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Case #6:
A person has decided to commit suicide and requested another to assist in his
suicide. If the initiative did not come from the deceased, obviously it is H or M. Article 255. Infanticide reclusion perpetua
Mother (to conceal dishonor) prision mayor medium and max
Case #7: Grandparents (to conceal dishonor) reclusion temporal
A, a pregnant woman, tried to commit suicide by means of poison, but instead of Infanticide is the killing of any child less than 3 days old, whether the killer is the
dying, the fetus in her womb was expelled. Is she liable for abortion? parent or grandparent, or any other person
Answer: A. Elements
1. No. Persons committing suicide is not criminally liable because suicide is not 1. That a child was killed
a felony. She is therefore, not liable for abortion for expelling the fetus 2. That the (X) child was less than 3 days old or 72 hours
instead. Also, abortion that resulted is unintentional, abortion not having 3. That the accused killed the child
been intended by her, and unintentional abortion is punishable only when it Delinquent mother must be of good reputation and good morals, in order that
is cause by violence, not by poison. (Not to mention that the violence must concealing dishonor may mitigate her liability (NORA AUNOR)
come from another person not the victim) Treachery and abuse of superior strength are inherent in infanticide, not as AC
Conspiracy is applicable to conspiring relative and stranger in infanticide Mere intimidation is not enough unless the degree of intimidation already
No infanticide is committed where the child was born dead, or although born approximates violence. If pregnant woman aborted because of intimidation, the
alive, it could not sustain an independent life when it was killed. Child must be crime committed is only light threats
born alive and fully-developed, that is, it can sustain an independent life. Case #8:
A, a pregnant woman, tried to commit suicide. She did not die but suffered
Article 256. Intentional abortion miscarriage. Is she liable for IA or UA abortion?
Any person who shall intentionally cause an abortion shall suffer: Answer:
1. The penalty of reclusion temporal, if he shall use any violence upon the 1. No. She is not liable under Art 256 (IA) because persons committing suicide
person of the pregnant woman. is not criminally liable because suicide is not a felony. She is therefore, not
2. The penalty of prision mayor, if, without violence, he shall act without the liable for abortion for expelling the fetus instead. The one penalized in
consent of the woman suicide is the one giving assistance and not the person trying to commit
3. The penalty of prision correccional in its medium and max periods, if the suicide.
woman shall have consented.
There is an intent to cause the abortion No. She is not liable under Art 257 (UA). What is contemplated in UA is that
Two methods are included: the force or violence must come from another. If it was the woman doing
a. Violence (p1) without the consent of the woman the violence upon herself, it must be to bring about an abortion. The
b. Acting (p2) either with or without consent of the woman includes violence must come from another person and not from the woman herself.
administering, ingesting, threats, intimidation Case #9:
Offender is aware that the woman is pregnant H gave to his pregnant W a bitter substance since she was suffering from a stomach
Abortion willful killing if the fetus in the uterus, or the violent expulsion of the ache. The purpose was to cure it. However, W suffered an abortion instead. Is H
fetus form the maternal womb which results in the death of the fetus liable for abortion?
Frustrated Intentional abortion when all the acts of execution have been Answer: No. H is not liable for any abortion because it was not intended and it could
performed not be UA because there was no violence used.