1. Concept and legal basis
| Art. 276. Abandoning a minor. – The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) 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. (Act 3815, Revised Penal Code, as amended by R.A. 10951) |
2. Elements of the offense
Elements of the offense:
1) The offender abandons a child under seven (7) years of age; and,
2) The custody of which is incumbent upon him. (Article 276, Ibid.)
IF IT CONSTITUTES A MORE SERIOUS OFFENSE: The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense. (Paragraph 3, Article 276, Ibid.)
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
