Text of the provision
Art. 276. Abandoning a minor. - The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon anyone who shall abandon a child under seven
(7) years of age, the custody of which is incumbent upon him. When the death of the minor shall result from such abandonment, the culprit shall be punished by prisión correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prisión correccional in its minimum and medium periods. The provisions contained in the two
(2) preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense.
Revised Penal Code of the Philippines, Act No. 3815, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
Arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) are imposed on anyone who abandons a child under seven (7) years of age whose custody is his duty. If the minor dies from the abandonment the penalty is prisión correccional in its medium and maximum periods; if the minor's life was only endangered, prisión correccional in its minimum and medium periods. These do not bar the penalty for the act committed when it amounts to a more serious offense.
Questions about this provision
- Is leaving a small child alone a crime, and up to what age does the rule reach?
- The abandoned child was put in danger or died — how much heavier is the offense?
Related provisions
- Article 273 — Exploitation Of Child Labor.
- Article 277 — Abandonment Of Minor By Custodian.
Penalty amounts. The text above is the article as amended by Republic Act No. 10951 (2017), which revised the property values and fines throughout this Code. Older reproductions of the Revised Penal Code still print the 1930 amounts — for theft and estafa they show 12,000 and 22,000 pesos where the current figures run to millions. Check which version any source you rely on is giving you.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.