Dear PAO,
Can I file a complaint for theft against my brother and have him imprisoned for stealing my laptop? I left it on my desk and when I woke up the following morning, it’s already gone.

Both my younger sister and our maid saw that it’s my brother who took it. Unfortunately, stealing our properties has become his habit to finance his vices.
VB

Dear VB,
Article 308 of the Revised Penal Code defines theft as the act of any person who, with intent to gain but without violence against, or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. It is likewise committed by: 1) any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2) any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or objects of the damage caused by him; and 3) any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals or other forest or farm products.

The act of your brother in stealing your laptop when you left it on your desk is considered as theft for having satisfied the following elements: 1) the laptop that was stolen is personal property; 2) the laptop belongs to you; 3) it was taken away with intent to gain; 4) the taking away was done without your consent; and 5) the taking away is accomplished without violence or intimidation against persons or force upon things (Leonor Boado, Notes and Cases on the Revised Penal Code (2nd Edition), page 647). However, since the person you are accusing of stealing your laptop is your brother, you may not criminally hold him liable for the same if he is living with you in the same house. Article 332 of the Revised Penal Code provides:

“Article 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:

Xxx

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established in this article shall not be applicable to strangers participating in the commission of the crime.”

Hence, if you and your brother are still living in the same house, he may not be imprisoned for stealing your laptop as his liability will be civil only. On the other hand, if he is already living in another house when the unlawful taking happened, he may be criminally held liable and imprisoned for his act.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.