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Substitution of one child for another, A347 Revised Penal Code

Substitution of one child from another results in the children no longer being with their biological parents.

1. Concept

Substitution of a child from another – refers to the act of interchanging a child with another such that they are no longer with their biological parents.

a. Legal basis

Revised Penal Code provides:

Art. 347. [Par. 2] … the substitution of one child for another shall be punished by prisión mayor and a fine of not exceeding Two hundred thousand pesos (P200,000).

[Par. 3] Any physician or surgeon or public officer who, in violation of the duties of his profession or office shall cooperate in the execution of any of the crimes mentioned in the two (2) next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification. (As amended by R.A. 10951)

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) To substitute a child for another; and

2) For a physician, surgeon, or public officer to cooperate in such substitution.

a. Mode 1: Substitution

Elements of the offense of substitution of one child for another:

1) The offender substitutes a child for another (REVISED PENAL CODE, Article 347)

1) Element 1: Substitution

The offender substitutes a child for another is the gravamen of the offense. As the article contemplates a newborn (cf. simulation of birth), the content herein is that of newly born children b...

 



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