Case Summary (G.R. No. 140667)
Issues on Affinity and Article 332
- Does the death of the spouse who created the affinity relationship dissolve the relationship by affinity between the surviving spouse and the deceased spouse’s blood relatives, thus removing the Article 332 exemption?
- Does Article 332’s absolutory cause for swindling extend to the complex crime of estafa through falsification of public documents?
Interpretation of Affinity under Article 332
Affinity is a fictive kinship created by marriage. Two jurisprudential views exist:
- Terminated Affinity: affinity ends with dissolution of the marriage by death or divorce, except if there is surviving issue who “carries the blood.”
- Continuing Affinity: affinity persists despite death of a spouse, regardless of issue.
The Court adopts the continuing affinity view as consistent with Article 332’s general language, its humanitarian purpose to preserve family harmony, and the public policy in the 1987 Constitution and Family Courts Act to strengthen family solidarity.
Constitutional and Statutory Mandates on Family Solidarity
The 1987 Constitution mandates protection and strengthening of family as basic social institution (Art. II, Sec. 12; Art. XV, Sec. 1). RA 8369 requires courts to preserve family solidarity. Article 332’s exemption is a legislative act of grace to avoid intra-family scandal.
Principle of Strict Construction in Criminal Law
Penal provisions must be strictly construed against the State and liberally for the accused. Doubts are resolved in favor of the accused (in dubio pro reo), consistent with the presumption of innocence. This principle further supports continuation of affinity after death.
Scope of Article 332 and Complex Crimes
Article 332 applies exclusively to the simple crimes of theft, swindling (estafa) and malicious mischief. It does not cover complex crimes wherein one component felony is “necessary means” for another. Estafa through falsification is a distinct complex crime under Article 48, not a simple estafa.
Nature of the Complex Crime of Estafa through Falsification
Under Article 48, a complex crime arises when one felony is committed as necessary means to commit another, resulting in a single criminal liability and single penalty. Estafa through falsification requires proof of both estafa (deceit causing prejudice) and falsificatio
...continue readingCase Syllabus (G.R. No. 140667)
Facts of the Case
- Mediatrix Mediatrix G. Carungcong, as administratrix of the intestate estate of her mother, Manolita Gonzales vda. de Carungcong, filed a complaint-affidavit for estafa against her brother-in-law, William Sato, a Japanese national.
- She alleged that on or about November 24, 1992, Sato obtained a Special Power of Attorney (SPA) from his blind, 79-year-old mother-in-law under the false pretense that it concerned her taxes.
- Using that SPA, Sato caused his daughter Wendy to sign three deeds of absolute sale disposing of four parcels of Tagaytay land and received actual proceeds of ₱22,034,000, far in excess of the ₱1,150,000 stated in the deeds.
- Despite repeated demands, Sato never accounted for or delivered the sale proceeds to Manolita, who died on June 8, 1994.
Procedural History
- The City Prosecutor dismissed the complaint on March 25, 1997; the Secretary of Justice reversed and directed filing of an Information for estafa under Article 315(3)(a) of the Revised Penal Code.
- In RTC Quezon City Branch 87, Sato moved to quash the Information, invoking the exemption from criminal liability under Article 332 (affinity) as his victim was his mother-in-law.
- The trial court granted the motion to quash (April 17, 2006); the prosecution’s motion for reconsideration was denied.
- The administratrix petitioned the Court of Appeals for certiorari; in CA-G.R. S.P. No. 95260 (Aug. 9, 2007), the appellate court affirmed dismissal, holding that the mother-in-law/son-in-law affinity survives the death of the intermediary spouse.
- This petition for review on certiorari followed.
Issues for Resolution
- Whether the death of the intermediary spouse dissolves the relationship by affinity between a surviving spouse and the blood relatives