1. Concept and legal basis
| Art. 278. Exploitation of minors. – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon: |
| 1. Any person who shall cause any boy or girl under sixteen (16) years of age to perform any dangerous feat of balancing, physical strength, or contortion. |
| 2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen (16) years of age who are not his children or descendants. |
| 3. Any person engaged in any of the callings enumerated in the next preceding paragraph who shall employ any descendant of his under twelve years (12) years of age in such dangerous exhibitions. |
| 4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen (16) Years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar. |
| If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period. |
| In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority. |
| 5. Any person who shall induce any child under sixteen (16) years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar. (Act 3815, Revised Penal Code, as amended by R.A. 10951) |
2. Elements of the offense
a. 1st Mode
Elements of the offense:
1) The offender causes any boy or girl under 16 years of age; to perform any dangerous feat of balancing, physical strength, or contortion. (Article 277, Ibid.)
b. 2nd Mode
Elements of the offense:
1) The offender is an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling; and,
2) He employs in exhibitions of these kinds children under sixteen years of age who are not his children or descendants. (Ibid.)
c. 3rd Mode
Elements of the offense:
1) The offender is engaged in any of the callings enumerated in the next paragraph preceding; and,
2) He employs any descendant of his under twelve years of age in such dangerous exhibitions. (Ibid.)
d. 4th Mode
Elements of the offense:
1) The offender is an ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age; and,
2) He delivers such child gratuitously to any person following any of the callings enumerated in the 2nd Mode, or to any habitual vagrant or beggar. (Ibid.)
e. 5th Mode
Elements of the offense:
1) The offender induces any child under sixteen years of age to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in the 2nd Mode, or to accompany any habitual vagrant or beggar. (Ibid.)
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
