Short answer. Handing over a minor in your charge to a public institution or to other people, without the consent of whoever entrusted the child to you or of the proper authorities, is a crime under Article 277 of the Revised Penal Code. The same penalty falls on parents who neglect to give their children the education their means allow.

What the law says

shall be imposed upon anyone who, having charge of 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

Revised Penal Code, Article 277 — Abandonment Of Minor By Custodian. Read the full provision →

What the article actually punishes

The offence is not simply walking away. It is the act of a person who has charge of the rearing or education of a minor and passes that child on — to an institution or to other persons — without the consent of the one who entrusted the child to them. If that person cannot be reached, the consent of the proper authorities is required instead. So the wrong is the unauthorised transfer of custody: a guardian, relative, boarding house keeper or school official who offloads a child on their own initiative, rather than one who returns the child to whoever handed them over.

The second paragraph reaches parents

The same penalty applies to parents who neglect their children by failing to give them the education their station in life requires and their financial condition permits. The measure is deliberately relative: what is expected is judged against what the family can actually afford, not against an absolute standard.

That paragraph reflects an older statute and is rarely the whole answer today. Educational neglect is now addressed mainly through family law remedies and through the special child-protection statutes, in particular Republic Act No. 7610, which carries heavier penalties for child abuse, neglect and exploitation.

Penalties, and where to go first

The penalty here is arresto mayor together with a fine, and the fine figure comes from Republic Act No. 10951 (2017), which revised the money amounts throughout the Revised Penal Code. Older reprints still show the 1930 amounts.

If a child you are responsible for has been handed to strangers or an institution without your consent, the criminal charge is seldom the fastest route to getting them back. Report the matter to the barangay and the local social welfare office, and take advice on a custody or habeas corpus petition, which is the remedy that actually restores possession of the child while any criminal case runs its separate course.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.