Indifference of parents, A277 Revised Penal Code
1. Concept
Indifference of parents – under the Revised Penal Code, refers to the crime committed by parents who neglect their children by not giving them the education which their station in life requires and financial condition permits.
a. Legal basis
Art. 277. x x x Indifference of parents. – The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed x x x
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. (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
(4) Neglects the child by not giving him the education which the family’s station in life and financial conditions permit.
(P.D. 603, Child and Youth Welfare Code)
The “neglect of child” punished under Article 59(4) of PD 603 is also a crime (known as “indifference of parents”) penalized under the second paragraph of Article 277 of the Revised Penal Code.20 Hence, it is excluded from the coverage of RA 7610. (De Guzman v. Perez, G.R. No. 156013, July 25, 2006, Per Corona, 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 not giving children the education which their station in life requires and financial condition permits
a. Mode 1: By not giving education to children
Elements of the crime of indifference of parents:
1) That the offender is a parent; and
2) That the offender does not give his/her children the education which their station in life requires and financial condition permits. (REVISED PENAL CODE, Article 277)
Element 1: Parent
For the 1st element, the offender is a parent.
NB: The offender is specifically identified as a parent. Considering this is a crime, the word “parent” should be strictly construed to refer to biological and legally adoptive parents.
Element 2: Indifference to education of children
For the 2nd element, the offender does not give his/her children the education which their station in life requires and financial condition permits.
The provision does not specifically state what kind of education, whether it is formal (e.g. school) or informal (e.g. apprenticeship, trade, etc.), and to what extent, such as from primary, secondary, tertiary, or postgraduate.
However, considering that this provision applies to children, i.e. minors, the kind of education may be formal or informal and the extent of education is up to age of majority, i.e., at 18 years old.
Further, it should be noted that basic primary education is mandatory under Article XIV of the 1987 Constitution, to wit:
SECTION 2. The State shall:
x x x
(2) Establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age;
If the child is still a minor after completing basic primary education, then the parents still have the obligation to ensure that their children go through secondary education or high school.
Once the child becomes and adult at 18 years old, and under this provision, the parents are not criminally liable for not supporting the child’s educational goals, such as going to college or postgraduate study.
References
• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended
