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 offender abandons a child under seven (7) years of age.
The age of the child is critical to note for this offense. The child has to be under seven (7) years of age (6 years old, 5 years old, etc.) and thus exclude a 7-year-old child.
The fact of abandonment may be done in various ways, such as leaving the child in a house and never returning, taking the child to a public place and leaving, or leaving the child in the front steps of a church or a home.
Element 2: Custody on offender
For the 2nd element, the custody of the child must have been incumbent upon the offender.
That the offender was entrusted custody of the child is an important qualification. That custody may be given in several ways, such as being given the child for temporary safekeeping by the latter’s parents or being appointed as guardian by a court.
3. Things to note
The following are some additional things to note about this offense.
a. More serious offense
[Articles 275 and 276] shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense. (REVISED PENAL CODE, Paragraph 3, Article 276)
This may include reckless imprudence resulting in homicide.
4. Distinguish from other offenses
N/A
5. In relation to other offenses
N/A
6. Complex crime
N/A
7. Special complex crime
N/A
8. Procedural
N/A
References
• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended
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/Updated: August 21, 2023
