Obstruction of Apprehension and Prosecution of Criminal Offenders (Presidential Decree No. 1829)

Article 20 of the Revised Penal Code (RPC) enumerates the accessories who are exempt from criminal liability, particularly those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.However the aforesaid accessories who are exempted under Article 20 can still be held liable as principals for obstruction of justice under Presidential Decree (PD) No. 1829 or “Penalizing Obstruction Of Apprehension And Prosecution Of Criminal Offenders”.Section 1 of the PD No. 1829 provides for the acts that may be considered as obstruction of justice.

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Alburo Law
September 12, 2025

Article 20 of the Revised Penal Code (RPC) enumerates the accessories who are exempt from criminal liability, particularly those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.

However the aforesaid accessories who are exempted under Article 20 can still be held liable as principals for obstruction of justice under Presidential Decree (PD) No. 1829 or “Penalizing Obstruction Of Apprehension And Prosecution Of Criminal Offenders”.

Section 1 of the PD No. 1829 provides for the acts that may be considered as obstruction of justice.

The Supreme Court found two Shakey’s managers guilty of theft for withholding service charges from employees. The Court ruled that all five elements of theft were present: (1) there was a taking; (2) of property belonging to another; (3) done with intent to gain; (4) without the owner’s consent; and (5) without violence or force. The Court clarified that the crime was not qualified theft because the victims were fellow employees, not the employer; thus, there was no relationship of trust or confidence between them. Absent this qualifying element, petitioners were only convicted of theft in its simple form.

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