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FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE of REPRESENTATIVES
House Bill No. __S580

Introduced by: MA. THERESA B. BONOAN-DAVID
4 District, City of Manila

EXPLANATORY NOTE

Article XV, Section 3{2) of the constitution provides that:

“The State shall defend the right of the children to
assistance, including proper care and nutrition and
special protection from all forms of neglect and abuse,
cruelty, exploitation, and other conditions prejudicial to
their development.”

On a certain study conducted by different agencies, it was found that a
major reason for the disruption of the normal lives of children is the indifference,
abuse, cruelty and exploitation by their own parents.

Consider the neglected and abuse children’s world now-they now lives in
a perilous environment, in poverty and neglect, enduring physical and moral
indifference, often subjected to abuse by the very symbols of protection and
security such as the authorities and their elders-all these they endure primarily
due to the neglect and abandonment by their own parents.

Congress must now therefore act to correct this untenable situation of our
children. Present laws must be strengthened and heavier penalties be imposed
on delinquent parents who have been remiss in their duties to their children.

This bill therefore seeks to strengthen our laws against delinquent parents
in order to make them applicable to certain situations which the drafters of the
Revised Penal Code did not anticipate in 1932.

In view of the urgent need to certify the laws against delinquent parents
and to better instill consciousness of their parental duties, passage of this bill is
earnestly urged.

MA. me castes BONOAN-DAVID
4th District, City of Manila


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE of REPRESENTATIVES
House Bill No._5580

Introduced by: MA. THERESA B. BONOAN-DAVID
4th District, City of Manila

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

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

Section 1. Article 276 of the Revised Penal Code, as amended, is hereby further
amended to read as follows.

“Art. 276. Abandoning a minor. - The penalty of arrest) mayor
and a fine of not less than’ten thousand pesos (P10,000.00)
but not more than fifteen thousand pesos (P15,000) shall be
impose upon anyone who shall abandon [a child under seven
years of age] AN UNEMANCIPATED MINOR, the custody of
which is incumbent upon him.
“THE PENALTY OF PRISION CORRECCIONAL IN ITS
MINIMUM PERIOD AND A FINE OF NOT LESS THAN
FIFTEEN THOUSAND PESOS (P15,000.00) BUT NOT MORE
THAN TWENTY THOUSAND PESOS (P20,000.00) SHALL BE
IMPOSED ON THE CULPRIT IF HE IS THE PARENT OF THE
UNEMANCIPATED MINOR.

“When the death of the UNEMANCIPATED minor shall result
from the abandonment, the culprit shall be punished by prision
correctional in its medium and maximum periods. [;]. IF THE
CULPRIT BE THE PARENT OF THE DECEASED, HE SHALL
BE PUNISHED BY PRISION CORRECCIONAL IN ITS
MEDIUM PERIOD TO PRISION MAYOR IN ITS MINIMUM
PERIOD [i]. [but] BUT if the life of the UNEMANCIPATED


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 UNEMANCIPATED MINOR, HE SHALL BE PUNISHED
BY PRISION CORRECCIONAL IN ITS MINIMUM AND
MEDIUM PERIODS.

“IN ADDITION, THE PARENTS OF THE UNEMANCIPATED
MINOR SHALL BE DEPRIVED OF THEIR PARENTAL
AUTHORITY, HEREDITARY RIGHTS AND CUSTODY OF
THE UNEMACIPATED CHILD.

“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 the Revised Penal Code, as amended, is hereby further
amended to read 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 ten thousand pesos (P10,000.00) but not
more than fifteen thousand pesos (P15,000.00) shall be imposed
upon anyone who, having charge of the rearing or education of
[a] AN UNEMANCIPATED 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 penalty 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 CONSTITUTION requires [and financial condition
permits.”

Section 3. There shall be incorporated after Article 278 (6) of the same Code a
new paragraph (6) to read as follows:

‘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 TEN THOUSAND PESOS (P10,000.00) BUT .
NOT MORE THAN FIFTEEN’ THOUSAND PESOS


(P15,000.00). THIS SHALL INCLUDE CASES WHICH HAVE
RESULTED FROM CULPABLE NEGLIGENCE OF THE
PARENT.

“IN THE CASE OF THE PARAGRAPH IMMEDIATELY
PRECEDING, THE DELIQUENT PARENT SHALL, IN
ADDITION TO THE PENALTY THAT WILL BE IMPOSE
UPON HIM, LOSE PARENTAL AUTHORITY, HEREDITARY
RIGHTS AND CUSTODY OF THE CHILD.”

Section 4. Effectivity Clause. - This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) newspapers of general.

APPROVED.