Article 277. Abandonment of minor by person entrusted with his custody; Indifference of parents. - The penalty of arresto mayor and a fine not exceeding One hundred 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 penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life requires and financial condition permits.

ACTS PUNISHED:
1. By delivering a minor to a public institution or other persons w/o the consent of the one who entrusted such a minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities;

ELEMENTS:
a. Offender has charge of the rearing or education of a minor;
b. He delivers said minor to a public institution or other persons; and
c. That the one who entrusted such a child to the offender has not consented to such an act; or if the one who entrusted such a child to the offender is absent, the proper authorities have not consented to it.

2. By neglecting his children by not giving them the education that their station in life requires, and
financial condition permits;

ELEMENTS:
a. That the offender is a parent;
b. That he neglects his children by not giving them education; and
c. That his station in life requires such education, and his financial condition permits it.


Obligation to educate children terminates if the mother and children refuse without good reason to live with the accused.

Failure to give education must be due to the deliberate desire to evade such obligation.


Abandonment Of Minor By Person Entrusted With His Custody