Maggie Wilson Laments Lack Of Child Protection Laws On Parental Abduction In The Philippines: “Something Has To Change”

Former beauty queen and mother of one, Maggie Wilson, is advocating for changes to the current Child Protection Laws in the country, specifically those related to Parental Abduction or Kidnapping.

In her Instagram stories on September 1, Maggie breaks her Instagram silence with a series of slides. She starts by revealing the reason why she has been quiet for the past couple of weeks. The next slide contains what seems to be Connor’s voice along with text on the screen, saying, “That’s what I dream of every night… Waiting at the airport for you.”

Maggie then reveals that the sound clip was just “6 seconds of many long conversations that are unbearable to listen to.”

She goes on to say, “We have NO child protection services or laws on parental abduction in the Philippines. Something has to change.”

Maggie has been separated from her 11-year-old son, Connor, whom she shares with estranged husband, Victor Consunji. The two announced their split in September 2021 after 10 years of marriage. Since then, the two have filed cases against each other.

Child Protection Laws on Parental Kidnapping in the Philippines

The country’s law on kidnapping can be found in the Revised Penal Code of the Philippines and specifically excludes parents from prosecution for abducting their own child. It states:

Art. 267. Kidnapping and serious illegal detention. – Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:

[4.] If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female or a public officer.

However, subsequent provisions of the Revised Penal Code do have provisions for a parent’s criminal liability in specific circumstances. This includes: 

Article 270. Kidnapping and failure to return a minor. – The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.

If the person committing the crimes stated in this article is the father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both.

This provision can be used to prosecute a parent in a specific case wherein the father and the mother are living separately and the court has granted custody of the child to one of them.

Who can be charged with parental kidnapping in the country?

Considering the aforementioned provisions, prosecution for parental kidnapping can be used in the following instances:

• When a parent takes the minor from the parent with the court approved custody.
• When a parent takes the minor without the consent of the other left-behind parent or legal guardian.

It can also include instances when a parent removes a child from school without prior consent of the other parent, or if one parent refuses to return the child when asked by the other parent.

However, according to The Committee for Missing Children, Inc., parental kidnapping cases could be difficult to prosecute as it often involves two competing family members who both believe they have legal rights over their child.