FACTS:

Roberto P. de Guzman is the petitioner in this case, challenging the resolution made by then Justice Secretary Hernando B. Perez. The resolution dismissed de Guzman's petition for review of the City Prosecutor of Lipa City's resolution in I.S. No. 2000-2111. Shirley F. Aberde is the respondent in this case, and she had a child with the petitioner named Robby Aberde de Guzman. The petitioner and respondent were never married, and the petitioner went on to marry another woman with whom he had two more children.

The petitioner provided financial support for Robby's schooling only twice, in 1992 and 1993, and he also gave a one-time amount of P7,000 for the child's hospitalization and medical expenses in 1994. The respondent, being the mother, had to work as a factory worker in Taiwan to support herself and Robby since the petitioner did not consistently provide financial support. In 2000, the respondent sent a letter to the petitioner demanding support for Robby's education, but the petitioner ignored her. Consequently, the respondent had to rely on the charity of her relatives to enroll Robby in school.

Due to the petitioner's lack of financial support, the respondent filed a criminal complaint for abandonment and neglect of the child under Article 59(2) and (4) of PD 603 with the Office of the City Prosecutor. The petitioner argued that he did not abandon Robby and claimed financial incapacity as a defense. The City Prosecutor dismissed the abandonment charge but found probable cause to charge the petitioner with neglect of the child. An information was then filed against the petitioner for neglecting a minor child, leading the petitioner to file a petition for review with the Secretary of Justice.

ISSUES:

1. Whether or not a parent who fails or refuses to provide education for his child can be charged for neglect of child under Article 59(4) of PD 603.

RULING:

1. Yes, a parent who fails or refuses to provide education for his child can be charged for neglect of child under Article 59(4) of PD 603. The City Prosecutor of Lipa City dismissed the complaint for abandonment but found probable cause to charge the petitioner with neglect of child punishable under Article 59(4) of PD 603 in relation to Section 10(a) of RA 7610. An information was filed before the Regional Trial Court of Lipa City for the crime of neglecting a minor child.

PRINCIPLES:

• A parent has a duty to provide for the education of his child in accordance with the child's station in life and financial condition, as mandated by Article 59(4) of PD 603.

• Neglect of child under Article 59(4) of PD 603 refers to the failure or refusal of a parent to do his part in providing his child the education his station in life and financial condition permit.

• The City Prosecutor has the authority to dismiss a complaint for abandonment but may find probable cause to charge the parent for neglect of child under Article 59(4) of PD 603.