Laws on Abortion

Wikipedia defines abortion as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo before viability. An abortion can occur spontaneously, in which case it is often called a miscarriage, or it can be purposely induced. The term abortion most commonly refers to the induced abortion of a human pregnancy (http://en.wikipedia.org/wiki/Abortion).

This picture is taken from this site http://www.advocatesoflife.com/graphicabortionimages.htm

In the Philippines, abortion is penalized under the Revised Penal Code of the Philippines.  It is not legal and therefore any person who promotes this act shall be penalized.

Based on the Revised Penal Code, the criminal act of abortion may be termed as INTENTIONAL or UNINTENTIONAL ABORTION.

Article 256 of the Revised Penal Code states the penalty for any person committing an intentional abortion, thus:

"Intentional Abortion. - Any person who shall intentionally cause an abortion shall suffer:

1.  The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.

2.  The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.

3.  The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented."

Article 257 of the same penal code provides the penalty for Unintentional Abortion.  Thus:

"Unintentional Abortion. - The penalty of prision correccional in its minimum and medium periods shall be imposed upon any person who shall cause an abortion by violence, but unintentionally."

What differs between the two types of abortion is the presence of an INTENT.  In the first type, the perpetrator knows very well that the woman is pregnant and his act would lead to an abortion.  Although in the first type of abortion, using violence may not be necessary to effect an abortion.  Further, consent of a pregnant woman is not material.  Whether or not the woman consented to the abortion, it will not absolve the person doing this act.

In the second instance, the perpetrator may not have any knowledge that the woman is pregnant.  For as long as he uses violence that would eventually causes an abortion to her, he is liable.  In this type of abortion, the assailant does not intent to cause an abortion.  Otherwise, he may be liable in the first type.

How about if it is the woman herself or her parents does/do practice an abortion?

The same penal code states in Article 258 (Abortion practiced by the woman herself or by her parents.) 

"The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice an abortion upon herself or shall consent that any any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of the woman for the purpose of concealing her dishonor the offender shall suffer the penalty of prision correccional in its medium and maximum periods."

Whether the intention of the pregnant woman or her parents is to conceal her dishonor, it will not absolve her/them of the crime.

Lastly, Article 259 of the Revised Penal Code provides for a penalty for an abortion practiced by a physician or midwife dispensing of abortives.  Thus:

"The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in the causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding P1,000 pesos."