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)
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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:
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 being unlawfully substituted with each other. Considering that they are new deliveries, they are often difficult to identify from each other within hours from delivery. Accordingly, the offender relies on this circumstance when the offense is being committed.
b. Mode 2: Physician, surgeon, public officer
Elements of the offense:
1) The offender is a physician, surgeon, or public officer; and
2) They cooperate in the execution of substitution of one child for another. (REVISED PENAL CODE, Paragraph 3, Article 347)
1) Element 1: Physician, surgeon, public officer
For this mode, offenders are specifically identified, namely: physician, surgeon, or public officer.
It should be observed that there is nothing in the law that requires that the physician or surgeon should the attending doctor or the one who performed the delivery. Thus, it is possible to hold any physician or surgeon liable if they cooperate or participate in the substitution of a child for another.
Similarly, the public officer mentioned herein is not qualified, i.e., the law did not specify that the public officer has to be employed or connected with the Local Civil Registrar. Hence, similar to the physician or surgeon, any public officer, regardless of which Government office or agency they belong, may be held liable for cooperating in the substitution of a child for another.
For more information, see: Simulation of birth
2) Element 2: Cooperated in simulation of birth or concealment or abandonment
Cooperation is the operative act to attach liability to a physician, surgeon, or public officer.
As to the degree of cooperation, this may be on a case-to-case basis. In general, the extent of cooperation should be that it is indispensable to the commission of the offense (as opposed to
As to the degree of cooperation, this may be on a case-to-case basis. In general, the extent of cooperation should be that it is indispensable to the commission of the offense. Meaning, without such cooperation, it would not have been possible to commit the offense. As to what they are, it will be for the courts to decide.
References
• Title XII – Crimes Against the Civil Status of Persons, Act No. 3815, Revised Penal Code
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/Updated: May 20, 2023
