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    Article 257 261

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    Angel Eilise
    The document discusses various articles from Philippine law related to abortion and dueling. It defines the elements of crimes such as unintentional abortion, abortion performed by the woman herself or her parents, abortion performed by a physician or midwife, and crimes related to participating in or challenging someone to a duel. The articles outline the acts that are punishable and identify who can be held criminally liable, such as the combatants in a duel, seconds, those who challenge or instigate a duel, and physicians involved in abortion.

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    © All Rights Reserved
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    Article 257 261

    Uploaded by

    Angel Eilise
    542 views9 pages
    The document discusses various articles from Philippine law related to abortion and dueling. It defines the elements of crimes such as unintentional abortion, abortion performed by the woman herself or her parents, abortion performed by a physician or midwife, and crimes related to participating in or challenging someone to a duel. The articles outline the acts that are punishable and identify who can be held criminally liable, such as the combatants in a duel, seconds, those who challenge or instigate a duel, and physicians involved in abortion.

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    ARTICLE-257-261

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    The document discusses various articles from Philippine law related to abortion and dueling. It defines the elements of crimes such as unintentional abortion, abortion performed by the woman herself or her parents, abortion performed by a physician or midwife, and crimes related to participating in or challenging someone to a duel. The articles outline the acts that are punishable and identify who can be held criminally liable, such as the combatants in a duel, seconds, those who challenge or instigate a duel, and physicians involved in abortion.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    542 views9 pages

    Article 257 261

    Uploaded by

    Angel Eilise
    The document discusses various articles from Philippine law related to abortion and dueling. It defines the elements of crimes such as unintentional abortion, abortion performed by the woman herself or her parents, abortion performed by a physician or midwife, and crimes related to participating in or challenging someone to a duel. The articles outline the acts that are punishable and identify who can be held criminally liable, such as the combatants in a duel, seconds, those who challenge or instigate a duel, and physicians involved in abortion.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    ARTICLE 257.

    UNINTENTIONAL ABORTION

    ARTICLE 258. ABORTION PRACTICED BY THE WOMAN


    HERSELF OR HER PARENTS

    ARTICLE 259. ABORTION PRACTICED BY A PHYSICIAN OR


    MIDWIFE IN DISPENSING OF ABORTIVES

    ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS IN A


    DUEL

    ARTICLE 261. CHALLENGING TO A DUEL


    ARTICLE 257. UNINTENTIONAL
    ABORTION
    • Elements
    • 1. There is a pregnant woman;
    • 2. Violence is used upon such pregnant woman without intending an
    abortion;
    • 3. Violence is intentionally exerted; and
    • 4. As a result of the violence exerted, the fetus dies either in the womb or
    after having been expelled therefrom.
    • Q: What is the criminal liability, if any, of a pregnant woman who tried to commit suicide by
    poison, but she did not die and the fetus in her womb was expelled instead? (BAR 1994, 2012)
    • A: The woman who tried to commit suicide incurs no criminal liability for the result not intended.
    • In order to incur criminal liability for the result not intended, one must be committing a felony, and
    suicide is not a felony.

    • Unintentional abortion is not committed since it is punishable only when caused by violence and
    not by poison.

    • There is also no intentional abortion since the intention of the woman was to commit suicide and
    not to abort the fetus.

    • Q: Can Unintentional abortion be committed through Negligence?


    ARTICLE 258. ABORTION PRACTICED BY THE
    WOMAN HERSELF OR HER PARENTS
    • Elements
    • 1. There is a pregnant woman who has suffered abortion;
    • 2. Abortion is intended; and
    • 3. Abortion is caused by:
    • a. The pregnant woman herself;
    • b. Any other person, with her consent; or
    • c. Any of her parents, with her consent for the purpose of concealing her dishonor.

    • NOTE: Under a and c above, the woman is liable under Art. 258 while the
    third person under b is liable under Art. 256
    ARTICLE 259. ABORTION PRACTICED BY A
    PHYSICIAN OR MIDWIFE IN DISPENSING OF
    ABORTIVES
    • Elements of this crime as to the physician or midwife
    • 1. There is a pregnant woman who has suffered abortion;
    • 2. Abortion is intended;
    • 3. The offender must be a physician or midwife who causes or assists in
    causing the abortion; and
    • 4. Said physician or midwife takes advantage of his or her scientific
    knowledge or skill.
    • What is THERAPEUTIC ABORTION?

    • Elements of this crime as to the pharmacists


    • 1. Offender is a pharmacist;
    • 2. There is no proper prescription from a physician; and
    • 3. Offender dispenses an abortive.

    Q: Suppose the abortion was performed by a physician without medical necessity to warrant
    such abortion and the woman or her husband had consented. Is the physician liable for
    abortion under Art. 259?
    ARTICLE 260. RESPONSIBILITY OF
    PARTICIPANTS IN A DUEL
    • Acts punished:
    • 1. By killing one’s adversary in a duel;
    • 2. By inflicting upon such adversary physical injuries; and
    • 3. By making a combat although no physical injuries have been inflicted.

    • Persons liable:
    • 1. The person who killed or inflicted physical injuries upon his adversary or
    both combatants in any other case, as principals.
    • 2. The seconds, as accomplices.
    • What is Duel?
    • It is a formal or regular combat previously consented between two
    parties in the presence of two or more seconds of lawful age on
    each side, who make the selection of arms and fix all the other
    conditions of the fight to settle some antecedent quarrels.

    • What is a seconds?
    ARTICLE 261. CHALLENGING TO A DUEL

    • Punishable acts
    • 1. Challenging another to a duel;
    • 2. Inciting another to give or accept a challenge to a duel; and
    • 3. Scoffing at or decrying another publicly for having refused to accept a
    challenge to fight a duel.

    • Persons liable
    • The challenger, and
    • the instigators.

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