Intentional abortion, Revised Penal Code

1. Concept and legal basis

Article 256. Intentional abortion. – Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.
3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented. (Act 3815, Revised Penal Code)

2. Elements of the offense

Elements of the offense:

1) That there is a pregnant woman; and,

2) That the offender intentionally causes an abortion.

References

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

/Updated: January 18, 2023

Content Details

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected. Please refer to our full Disclaimer.

For updates: If the legal provisions being discussed have been amended or repealed by legislation or has been the subject of a Supreme Court decision which may have impacted how it is interpreted, do let us know so we can consider for the next update. Reach out via our Contact Us

Related Content

Libel, A353 Revised Penal Code

Libel is the malicious imputation of a crime, vice, or defect – in writing. 1. Concept Libel – refers to “a public and malicious imputation

Homicide, Revised Penal Code

1. Concept and legal basis Article 249. Homicide. – Any person who, not falling within the provisions of Article 246, shall kill another without the

Videos & Podcasts

Legal Maxims

nullum crimen, nulla poena sige lege

Latin maxim. • “that there can exist no punishable act except those previously and specifically provided for by penal statute” (Corpuz v. People, En Banc,

nemo tenetur seipsum accusare

Latin maxim. • “No one is bound to accuse himself.” (Google Translate; See Villaflor v. Summers, En Banc, G.R. No. 16444, September 8, 1920) •

expressio unius est exclusio alterius

Latin maxim. • “The expression of one thing is the exclusion of another.” (San Miguel Corporation Employees Union-Phil. Transport and General Workers Org. v. San

Falsus in uno, falsus in omnibus

• “false in one thing, false in everything” (Frondarina v. Malazarte, G.R. No. 148423, December 6, 2006) NB: 1) Falsus in uno, falsus in omnibus

See more

Law Content