Article 257 Unintentional Abortion

In this article, the crime is consummated through the use of the intentional violence exerted and
the abortion is only incidental to the violence of the third person.
Unintentional Abortion through negligence or imprudence

In Pp v. Jose, Romeo Jose while driving a truck, bumped a calesa where Caridad Palacio was
onboarded. Caridad was six months pregnant but unfortunately because of the incident, Caridad
was forced to have an abortion. The Court held that Jose was guilty of unintentional abortion
through imprudence.
Note: This crime can be complexed with homicide or parricide as the case may be.
Elements:
 That there be a pregnant woman
 That violence was exerted upon such woman without intending abortion
 The violence was intentionally exerted
 The fetus dies as a result of the violence, either in the womb or after having been expelled
therefrom

Article 258. Abortion practiced by herself or her parent

Three forms of crime that is consummated:
 By the pregnant woman herself or by a third person with the consent of the former
 By the pregnant woman herself to conceal dishonor
 By the parents, either one or both of them, to conceal the dishonor, provided with the
consent of the pregnant woman.

Note in the first bullet that the pregnant woman is liable under this article., 258, while the third
person is liable under Art. 256.
In the third form, the abortion must be to conceal dishonor provided that the pregnant woman be
of good reputation. Concealing dishonor becomes a mitigating circumstance on the part of the
woman.
The reason for mitigating this is when woman becomes pregnant out of illicit relationship,
excited or obfuscated, for the fear of her dishonor made in public she either practices abortion
herself or consents another to do so, in order to erase the traces of her mistake.

Article 259 Abortion practice by the physician or midwife and dispensing abortive
In this Article, the penalty imposed was increased for the reason that:
Physicians and midwife who cause or assist in causing the abortion are more severely punished
because they incur a heavier guilt in making use of their knowledge for the destruction of human
life, where it should only be used for preservation.
For the criminal liability of the pharmacist, what is being penalized is the mere act of dispensing
any abortive without the proper prescription. If the pharmacist has the knowledge that such
abortive will be used for committing abortion, he will be liable as an accomplice to committing
abortion.