Infanticide is the killing of a child less than three days (72 hours) old. If the same act were committed against an older person, it would be parricide, murder, or homicide; infanticide is treated as its own crime with its own penalty because of the victim's age. A notable feature is that when infanticide (or abortion) is committed by the mother, or by the maternal grandparents, to conceal the mother's dishonor, the penalty is reduced. Abortion is the willful termination of pregnancy with the death of the fetus, and it takes several forms: intentional abortion (by a third person, with or without the woman's consent, with heavier penalties when without consent or with violence), unintentional abortion (caused by violence not intended to produce it), abortion practiced by the woman herself or by her parents, and abortion by a physician or midwife who takes advantage of their scientific knowledge. Philippine law does not generally recognize legal elective abortion, so these acts are criminalized, subject to the specific circumstances and mitigations the Code provides.
Infanticide
Infanticide is the killing of a child less than three days (72 hours) old. It is a distinct crime because of the victim's age — an older victim would make it parricide, murder, or homicide.
Concealment of Dishonor
When infanticide (or abortion) is committed by the mother, or the maternal grandparents, to conceal the mother's dishonor, the penalty is reduced.
Forms of Abortion
- Intentional abortion by a third person (heavier if without consent or with violence);
- Unintentional abortion (caused by violence not intended to produce it);
- Abortion by the woman herself or her parents; and
- Abortion by a physician or midwife abusing their knowledge.
Practical Takeaways
- Infanticide = killing a child under 72 hours old, a distinct crime;
- Concealment of dishonor by the mother/maternal grandparents mitigates;
- Abortion is criminalized in its several forms — the Philippines does not generally allow elective abortion.
Frequently Asked Questions
What is infanticide? The killing of a child less than three days (72 hours) old. It is a distinct crime because of the victim's age; the same act against an older person would be parricide, murder, or homicide.
Is the penalty lower if committed to hide dishonor? Yes. When infanticide or abortion is committed by the mother, or by the maternal grandparents, to conceal the mother's dishonor, the penalty is reduced.
What are the forms of abortion? Intentional abortion by a third person, unintentional abortion caused by violence, abortion by the woman herself or her parents, and abortion by a physician or midwife abusing their scientific knowledge.
Is elective abortion legal in the Philippines? Generally no. Philippine law does not recognize legal elective abortion, so these acts are criminalized, subject to the specific circumstances and mitigations the Code provides.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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