what are the current abortion laws

hi again. What are the current abortion laws do we have?

Hi capsule, the following are the provisions in the Revised Penal Code pertaining to abortion, to wit:

ARTICLE 256. INTENTIONAL ABORTION
ELEMENTS:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman;
3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom.
4. That the abortion is intended.

ARTICLE 257. UNINTENTIONAL ABORTION.
ELEMENTS:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman without intending an abortion
3. That the violence is intentionally exerted; and
4. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom

ARTICLE 258. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS.
ELEMENTS:
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended; and
3. That the 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.

ARTICLE 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES.
ELEMENTS:
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended;
3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion; and
4. That said physician or midwife takes advantage of his or her scientific
knowledge or skill

thanks. Im also confused from my legal med class about the distinction of infanticide and abortion. pls help me

hi capsule

The Distinctions between infanticide and abortion are as follows:

It is infanticide if the victim is already a person less that three days old or 72 hours and is viable or capable of living separately from the mother’s womb.

It is abortion if the victim is not viable but remains to be a fetus.

> Abortion is not a crime against the woman but against the fetus. If mother as a consequence of abortion suffers death or physical injuries, you have a complex crime of murder or physical injuries and abortion.

> In intentional abortion, the offender must know of the pregnancy because the particular criminal intention is to cause an abortion. Therefore, the offender must have known of the pregnancy for otherwise, he would not try an abortion.

> If the woman turns out not to be pregnant and someone performs an abortion upon her, he is liable for an impossible crime if the woman suffers no physical injury. If she does, the crime will be homicide, serious physical injuries, etc.

> Under the Article 40 of the Civil Code, birth determines personality. A person is considered born at the time when the umbilical cord is cut. He then acquires a personality separate from the mother.

> But even though the umbilical cord has been cut, Article 41 of the Civil Code provides that if the fetus had an intra-uterine life of less than seven months, it must survive at least 24 hours after the umbilical cord is cut for it to be considered born.

Illustration:

A mother delivered an offspring which had an intra-uterine life of seven months. Before the umbilical cord is cut, the child was killed.

If it could be shown that had the umbilical cord been cut, that child, if not killed, would have survived beyond 24 hours, the crime is infanticide because that conceived child is already considered born.

If it could be shown that the child, if not killed, would not have survived beyond 24 hours, the crime is abortion because what was killed was a fetus only.

> In abortion, the concealment of dishonor as a motive of the mother to commit the abortion upon herself is mitigating. It will also mitigate the liability of the maternal grandparent of the victim – the mother of the pregnant woman – if the abortion was done with the consent of the pregnant woman.

> If the abortion was done by the mother of the pregnant woman without the consent of the woman herself, even if it was done to conceal dishonor, that circumstance will not mitigate her criminal liability.

But if those who performed the abortion are the parents of the pregnant woman, or either of them, and the pregnant woman consented for the purpose of concealing her dishonor, the penalty is the same as that imposed upon the woman who practiced the abortion upon herself .

> Frustrated abortion is committed if the fetus that is expelled is viable and, therefore, not dead as abortion did not result despite the employment of adequate and sufficient means to make the pregnant woman abort. If the means are not sufficient or adequate, the crime would be an impossible crime of abortion. In consummated abortion, the fetus must be dead.

> One who persuades her sister to abort is a co-principal, and one who looks for a physician to make his sweetheart abort is an accomplice. The physician will be punished under Article 259 of the Revised Penal Code.

I hope I answered your question

thank you for the comprehensive answer. im impressed