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Abandonment of one’s own victim, Revised Penal Code

1. Concept and legal basis

Article 275. Abandonment of person in danger and abandonment of one’s own victim. – The penalty of arresto mayor shall be imposed upon:1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense.2. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.3. Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place. (Act 3815, Revised Penal Code)

2. Elements of the offense

a. 1st Mode

Elements of the offense:

1) The offender fails to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying; and,

2) He can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense. (Article 275, Ibid.)

b. 2nd Mode

Elements of the offense:

1) The offender fails to help or render assistance to another whom he has accidentally wounded or injured. (Ibid.)

c. 3rd Mode

Elements of the offense:

1) The offender found an abandoned child under seven years of age;

2) He: (a) fails to deliver said child to the authorities or to his family; or, (b) fails to take him to a sa...

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