of unlawful taking and intent to gain.
- Persist through preliminary investigation and trial, mindful of prescriptive periods and possible defenses.
Ultimately, sound documentation, prompt action, and an understanding of family-specific rules make the difference between a dismissed complaint and a successful recovery—whether through criminal conviction or civil restitution.