Short answer. Yes, where the professional used their skill. Article 259 directs that the penalties in Article 256 be imposed in the maximum period on a physician or midwife who, taking advantage of their scientific knowledge or skill, causes an abortion or assists in causing one. The aggravation lies in that abuse of skill.

What the law says

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 causing the same.

Revised Penal Code, Article 259 — Abortion By Physician Or Midwife. Read the full provision →

The same offence, at the top of its range

Article 259 provides that 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 causing the same. Note what it does not do. It does not create a separate crime with a different penalty; it takes whichever of the graded penalties in the earlier article applies to the facts and pushes it to the upper segment of that penalty's range. The word respectively is what carries that across all three gradings.

The hinge is the abuse of professional skill

The article does not aggravate the offence merely because the accused holds a licence. It requires that the person acted taking advantage of their scientific knowledge or skill. That phrase is the element the prosecution has to establish, and it is where a real dispute in such a case tends to sit. A professional who was involved in some way unconnected with the exercise of that skill does not fall within the aggravation by virtue of the profession alone. What was actually done, and whether professional competence was the means of doing it, is a question of evidence.

Assisting is enough

The provision reaches the professional who caused the abortion and equally the one who assisted in causing it. So a person who did not perform the procedure but lent professional skill to it is within the article's terms rather than outside them. This matters in clinical settings where several people are involved in a single episode and each may see their own role as peripheral. The article's structure suggests the opposite reading: the point at which professional knowledge is contributed is the point at which the aggravating element engages.

The criminal case is only one of the exposures

A physician or midwife in this position is facing more than the article. Professional regulation and any employment or hospital process run on their own tracks and answer to their own standards, and a statement made in one forum can surface in another. Clinical records, consent documentation and the operative account of what was done will be central everywhere. Anyone in this situation should get their own counsel before giving an account to anybody, and should not assume that the professional and criminal questions will resolve together.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.