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Article 276. Abandoning a minor. - The penalty of arresto mayor and a fine not exceeding one hundred thousand pesos (P100,000) shall be imposed upon anyone who shall abandon a child under seven (7) years of age, the custody of which is incumbent upon him.

When the death of the minor shall result from such abandonment, the culprit shall be punished by prision correccional in its medium and maximum periods; 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.

The provisions contained in the two (2) preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense.

ELEMENTS:
1. That the offender has the custody of a child;
2. That the child is under 7 years of age;
3. That he abandons such a child; and
4. That he has no intent to kill the child when the latter is abandoned.


Abandonment must be conscious, deliberate, and permanent.

Qualifying circumstances:
a. Death of the minor; or
b. Life was in danger because of the abandonment.

Parent guilty of abandoning their children shall be deprived of parental authority.

The purpose in abandoning the minor under his custody is to avoid the obligation of taking care of said minor.

Intent to kill cannot be presumed from the death of the child. The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against persons, and not to crimes against security, particularly the crime of abandoning a minor under
Art. 276.