INVESTIGATION OF ABORTION • If the abortion is to conceal her

dishonour, the law imposes lesser

ABORTION
penalty.
It is the willful killing of a fetus in the uterus or
violent expulsion of the fetus from the D. ABORTION PRACTICED BY A PHYSICIAN OR
maternal womb which results to the death of MIDWIFE OR DISPENSING OF ABORTIVE
the fetus. (ARTICLE 258)

LEGAL CONSIDERATION – ELEMENTS

A.INTENTIONAL ABORTION (ARTICLE 256)
• The woman is
– ELEMENTS pregnant.

• The woman must be pregnant. • She was aborted by

the physician or
• Violence was applied on the pregnant
midwife intentionally
woman, or drugs or beverages
without any
ministered, or the accused otherwise
therapeutic
acts upon such pregnant woman.
indication, or
• The result of such violence or drugs or pharmacist gave her
beverages upon her, or the act of the abortive without
accused, is that the fetus dies either prescription of the
in the womb or after having expelled physician.
therefrom.
MEDICAL CLASSIFICATION OF ABORTION
• The abortion was intentional. 1.SPONTANEOUS OR NATURAL ABORTION

B. UNINTENTIONAL ABORTION (ARTICLE 257) Occurs without any form of inducement or

intervention.
ELEMENTS

– The woman must be

pregnant.

– Violence must be applied on

the pregnant woman but
without the intention to
produce abortion.

– As a result of the application

of violence, abortion was
produced.

C. ABORTION PRACTICED BY THE WOMAN

HERSELF OR BY HER PARENTS (ARTICLE 258)

– ELEMENTS

• The woman is pregnant.

• The woman was aborted deliberated

by herself or by her parents, or either
of them with the consent of the
pregnant woman.
MEDICAL CLASSIFICATION OF ABORTION
INDUCED ABORTION

Will not take place had it not been for some

form of inducement or intervention.

THERAPEUTIC – abortion purposely done to

preserve the life of the mother from death.

CRIMINAL – abortion done without any GENERAL CONSIDERATION

therapeutic indication but with criminal intent When the death of the fetus is not due to the
and is punishable by law circumstances or when survives in spite or
being violently expelled from the maternal
womb, abortion is not committed.
 It is difficult to obtain conviction in crime
of abortion fro reason that there are only
two witnesses to unlawful operation.
DEVELOPMENT OF PREGNANCY
When the sperm meets the egg cell in the
fallopian tube until it reaches the uterus.
• EMBRYO – the fertilized egg that
grows and develop
• FETUS – it is after the three months of
development
• STILL BIRTH – a fully formed baby is
born dead.
• ANIMATION – it is a point which the
fetus received a soul and occurred 40
– 80 days after conception.
• VIABLE – the fetus is capable of living
outside the mother’s womb.
• QUICKENING – it is the first time that
the mother first feels the uterus
moving.
METHODS EMPLOYED IN ABORTION
A. FIRST TRIMESTER
1. SUCTION CURRETAGE/VACUUM
ASPIRATION
Removing the fetus by suction then scraping
the woman’s uterus
2. USE OF MIFEPRISTONE/RU 486
This blocks the action of hormone
progesterone in woman’s body
B. SECOND TRIMESTER
1. DILATION AND EVACUATION/ D and E
The fetus is taken apart in the uterus and
removed.
2. ADDING SALT SOLUTION TO THE AMNIOTIC
FLUID AND PROSTAGLANDINS
This drug cases muscle contraction that expels
the fetus.
EVIDENCE IN THE CRIME SCENE OF
ABORTION
Presence of placental tissue.
• Presence of the dead fetus and other
pieces of the product of conception.
• Presence of instruments used in the
performance of abortion.
• Presence of the effect of the
operative procedure like blood.
SOURCES OF COMPLIANTS OF ABORTION
The complaints may be received from
physician or hospitals to the effect that
the woman is under treatment for an
incomplete abortion.
• Local housewives frequently hear of
services of a certain doctor expelling
the product of conception.
• Alert police officers may observe the
coming and going out of a woman
into a doctor’s clinic. The alteration
of the woman’s gait on emerging
from the building should suggest
irregularity.
• If the abortion resulted to the death
of the woman, autopsy will reveal
evidence of illegal operation.
• Raid after effective surveillance.
MEDICAL PROOF OF ABORTION
PRESENCE OF SIGNS OF EXTERNAL VIOLENCE.
EXAMINATION OF THE GENERATIVE TRACT.
EXAMINATION OF THE CERVIX OF THE
UTERUS FOR POSSIBLE TEAR OF DISCHARGE
MEDICAL PROOF OF ABORTION
DETERMINATION OF SIGNS OF PREVIOUS
PREGNANCY.
a. condition of the breast
b. laxity of the abdominal wall
c. paleness of the integument
d. general body weakness
e. palpability of the uterus and laceration of
the cervix.

COUNTRIES WHERE ABORTION IS LEGAL

CHINA

RUSSIA

JAPAN

CANADA

UNITED KINGDOM

OTHER TERMS TO PONDER

DELIVERY – it is the process by which a
woman gives birth to her offspring

PREGNANCY – the state of a woman who has

within her body the growing product of
conception or fertilization of new life.