Crimes Against Security

A. Crimes Involving Abandonment of Persons

1. Abandonment of Persons in Danger (Art. 275)

2.     Abandonment of One’s Own Victim (Art. 275)

3.     Abandonment of Minors

a). By one with temporary custody ( Art. 276).

b). By one entrusted with the education or care (Art. 277)

c). Indifference of Parents

 

B. Abandonment of Persons (Art. 275)

 

1. Of Persons Found in Danger:

 

a). The crime committed by a person who fails to render assistance to one he finds in an uninhabited place who is  wounded or in danger of dying provided he can render assistance with out detriment to himself

b). This is a crime by omission but there are two legal excuses or justifications which maybe defenses:

(i).  The place must be an “Uninhabited place” which  refers to places where there is remote possibility of the wounded or dying person receiving help form anyone. Hence one who fails to help a wounded person in the market alley is not liable.

(ii) The accused himself would be placed in an equal or more serious danger if he renders assistance

 

2. Of one’s own victim in an accident

 

a).  The term “accident” is that which constitute the exempting  circumstance of accident under Par. 4 of Article 12 and not to those arising from  negligence or imprudence.

b). Thus if one runs over a person because of loose break and he abandons his victim, the abandonment is absorbed in the crime of reckless imprudence resulting in homicide. But if a hunter tripped in a forest causing his gun to fire and his companion is hit and he abandons the wounded man, the hunter is liable for abandonment. 

 

3. Failure to deliver to the authorities or to the family, or failure to bring to a safe place, an abandoned child  under 7 years

 

C. Abandonment of Minors

 

1.     By one with custody  of a child below 7 years of age but without intent to kill (Art. 276)

a). Example: The housemaid brought the child to a park but left him there to go window shopping

b). The crime is qualified if the minor died as a result or the child was in danger of dying when abandoned, like abandoning him on a busy street

 

 2. By a person entrusted with the education or /rearing care (Art. 277)

a).  The offense is committee by delivering the minor to a public institution or to another person, without the consent of the parent’s of the minor, or proper authorities.

b). The purpose is to evade the responsibility of rearing the minor or educating him

c). Example: The uncle to whom the child was left by the parents brings the child to a foster home

    

3. Indifference of parents- the crime by a parent who neglects his children by not giving them the education which his financial condition permits

a). The liability of a parent does not depend on whether the other parent is also guilty of neglect. The irresponsible parent cannot exculpate himself from the consequences of his neglect by invoking the other parent’s faithful compliance with his/her parental duties

b). The charge cannot however be made in relation to section 10 (a) of R.A. 7610 (i.e. Child Abuse) ( De Guzman vs. Perez 496 SCRA 474)

 

Note: Art. 278. Exploitation of Minors, involving employing minors in activities inimical to them ( like in circuses) is now superseded by R.A. 7610 ( The Child Abuse Law)