S.A 2020/21 B.E CRIMINAL LAW | Question #06

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW 



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An estranged married couple decided to separate. As part of their amicable settlement, they agreed to ask their 14-year-old child to choose a parent with whom to live.

The child chose the mother. Displeased, the husband ceased providing for the child's tuition and the wife's support. The husband was a vice president of a highly profitable company.

Did the husband commit any crime? Explain briefly.

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SUGGESTED ANSWER:


Yes, the husband committed violence against women and children under Republic Act No. 9262, specifically economic abuse. The husband may also be held liable for indifference of parents under Article 277 of the Revised Penal Code.

There is economic abuse under R.A. No. 9262 when a person deprives the woman or her children of financial support legally due her or her family (Sec. 5 [e][2]). Meanwhile, there is indifference of parents under Art. 277, par. 2, when parents neglect their children by not giving them the education which their station in life requires and financial conditions permit.

In this case, the cessation of the husband’s support to his child and wife amounts to economic abuse, and cessation from paying his child’s tuition amounts to indifference of parents, especially since he has the means to do so, as he is an executive of a highly profitable company.


Code: S.A 2020/21 B.E CRIMINAL LAW | Question #06 


RELATED

The act of deprivation of financial support is considered malum prohibitum. [ G.R. No. 221370, June 28, 2021 ] XXX, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. ✍️ HERNANDO, J.


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