Infanticide, Revised Penal Code

1. Concept and legal basis

Article 255. Infanticide. – The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor. (Act 3815, Revised Penal Code)

2. Elements of the offense

Elements of the offense:

1) A child was killed;

2) The deceased child was less than three (3) days old; and,

3) The accused killed the child. (People v. Adalia, G.R. No. 235990, 22 January 2020)

To be born alive. In the crime of infanticide, it is necessary that the child be born alive and be viable, that is, capable of independent existence. However, even if the child who was expelled prematurely and deliberately were alive at birth, the offense is abortion due to the fact that a fetus with an intrauterine life of 6 months is not viable. (People v. Paycana, Jr., G.R. No. 179035, 16 April 2008)


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

/Updated: January 18, 2023


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