Abandoning a minor, A276 Revised Penal Code

1. Concept

Abandoning a minor – refers to the crime of abandoning a child under seven (7) years of age, whose custody is incumbent upon the offender.

a. Legal basis

Art. 276. Abandoning a minor. - The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon anyone who shall abandon a child under seven (7) years of age, the custody of which is incumbent upon him.

When the death of the minor shall result from such abandonment, the culprit shall be punished by prisión correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prisión correccional in its minimum and medium periods.

The provisions contained in the two (2) preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense. (As amended by R.A. 10951)

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) By abandoning a child under seven (7) years of age, whose custody is incumbent upon the offender

a. Mode 1: Abandonment of a child under 7 years old

Elements of the crime of abandoning a minor:

1) The offender abandons a child under seven (7) years of age; and

2) The custody of which is incumbent upon him. (REVISED PENAL CODE, Article 276)

Element 1: Abandoning a child under 7 years old

For the 1st element, the offen...