FIFTEENTH CONGRESSOFTHE —) ©
REPUBLIC OF THE PHILIPPINES _)
Second Regular Session )

HB.

INTRODUCED BY REPRESENTATIVE MARIA EVITA R. ARAGO.

EXPLANATORY NOTE

+ _ The Filipino family is the core group that weaves and holds our values and society
together. Our strong family ties predominantly define us and our mutual affection for
children is borne out of our natural instinct to protect the young and the helpless.
Parents and the individuals exercising parental authority are entrusted with the
responsibility of supporting, educating, guiding and protecting the children in their care.
It is therefore a great abhorrence when individuals, especially the parents, entrusted
with the care of children, should neglect, abandon or cause the exploitation of these
children.

This bill seeks to impose lengthier period of imprisonment and an increase in the
amount of fines arising from the neglect in the care of children to be imposed against
delinquent parents. It is hoped that the passage of this'bill into law will make parents
who shirk in their responsibilities in the care of their children be suitably penalized. It
is likewise hoped that the passage of this bill will result in the lessened number of cases
of neglected and abandoned children in our country.

In view of the foregoing, the immediate passage of this bill is sate sought.



Fifteenth Congress )
Republic of the Philippines)
Second Regular Session)

House of Representatives

HB. No. 5€06

Introduced by Representative Maria Evita R. Arago

AN ACT
TO STRENGTHEN THE PENAL PROVISIONS WITH RESPECT TO
DELINQUENT PARENTS, AMENDING FOR THE PURPOSE ARTICLES
276, 277, AND 278 OF ACT NO. 3815 OTHERWISE KNOWN AS 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:

“Article 276. Abandoning a minor. — The penalty of arresto mayor and a
fine of at least Ten Thousand Pesos (P10,000) but not more than Fifteen
‘Thousand Pesos (Pis,000) shall be, imposed to anyone who shall abandon a [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
(P50,000) BUT NOT MORE THAN ONE HUNDRED THOUSAND
PESOS (P100,000) 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 correctional in its medium and maximum
periods[;]. IF THE CULPRIT IS 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
[3]. [b]But if the life of the minor shall have been in danger only, the penalty shall
n correccional in its minimum and medium periods. IN THE LATTER
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 227 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 arrest mayor and a fine of at least
FIFTY [ten] thousand pesos [(P10,000)] (P50,000) but not more than ONE.
HUNDRED [Fifteen] thousand pesos (P100,000) 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 samie 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 (P100,000) shall be imposed upon:

xxx . é

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 (P50,000.00) BUT
NOT MORE THAN ONE HUNDRED THOUSAND PESOS (P100,000).
THIS SHALL INCLUDE CASES' WHICH HAVE RESULTED FROM
CULPABLE NEGLIGENCE OF THE PARENT.”

SECTION 4. Separability Clause. - If for any reason any sectioh or provision of
this Act is declared unconstitutional, other provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SECTION 5. Repealing Clause. - Any laws, decrees, or rules and regulations which are
inconsistent with or contrary to the provisions of this Act are hereby amended or
repealed,

SECTION 6. Effectivity Clause. ~ This Act shall take effect upon its publication in at
least two (2) national newspapers of general circulation.

Approved,