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.
Suggested answer only. Not an official answer and not legal advice.
Yes, the husband committed Economic Abuse under Republic Act No. 9262 and Indifference of Parents under Article 277 of the Revised Penal Code. Under Section 5(e)(2) of R.A. No. 9262, economic abuse is committed by depriving the woman or
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Quick check
What crime under Republic Act No. 9262 is committed when a husband deliberately deprives his wife and child of financial support?
Depriving a woman or her child of financial support legally due them constitutes economic abuse under RA 9262.
Under Article 277 of the Revised Penal Code, when does a parent incur criminal liability for indifference of parents?
Article 277 penalizes parents who neglect to give their minor children the education required by their financial station.
Can a parent legally condition the payment of a child's school tuition on the child's choice of parental custody?
Financial support for education is a mandatory legal duty that cannot be withheld due to custody preferences.
Which element is required to sustain a conviction for economic abuse through deprivation of support under RA 9262?
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What is the legal impact of a husband's high earning capacity as a corporate executive when he refuses to pay his child's tuition?
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Learn more about these topics
1. Economic Abuse
Under Section 5(e)(2) of Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act, economic abuse includes acts that make a woman financially dependent, such as the withdrawal of financial support or prevention from engaging in a legitimate profession. Depriving a wife or child of financial support legally due them constitutes a punishable offense. When a husband deliberately ceases financial support out of displeasure, he commits economic abuse, causing mental and emotional anguish to the victims.
2. Indifference of Parents
Article 277, paragraph 2 of the Revised Penal Code penalizes indifference of parents. This felony occurs when a parent neglects to give their minor children the education or care required by their station in life and financial capability. Where a father who is a corporate executive possesses ample financial capacity but willfully refuses to pay for his child's tuition fees and education, he incurs criminal liability for parental indifference under the penal code.
3. Support Obligations
Under Philippine family law and criminal jurisprudence, parents are legally obligated to support their legitimate children, which includes schooling, tuition, and basic maintenance. Support is mandatory and cannot be made contingent upon the child's preference of parental custody or living arrangements. Withholding required financial support as a retaliatory measure for a child choosing to reside with the mother constitutes unlawful deprivation of support, triggering criminal liability under both special penal laws and the Revised Penal Code.