Abortion practiced by a physician or midwife and dispensing of abortives, Revised Penal Code

1. Concept and legal basis

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. – The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.Any pharmacist who, without the proper prescription from a physician shall dispense any abortive shall suffer arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000). (Act 3815, Revised Penal Code, As amended by R.A. 10951)

2. Elements of the offense

Elements of the offense:

1) The offender is a physician or midwife;

2) They take advantage of their scientific knowledge or skill; and,

3) They: (a) cause an abortion, or (b) assist in causing the same.

References

⦁ Title 8 – Crimes Against Persons, Book 2, Revised Penal Code

/Updated: January 18, 2023
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