TITLE TWELVE

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Crimes against Civil status of persons:
1. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate
child [art. 347]
2. Usurpation of civil status [art. 348]
3. Bigamy [art. 349]
4. Marriage contracted against provision of law [art. 350]
5. Premature marriage [art. 351]
6. Performance of illegal marriage ceremony [art. 352]
Art. 347 simulation of births, substitution of one child for another, and concealment or abandonment of a
legitimate child
Penalty:
1. prision mayor and a fine not exceeding 1,000 pesos
2. prision mayor and a fine not exceeding 1,000 pesos plus penalty of temporary special disqualification any
physician or suregeon or public officer who, in violation of the duties of a profession or office, shall
cooperate in the execution of any of acts punished under art. 347.
Acts punished under art. 347
1. simulation of birth
2. substitution of one child for another
3. concealing or abandoning any legitimate child with intent to cause such child to lose its civil status
Simulation of birth
The simulation of birth takes place when the woman pretends to be pregnant when in fact she is not, and on the
day of the supposed delivery, takes the child of another as her own.
In this case, the woman introduces a stranger in the family and defrauds the legitimate heirs.
The woman who simulates birth and the one who furnishes the child are both responsible as principals.
Another example: when H [husband] and W [wife] cannot have a child. Their helper was pregnant. They agreed
that at the time of the birth of the child, the childs mother and father will be W and H. the AMO simulated the
birth of the child.
The fact that the child will be benefited by the simulation of its birth is not a defense.
Bar question 2002
A childless couple, A and B, wanted to have a child they could call their own. C, an unwed mother, sold her newborn
baby to them. Thereafter, A and B cause their names to be stated in the birth certificate of the child as his parents.
This was done in connivance with the doctor who assisted in the delivery of C. what are the criminal liabilities, if
any, of the couple A and B, C and the doctor?
1. As to the couple A and B liable for simulation of birth
2. As to the Doctor Liable for simulation of birth
3. As to C is liable for child trafficking , a violation of articles IV, sec. 7 of RA no. 7610
Substituting one child for another this is committed when, for instance, X is born of A and B; Y is born of C and D; and the offender, with intent to
cause the loss of any trace of their filiation, exchanges X and Y without the knowledge of their respective parents.
The substitution may be effected by placing a live child of a woman in place of a dead one of another woman.
Concealing or abandoning any legitimate child
Elements:
1. the child must be legitimate
2. the offender conceals or abandons such child; and
3. the offender has the intent to cause such child to lose it civil status
a father who sold his child to a Chinese couple for money consideration and agreed never to claim the child again is
not liable under art. 347 [US vs Capillo, 30 Phil 349].
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Abandoning of minors [art. 276] vs Concealing or abandoning any legitimate child [art. 347]
Abandoning of minors
Concealing any legitimate child
the offender must have custody of the child
the offender is any person
the child here could be illegitimate or legitimate
the child is a legitimate child
the purpose of abandoning is to avoid the obligation the purpose is to cause the child to lose its civil
of rearing an caring for the child
status

PROBLEMS:
1. a woman who has given birth to a child, abandons the child in a certain place, to free herself of the
obligation and duty of rearing and caring for the child. What crime is committed by the woman? The crime
is ABANDONING A MINOR under art. 276.
2. Suppose that the purpose of that woman in abandoning the child is to preserve the inheritance of her child
by a former marriage, what then is the crime?
Evidently, the purpose of the woman is to cause the child to lose its civil status so that it may not be able to
share in the inheritance; hence, the crime would fall under the 2nd par. Of art. 347.
3. Suppose a child, one day after its birth, was taken to, and left in, the midst of a lonely forest, and it was
found by a hunter who took it home, what crime was committed by the person who left it in the forest?
It is ATTEMPTED INFANTICIDE, as the act of the offender is an attempt against its life.
Infanticide abandoning a minor concealing any legitimate child
Infanticide [art. 255]
Abandoning a minor [art. 267]
Elements:
Elements:
1. That a child was killed
1. That the offender has the
2. That the deceased child was less
custody of a child
than 3 days [72hrs] of age
2. That the child is under 7 years of
3. That the accused killed the said
age
child
3. That he abandons such child
4. That he has no intent to kill the
child when the latter is
abandoned

Concealing any legitimate child

Elements:
1. The child must be legitimate
2. The offender conceals or
abandons such child; and
3. The offender has the intent to
cause such child to lose its civil
status

NOTE: a physician or surgeon or public officer, who cooperates in the execution of any of these crimes, is also liable
if he acts in violation of the duties of his profession or office.
Art. 348 usurpation of civil status The penalty of prision mayor shall be imposed upon any person who shall USURP the civil status of another,
should he do so for the purpose of defrauding the offended party or his heirs; otherwise, the penalty of prision
correcccional in its medium and maximum periods shall be imposed.
Example: X died. Y came over to his wake and claim that he is a son of X from another woman but when in fact Y is
not. What is the crime committed by Y? Usurpation of civil status.
Another is when a person who, in the name of another, petitioned for the issuance of a duplicate of the latters
license as a professional, assuming the latters person and profession, may be held for usurpation of civil status.
USURPING the civil status of another is committed by assuming the filiation, or the parental or conjugal rights of
another. The crime is committed when a person represents himself to be another and assumes the filiation or the
parental or conjugal rights of such another person. Thus, where A impersonates himself to be C, the son of the
another, and assumes the rights of C, the offender commits a violation of this article.
Art. 349 Bigamy Elements:
1. That offender has been legally married
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse
could not yet be presumed dead according to the Civil Code
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3. That he contracts a second or subsequent marriage

4. That the 2nd or subsequent marriage has all the essential requisites for validity
PENALTY: Prision Mayor
Example:
1. H is validly married to W. because of their indifferences, H decided to live separately from W. H went abroad
and meet B, a beautiful lady than W. H and B fell in love with each other. H and B decide to get married. They
celebrated their marriage in hongkong and their marriage was validly celebrated. H together with B return to
the Philippines and both of them live in a condo unit as Husband and wife. what is the crime committed H?
Answer: CONCUBINAGE only. H cannot be held liable for bigamy because the 2nd marriage was celebrated abroad
not in the Philippines. If H will be held liable for bigamy it will contravene to the territorial application of the
Philippine Criminal Law.
2. H and W got married. But when they got married they just execute an affidavit of cohabitation when in fact it
was not true that they did cohabit for 5 years. After knowing that their marriage is void, H contracted another
marriage with M. is H liable for bigamy?
Answer: YES. even if the first marriage is void a judicial declaration that the marriage is void is required.

Prescriptive period in filing a bigamy case [bar 1995]

15 years from the time the crime was discovered by the offended parties, the authorities or their agents not from
the time the marriage contract was registered in the local civil registrar. Constructive notice is not applicable in the
crime of bigamy.
The prescriptive period for the crime of bigamy is computed from the time the crime was discovered by the
offended party, the authorities or their agents. The principle of constructive notice which ordinarily applies to land
or property disputes should not be applied to the crime of bigamy, as marriage is not property. [sermonia vs CA,
233 SCRA 155]
PARTICIPANTS in the crime of bigamy
1. Accomplice the second husband or wife who knew of the first marriage
A person, whether a man or woman, who knowingly consents or agrees to be married to another already
bound in lawful wedlock is guilty as an accomplice in the crime of bigamy.
2. Accomplice the witness who falsely vouched for the capacity of either of the contracting parties
But if the witness merely attested to the marriage ceremony and did NOT VOUCH nor ASSERT anything as
to the personal condition of the contracting parties, is NOT LIABLE.
BIGAMY is not a PRIVATE CRIME.
A person convicted of bigamy may still be prosecuted for concubinage.
Art. 350 Marriage contracted against provisions of laws PENALTY:
1. Prision correccional medium and maximum
2. In the maximum penalty if the contracting parties shall obtain the consent of the other by means of
violence, intimidation, or fraud.
ELEMENTS:
1. That the offender contracted marriage
2. That he knew at the time that
a. The requirements of the law were not complied with; or
b. The marriage was in disregard of a legal impediment
Acts punished:
a. Any person who, without committing the crime of bigamy, shall contract marriage KNOWING that the
requirements of the law have not been complied with or that the marriage is in disregard of a LEGAL
IMPEDIMENT.
Requirements of the law for valid marriage:
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1.
2.
3.
4.
5.

Legal capacity of the contracting parties who must be a male and a female
Consent freely given in the presence of the solemnizing officer
Authority of the solemnizing officer
A valid marriage license, except in marriages of exceptional character; and
A marriage ceremony which takes place with the appearance of the contracting parties before the
solemnizing officer and their personal declaration that they take each other as husband and wife in the
presence of not less than 2 witnesses of legal age.

Example: Minors contracted marriage without the consent of their parents as required by the Marriage Law. but
they had legal capacity, being then above age of 18. HELD: the marriage is valid without prejudice to their criminal
prosecution.
Art. 351 premature marriages Any widow who shall marry within 301 days from the date of the death of her husband, or before having
delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and a fine
not exceeding 500 pesos.
The same penalties shall be imposed upon any woman whose marriage shall have ben annulled or dissolved, if
she shall marry before her delivery or before the expiration of the period of 301 days after the legal separation.
Persons liable for premature marriages
1. A widow who married within 301 days from the date of the death of her husband, or before having
delivered if she is pregnant at the time of his death.
2. A woman who, her marriage having been annulled or dissolved, married before her delivery or before the
expiration of the period of 301 days after the date of the legal separation.
Purpose of the law in punishing premature marriages
The purpose of the law is to prevent doubtful paternity.
The period of 301 days is important only for cases where the woman is not pregnant. The period of 301 days, or 10
months, is only for cases where the woman is not, or does not know yet that she is, pregnant at the time she
becomes a widow.
If she is pregnant at the time she becomes a widow, the prohibition is good only up to her delivery.
IMPORTANT: the period of 301 days may be disregarded if the first husband was impotent or sterile. Therefore, a
woman who married within 301 days after the death of her husband will not be held criminally liable under this
provision.
Art. 352 performance of illegal marriage ceremony Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any
illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law.
NOTE: a JUDGE is also liable here. Like when the JUDGE, just married a couple without a valid marriage license,
thinking that the couple had exclusively cohabited for 5 years as husband and wife when in fact their affidavit to the
same is not true.
Art. 352 presupposes that the priest or minister or civil authority is authorized to solemnize marriages. If the
accused is not authorized to solemnize marriage and he performs an illegal marriage ceremony, he is liable under
art. 177 usurpation of authority.

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