1. Concept and legal basis
| Art. 277. Abandonment of minor by person entrusted with his custody; Indifference of parents. – 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. |
| The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life requires and financial condition permits. (Act 3815, Revised Penal Code, as amended by R.A. 10951) |
2. Elements of the offense
Elements of the offense:
1) The offender has charge of the rearing or education of a minor;
2) He delivers said minor to a public institution or other persons;
3) He commits such acts: (a) without the consent of the one who entrusted such child to his care; or, (b) in the absence of the latter, without the consent of the proper authorities. (Article 277, Ibid.)
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
