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Abandonment of minor by person entrusted with his custody, A277 Revised Penal Code

1. Concept

Abandonment of minor by person entrusted with his custody – refers to the crime committed by those who have been given the charge over the rearing or education of a minor and they deliver said minor to a public institution or other persons without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities.  

a. Legal basis

Art. 277. Abandonment of minor by person entrusted with his custody x x x – The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon anyone who, having charge off the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities. x x x (As amended by R.A. 10951)

(Revised Penal Code)

b. P.D. 603

Art. 59. Crimes. – Criminal liability shall attach to any parent who:
x x x
(2) Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.
x x x
(4) Neglects the child by not giving him the education which the family’s station in life and financial conditions permit.
(5) Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.

(P.D. 603, Child and Youth Welfare Code)

Article 277 of the Revised Penal Code is a (possible) counterpart to the above provisions under P.D. 603. (See: San Juan v. People, En Banc, G.R. No. 236628, January 17, 2023, Per Lopez, J., J.)

See related:

P.D. 603: The Child and Youth Welfare Code

2. Modes of commission

The following are the modes of committing the offense:

1) By anyone who, having charge off the rearing or education of a minor, delivers a minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities.

a. Mode 1: Delivery of a minor to a public institution or persons

Elements of the crime of abandonment of minor by person entrusted with his custody:

1) That the offender has charge over the rearing or education of a minor;

2) That the offender delivers said minor to a public institution or other persons;

3) That it is done without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities.  (REVISED PENAL CODE, Article 277)

Element 1: Charged over the rearing or education of a minor

For the 1st element, the offender has charge over the rearing or education of a minor.

NB: The offender is specifically identified as one who has been given charge over the rearing or education of a minor. Considering that this offense may be committed without the consent of the who entrusted such child, which includes the parents and/or a court, the offenders may be anyone else other than the parents: Provided, these offenders were given such responsibility.

Element 2: Delivery to a public institution or other persons

For the 2nd element, the offender delivers said minor to a public institution or other persons.

Public institutions – refer to public or Government-owned or -run organizations, corporations, or entities.

The “other persons” – refer to any individual, whether a public official/employee or a private person.

Element 3: Without consent

For the 3rd element, it is done without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities.

References

Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended

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