Article 257.

Unintentional Abortion

Elements:

a. There is a pregnant woman;

b. Violence is used upon such pregnant woman without intending an abortion;

c. The violence is intentionally exerted;

d. As a result of the violence, the fetus dies, either in the womb or after having been
expelled therefrom.

Important Points to Remember:

 The knowledge by the accused that the woman is pregnant is immaterial. The
violence may have been inflicted intentionally or by reckless action.

 If both the mother and fetus are killed, the crime would be homicide/murder with
unintentional abortion.

Examples:

(i) pushing a pregnant woman causing her to fall down so that her stomach hits an object
causing her to abort.

(ii) a reckless driver caused his jeepney to hit a post whereby a woman passenger
aborted.

Who may commit the crime:

1. Abortion by the mother herself

a). If the mother attempts to commit suicide but does not die but the fetus is killed, she
is not liable for unintentional abortion.

b). If the purpose is to conceal her dishonor, this is a special mitigating circumstances
and the penalty is one degree lower.

2. Abortion by a stranger but with the mother‘s consent.

3. Abortion by the woman‘s parents but with the consent of the woman.
Article 258. Abortion Practiced by the Woman Herself or by Her Parents

Elements

1. There is a pregnant woman who has suffered an abortion;

2. The abortion is intended;

3. Abortion is caused by –

a. The pregnant woman herself;

b. Any other person, with her consent;
c. Any of her parents, with her consent for the purpose of concealing her dishonor.

Article 259. Abortion Practiced by A Physician or Midwife and Dispensing of

Abortives

Elements:

1. There is a pregnant woman who has suffered an abortion;

2. The abortion is intended;

3. Offender, who must be a physician or midwife, caused or assisted in causing the

abortion;

4. Said physician or midwife took advantage of his or her scientific knowledge or skill.

As to Pharmacists, the elements are:

1. That the offender is a pharmacist.

2. That there is no proper prescription from a physician.

3. That the offender dispenses any abortive.

As to pharmacists, the crime is consummated by dispensing abortive without proper

prescription from a physician. It is not necessary that the abortive was actually used.

It is immaterial that the pharmacist knows that the abortive would be used for abortion.
Otherwise, he shall be liable as an accomplice should abortion result from the use thereof.
When the mother is killed, her death is complexed with the killing of the fetus
either as:

(i) Homicide with Intentional Abortion if the killing of the fetus is intentional. or

(ii) Homicide with Unintentional Abortion if the killing of the fetus is unintentional.

But if there was no violence employed but the woman was intentionally
frightened which resulted to abortion:

a). If grave threats were employed precisely to cause the woman to abort the crime is
Grave Threats with Intentional Abortion.

b). If only light threats were employed, the two are separate offenses.

c). If there was no intention to cause her abort the crime is simply threats.

Important Points to Remember:

 If abortives are given to a woman to cause her to abort in the belief she is pregnant
when in truth she is not, the crime is the Impossible Crime of Abortion. The same
is true if the abortives were inherently inadequate or ineffectual. But if the
abortives are capable of inducing an abortion but was prevented by medical
intervention, the crime is Frustrated Abortion.

 Suppose the woman was purposely placed in such an emotional, mental and
psychological depression so that she will abort? Personal opinion: The crime is
Intentional Abortion under the second mode.