Inducing a minor to abandon his home, A271 Revised Penal Code
Inducing a minor to abandon his home – refers to the offense of inducing minors to abandon the home of their parents or guardians or the persons entrusted with their custody.
1. Concept
Inducing a minor to abandon his home – refers to the offense of inducing minors to abandon the home of their parents or guardians or the persons entrusted with their custody.
a. Legal basis
Art. 271. Inducing a minor to abandon his home. – The penalty of prisión correccional and a fine not exceeding One hundred thousand pesos (Php100,000) shall be imposed upon anyone who shall induce a minor to abandon the home of his parents or guardians or the persons entrusted with his custody.
If the person committing any of the crimes covered by the two (2) preceding articles shall be the father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding Forty thousand pesos (P40,000), or both. (As amended by R.A. 10951)
(Revised Penal Code)
2. Modes of commission
The following are the modes of committing the offense:
1) By inducing minors to abandon the home of their parents or guardians or the persons entrusted with their custody
a. Mode 1: Inducing to abandon home
Elements of the crime of inducing a minor to abandon his home:
1) The offender induces a minor; and
2) The inducement is to abandon the home of his parent or guardians or the persons entrusted with his custody. (REVISED PENAL CODE, Article 271)
Element 1: Inducing a minor
For the 1st element, the offender induces a minor.
The provision expressly refers to a minor. The law did not explicitly included adults who have a mental age of a minor or those who are deaf-mutes, as the latter are often grouped in other laws.
Considering the provision is a Criminal Law, it should be strictly interpreted against the State and liberally in favor of the accused. Thus, it is submitted that the offended party herein is limited to a minor.
Element 2: To abandon home
For the 2nd element, the inducement is for the minors to abandon the home of their parents or guardians, or the persons entrusted with their custody.
The provision clearly limits and specifically describes what kind of home is applicable. Thus, the provision will not apply if the minors are living in a house that is not of their parents, guardians, or the persons entrusted with their custody. For example, runaway minors may choose to live in the house of their friends for the time being. If the offender knew the minors and attempted to convince them to leave the house of their friends to go back home, then there is no offense of inducing a minor to abandon home in such a situation.
3. Things to note
N/A
4. Distinguish from other offenses
N/A
4A. In relation to other offenses
N/A
5. Complex crime
N/A
5A. Special complex crime
N/A
6. Procedural
N/A
References
• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended
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/Updated: August 20, 2023
