Article 255.

Infanticide
Elements
1. A child was killed
2. The accused killed the said child;
3. The deceased child was less than three days (72 hours) of age.
-Concealment of dishonor is not an element of infanticide. If the crime is committed by the mother of the child
to conceal her dishonor, or by the maternal grandparents for the same purpose, the penalty for infanticide is
mitigated.
-Delinquent mother must be of good reputation and good morals, in order that concealing dishonor may
mitigate her liability.
-No crime of infanticide is committed when the child was born dead, or although born alive, it could not sustain
an independent life when it was killed.

Article 256. Intentional Abortion

Abortion is the willful killing of the fetus in the uterus, or the violent expulsion of the fetus from the
maternal womb which results in the death of the fetus

Ways of committing intentional abortion:

1. Using any violence upon the person of the pregnant woman;
2. Acting, but without using violence, without the consent of the woman. (By administering drugs or
beverages upon such pregnant woman without her consent.)
3. Acting (by administering drugs or beverages), with the consent of the pregnant woman.

Elements:
1. There is a pregnant woman;
2. Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon
such pregnant woman;
3. As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the
fetus dies, either in the womb or after having been expelled therefrom;
4. The abortion is intended.

Article 257. Unintentional abortion

Elements:
1. There is a pregnant woman;
2. Violence is used upon such pregnant woman without intending an abortion;
3. The violence is intentionally exerted;
4. As a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom.
-Unintentional abortion may be committed through imprudence

Q: Is the accused liable for abortion even if he did not know that the woman was pregnant?
A: No. For the crime of abortion, even if unintentional, to be held committed, the accused must have known of
the pregnancy.

People vs. Salufrania: There is no evidence to show that the accused had the intention to commit an
abortion. Mere boxing on the stomach, taken together with the immediate strangling of the victim is not
sufficient to show an intent to cause an abortion. Thus, Salufrania should be convicted of the crime of parricide
with UNINTENTIONAL ABORTION.

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; or
c. Any of her parents, with her consent for the purpose of concealing her dishonor.
- Liability of the pregnant woman is mitigated if purpose is to conceal dishonor.
- No mitigation for parents of pregnant woman even if the purpose is to conceal dishonor.

Article 259. Abortion practiced by a physician or midwife and dispensing of abortives

Elements (for physicians and midwives):
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.

Elements (for pharmacists):

1. The offender is a pharmacist;
2. There is no proper prescription from a physician;
3. The offender dispenses any abortive.