Case Summary (G.R. No. L-18452)
Factual Background
While both were law students, Shirley Aberde became pregnant by de Guzman. After Robby’s birth in 1987, petitioner never married Shirley and later married another woman, fathering two additional children. Petitioner provided only two small school remittances (1992, 1993) and P7,000 for Robby’s 1994 medical expenses. Shirley worked abroad (Taiwan, 1994–1996) and relied on relatives to finance Robby’s education. Meanwhile, petitioner enjoyed a lavish lifestyle—multiple luxury cars, large homes in Ayala Heights, foreign travel, and expensive schooling for his other children—yet offered no further support for Robby.
Procedural History
June 15, 2000: Shirley filed a complaint for abandonment and neglect under Articles 59(2) & (4) of PD 603 before the Lipa City Prosecutor (I.S. No. 2000-2111).
August 15, 2000: Prosecutor dismissed abandonment but found probable cause for neglect under Article 59(4) PD 603 in relation to Section 10(a) RA 7610.
August 25, 2000: Information filed in RTC Lipa City (Criminal Case No. 0431-00).
January 3, 2002: Justice Secretary Perez dismissed de Guzman’s petition for review, affirming probable cause.
September 24, 2002: Reconsideration denied.
2006: Petition for certiorari filed before the Supreme Court.
Issue Presented
Whether petitioner’s failure to fund his son’s education constitutes neglect under Article 59(4) of PD 603 and whether such neglect may be charged also under Section 10(a) of RA 7610.
Applicable Law
– 1987 Philippine Constitution (decision date post-1990)
– PD 603 (Child and Youth Welfare Code):
• Art. 59(4): Parent who neglects child by not providing education that family’s station and finances permit
• Art. 8: Child’s welfare paramount
– RA 7610 Sec. 10(a): Penalizes acts of child neglect “not covered by the Revised Penal Code”
– Revised Penal Code Art. 277 (indifference of parents)
Findings and Ruling
The Secretary of Justice did not commit grave abuse of discretion. Petitioner is a parent who neglected his child’s education despite evident financial capacity. His luxurious lifestyle and corporate shareholdings (P750,000 paid-up capital) supply prima facie evidence of means. Allegations that assets belong to
...continue readingCase Syllabus (G.R. No. L-18452)
Facts
- Petitioner Roberto P. de Guzman and private respondent Shirley F. Aberde became sweethearts while studying law at the University of Santo Tomas; Aberde became pregnant and gave birth to their son, Robby Aberde de Guzman, on October 2, 1987.
- The parties never married; in 1991, petitioner wed another woman and had two children.
- Petitioner sent money for Robby’s schooling only twice (1992 and 1993) and once gave ₱7,000 in 1994 for hospitalization and medical expenses.
- Private respondent worked as a factory worker in Taiwan for two years to support Robby’s needs and education; by 2000 her savings were nearly exhausted and the child’s continued schooling was uncertain.
- Meanwhile, petitioner managed family corporations, owned at least five luxury cars, resided in palatial homes in Ayala Heights, sent his legitimate children to expensive schools, and traveled regularly abroad—yet provided no further support to Robby.
- On February 21, 2000, private respondent formally demanded schooling support for Robby’s impending high-school year; petitioner ignored the demand, forcing her to rely on relatives to enroll Robby at De La Salle High School in Lipa City.
Procedural History
- June 15, 2000: Private respondent filed a criminal complaint for abandonment and neglect of a child under Article 59(2) and (4) of PD 603 before the City Prosecutor of Lipa City (I.S. No. 2000-2111).
- July 27, 2000: Petitioner filed a counter-affidavit denying abandonment or neglect, claiming financial incapacity and attributing assets to his father.
- August 1, 2000: Private respondent filed a reply-affidavit attaching a notarized General Information Sheet of RNCD Development Corporation showing petitioner’s ₱750,000 paid-up shares.
- August 9, 2000: Petitioner filed a rejoinder-affidavit insisting his shares belonged to his father, that the corporation was dormant, and that he received no compensation.
- August 15, 2000: The City Prosecutor dismissed the abandonment charge but found probable cause to charge neglect under Article 59(4) of PD 603 in relation to Section 10(a) of RA 7610.
- August 25, 2000: An information was filed in RTC Branch 85, Lipa City (