QUESTION: Mother, father want to abort pregnancy at 5 mons due to baby's rare congenital disease. Advice?
QUESTION: EMMA, pregnant, and JOKOL, very rich, were informed by their doctor, DR. MASTER BETH, that the baby inside Emma's body has a rare congenital disease which will cause it NON-STOP, excruciating pain the moment it gets born.
DR. MASTER BETH explained that the baby's skin is so sensitive to air that it would feel being burned every second of its life from the moment it comes in contact with air.
EMMA and JOKOL came to your for legal advice. They want to abort the baby at 5 months. What would be your advice?
RELEVANT LAW: ACT NO. 3815 or THE REVISED PENAL CODE (RPC). Below are the RPC's provisions related to abortion.
Article 256. 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. Unintentional abortion. - The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.
Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that 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 said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods.
Article 259. Abortion practiced by a physician or midwife and dispensing of abortives. - 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.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.
DR. MASTER BETH explained that the baby's skin is so sensitive to air that it would feel being burned every second of its life from the moment it comes in contact with air.
EMMA and JOKOL came to your for legal advice. They want to abort the baby at 5 months. What would be your advice?
RELEVANT LAW: ACT NO. 3815 or THE REVISED PENAL CODE (RPC). Below are the RPC's provisions related to abortion.
Article 256. 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. Unintentional abortion. - The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.
Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that 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 said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods.
Article 259. Abortion practiced by a physician or midwife and dispensing of abortives. - 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.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.