2020-21 Criminal Law, Q6

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.

Quick check

What crime under Republic Act No. 9262 is committed when a husband deliberately deprives his wife and child of financial support?

Under Article 277 of the Revised Penal Code, when does a parent incur criminal liability for indifference of parents?

Can a parent legally condition the payment of a child's school tuition on the child's choice of parental custody?

Which element is required to sustain a conviction for economic abuse through deprivation of support under RA 9262?

Choices available with full access.

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?

Choices available with full access.

Unlock the full Criminal Law answers

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.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026