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Abortion practiced by the woman herself or by her parents, A258 Revised Penal Code

1. Concept and legal basis

Article 258. Abortion practiced by the woman herself of by her parents. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods. (Act 3815, Revised Penal Code)

2. Elements of the offense

a. 1st Mode

Elements of the offense:

1) The offender is a pregnant woman;

2) She:

(a) Practices abortion upon herself; or,

(b) Consents that any other person should do so.

b. 2nd Mode

Elements of the offense:

1) The offender is a pregnant woman;

2) She consents that her parents or either of them commits abortion; and,

3) They do so for purposes of concealing her dishonor.

References

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

/Updated: January 18, 2023
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