Child abandonment is a serious offense in the Philippines, viewed not just as a domestic issue but as a violation of a child's fundamental right to survival, protection, and development. The Philippine legal system provides a robust framework to address this, primarily through the Revised Penal Code, Republic Act No. 7610, and the Family Code.
I. Legal Definitions
In the Philippine context, abandonment occurs when a parent or guardian permanently or temporarily deserts a child, or fails to provide the necessary care, support, and supervision required for the child's well-being.
- Under the Revised Penal Code (Art. 276 & 277): Abandonment is categorized based on the age of the child and the intent of the perpetrator. It punishes anyone who abandons a child under seven years of age, or anyone who, having charge of the rearing and education of a minor, delivers said minor to a public institution or a third party without the consent of those who entrusted the child to them.
- Under Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act): This law defines abandonment as the "failure of the parent to provide for the child’s basic needs for a period of at least six (6) continuous months." This is often linked to the concept of neglect.
II. Qualifications and Elements of the Crime
For an act to be legally classified as child abandonment, certain elements must be present. These vary slightly depending on which specific law is being applied:
1. Abandonment of a Minor (Art. 276, RPC)
- The Victim: A child under seven (7) years of age.
- The Act: The perpetrator abandons the child.
- The Intent: The perpetrator has no intention of returning or resuming their duties. If the abandonment results in the death of the child or places their life in danger, the penalties are significantly increased.
2. Abandonment of a Minor by a Person Entrusted with Their Custody (Art. 277, RPC)
- The Perpetrator: Someone in charge of the child's rearing and education (not necessarily the biological parent).
- The Act: Delivering the minor to a public institution or a third person without proper authorization or the consent of the persons who entrusted the child to them.
3. Administrative Abandonment (RA 9523)
In cases of adoption and social welfare, a child is considered "legally abandoned" if:
- The parents or guardians have clearly manifested their intention to relinquish parental claims.
- The child has been left with a person or institution for at least six (6) months without any communication or financial support from the parents.
III. Criminal and Civil Penalties
The consequences of child abandonment in the Philippines range from imprisonment to the permanent loss of parental rights.
| Legal Basis | Potential Penalty |
|---|---|
| Revised Penal Code | Arresto mayor (1 month and 1 day to 6 months) to Prision correccional (6 months and 1 day to 6 years), depending on whether the child's life was endangered. |
| RA 7610 | Higher penalties including Prision mayor in its minimum period, especially if the neglect or abandonment constitutes child abuse. |
| The Family Code | Termination of Parental Authority. Under Article 231, the court may deprive parents of their authority if they abandon the child without justifiable cause for at least six months. |
IV. Determining "Justifiable Cause"
The law acknowledges that not every instance of physical separation is abandonment. For a charge to stick, the abandonment must be willful.
- Poverty is not an automatic excuse: While the State recognizes economic hardship, the total failure to communicate or seek assistance from government agencies (like the DSWD) for a period of six months can still lead to a declaration of abandonment.
- Temporary Separation: Overseas Filipino Workers (OFWs) or parents working in different provinces are not considered to have abandoned their children, provided they continue to provide support and maintain communication.
V. The Role of the DSWD
The Department of Social Welfare and Development (DSWD) is the primary agency responsible for children who have been abandoned.
- Protective Custody: Once a child is found abandoned, the DSWD or an accredited NGO takes the child into protective custody.
- Certification: The DSWD Secretary issues a certification declaring a child "Legally Available for Adoption" if the parents cannot be located after diligent efforts or if the abandonment is proven.
- Petition for Involuntary Commitment: The DSWD files a petition in court to permanently transfer the child's care to the State, which effectively severs the biological parents' rights.
VI. Summary of Key Thresholds
- Six (6) Months: The standard duration of neglect or lack of communication required to qualify as abandonment under RA 7610 and for the purpose of adoption.
- Seven (7) Years Old: The age threshold under the Revised Penal Code where the act of abandoning a child is specifically criminalized regardless of the duration.