FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )}

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1058
House Bill No.

EXPLANATORY NOTE

This bill seeks to impose stiffer penalties against delinquent parents to minimize
if not totally eliminate the cases of neglected and abused children in this country

Parents have the natural right and duty over the upbringing of their children.
Under the Family Code, parental authority and responsibility includes the caring for and
rearing of such children for civic consciousness and efficiency and the development of
their moral, mental and physical character and well-being. Parental authority and
Tesponsibility, under our laws, cannot be renounced or transferred, except in cases
authorized by law. Under the same law, parents and those exercising parental authority
shall have the following rights and duties:

To keep them in their company, to support, educate and instruct them by right
precept and good example, and to provide for their upbringing in keeping with
their means;

. To give them love and affection, advice and counsel, companionship and

understanding:

. To provide them with moral and spiritual guidance, inculcate in them honesty,

integrity, self-discipline, self-reliance, industry and thrift, stimulate their
interest in civic affairs, and inspire in them compliance with the duties of
citizenship

|. To enhance, protect, preserve and maintain their physical and mental health

at all times;

- To furnish them with good and wholesome educational materials, supervise

their activities, recreation and association with others, protect them from bad
company, and preserve them from acquiring habits detrimental to their health,
studies and morals

To represent them in all matters affecting their interests

. To impose discipline on them as may be required under the circumstances;

and

. To perform such other duties as are imposed by law upon parents and

guardians


Given the crucial role that parents have in the upbringing of a child, it is
considered a criminal act for a person entrusted with the custody of a minor to abandon
him or her and for parents to neglect their children by not giving them the education
which their station in life require. However, the law has not been effective in ensuring
that parents are not remiss with their responsibilities. Reflective of this is the high
number of children abandoned in the streets or are left to tend for themselves

This bill provides stiffer penalties for the delinquent parents by imposing longer
years of imprisonment and higher amount of fines than what is presently provided under
the Revised Penal Code.

In view the foregoing, the immediate passage of this bill is earnestly requested.

RUFUS B. ROPRIGUEZ

7

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1056

House Bill No.

AN ACT
TO STRENGTHEN THE PENAL PROVISIONS WITH RESPECT TO DELINQUENT
PARENTS, AMENDING FOR THE PURPOSE ARTICLE 276, 277, AND 278 OF THE
REVISED PENAL CODE, AS AMENDED

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Article 276 of Act No. 3815, as amended, is hereby amended as follows:

“ART. 276. Abandoning a minor. — The penalty of arresto mayor and a fine of
at least ten thousand pesos (P10,000.00) but not more than fifteen thousand
pesos (P15,000.00) shall be imposed to anyone who shall abandon a [child
under seven years of age] MINOR, the custody of which is incumbent upon
him.

THE PENALTY OF PRISION CORRECCIONAL IN ITS MINIMUM PERIOD
AND A FINE OF AT LEAST FIFTY THOUSAND PESOS (50,000 Php) BUT
NOT MORE THAN ONE HUNDRED THOUSAND PESOS (100,000 Php)
SHALL BE IMPOSED IF THE PERSON CONVICTED OF THE PENALTY
UNDER THIS ACT IS THE PARENT OF THE MINOR.

When the death of the minor shall result from the abandonment, the culprit shall
be punished by prision correccional in its medium and maximum periods]. IF
THE CULPRIT BE THE PARENT OF THE DECEASED, HE OR SHE SHALL
BE PUNISHED BY PRISION CORRECCIONAL IN ITS MEDIUM PERIOD TO
PRISION MAYOR IN ITS MINIMUM PERIOD [.].[b]But if the life of the minor
shall have been in danger only, the penalty shall be prision correccional in its
minimum and medium periods. IN THE LATTER CASE, IF THE CULPRIT BE
THE PARENT OF THE MINOR, HE OR SHE SHALL BE PUNISHED BY
PRISION CORRECCIONAL IN ITS MEDIUM AND MAXIMUM PERIODS.


IN ADDITION, THE PARENT OF THE MINOR SHALL BE DEPRIVED OF
THEIR PARENTAL AUTHORITY, HEREDITARY RIGHTS AND CUSTODY
OVER THE MINOR.

The provisions contained in [the two preceding paragraphs] THIS ARTICLE
shall not prevent the imposition of the penalty provided for the act committed,
when the same shall constitute a more serious offense.“

SECTION 2. Article 277 of Act No. 3815, as amended, is hereby amended as follows:

“ART. 277. Abandonment of minor by person entrusted with his custody;
indifference of parents. — The penalty of arresto mayor and a fine of at least
FIFTY [ten] thousand pesos [(P10,000.00)] (50,000 Php) but not more than
ONE HUNDRED [fifteen] thousand pesos (100,000 Php) 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.

The same shall be imposed upon the parents who shall neglect their children
OF SCHOOL AGE by not giving them the COMPULSORY ELEMENTARY
education which [their station in life] THE PHILIPPINE CONSTITUTION
requires [and financial condition permits].”

SECTION 3. Article 278 of the same Code is hereby amended to read as follows:

“ART. 278. Exploitation of minors. - The penalty of prision correccional in
its minimum and medium periods and a fine not exceeding [500] ONE
HUNDRED THOUSAND pesos shall be imposed upon

1K

6. ANY PARENT WHO SHALL GIVE HIS UNEMANCIPATED CHILD
CORRUPTING ORDERS, COUNSELS OR EXAMPLE SHALL BE
PUNISHED BY ARRESTO MAYOR IN ITS MAXIMUM PERIOD AND A
FINE OF AT LEAST FIFTY THOUSAND PESOS (50,000 Php) BUT NOT
MORE THAN ONE HUNDRED THOUSAND PESOS (100,000 Php).
THIS SHALL INCLUDE CASES WHICH HAVE RESULTED FROM
CULPABLE NEGLIGENCE OF THE PARENT.”

SECTION 4. Separability Clause. - If any provision of this Act is declared invalid, the

remainder of this Act or any provision not affected thereby shall remain in force and
effect,


SECTION 5. Repealing Clause. - All laws, presidential decrees, executive orders and
their implementing rules, inconsistent with the provisions of this act are hereby
repealed, amended or modified accordingly.

SECTION 6. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

Approved