In the Philippine legal landscape, the killing of a pregnant woman is a complex intersection of crimes against persons and crimes against the fundamental right to life. The liability of the perpetrator is determined by the intent, the method of killing, and the status of the unborn child. Under the Revised Penal Code (RPC) and special penal laws, such acts are prosecuted with significant severity.
1. The Primary Charge: Murder or Homicide
The fundamental liability arises from the death of the woman herself. Depending on the circumstances surrounding the killing, the perpetrator will be charged with either Murder or Homicide.
- Murder (Article 248, RPC): If the killing is attended by any of the qualifying circumstances—such as treachery (alevosia), evident premeditation, cruelty, or taking advantage of superior strength—it is classified as murder. The penalty is reclusion perpetua.
- Homicide (Article 249, RPC): In the absence of qualifying circumstances, the charge is homicide, punishable by reclusion temporal.
2. Liability for the Death of the Fetus: Abortion
When a pregnant woman is killed, the fetus almost invariably dies as well. In Philippine law, the death of the fetus is treated as Abortion, even if the primary intent was to kill the mother.
The RPC classifies abortion into several categories depending on the use of violence and intent:
- Intentional Abortion (Article 256): If the perpetrator specifically intended to cause the abortion while killing the mother, they may be liable for the complex crime of Murder/Homicide with Intentional Abortion.
- Unintentional Abortion (Article 257): This occurs when violence is inflicted on the woman without the specific intent to kill the fetus, but the violence is so severe that it causes the death of the unborn child. This is the most common supplementary charge when a pregnant woman is murdered.
Legal Principle: Under Article 48 of the RPC, when a single act constitutes two or more grave or less grave felonies (a "complex crime"), the penalty for the most serious crime shall be imposed, applied in its maximum period.
3. The Question of Parricide
If the perpetrator is the father of the unborn child and is legally married to the pregnant woman, the killing of the woman is classified as Parricide (Article 246), which carries the penalty of reclusion perpetua to death (though the death penalty is currently suspended).
However, Philippine law does not recognize parricide regarding the fetus, as the fetus is not yet considered a person with full civil personality under the Civil Code. Therefore, the death of the fetus remains a charge of Abortion.
4. Infanticide vs. Abortion
The distinction between these two depends on the moment of death:
- Abortion: The fetus dies inside the womb or is expelled and dies before it can be considered a "person."
- Infanticide (Article 255): If the child is born alive (even if only for a few moments) and then killed, the crime is Infanticide, provided the child is less than three days old (72 hours).
5. Aggravating Circumstances
The pregnancy of the victim can serve to aggravate the penalty for the killing of the mother.
- Disregard of Sex: If the killing is committed with specific insult or disregard of the victim's womanhood, it can be an aggravating circumstance.
- Cruelty: If the perpetrator deliberately augmented the suffering of the victim by focusing violence on the abdomen to cause the death of the fetus before the mother, it may be considered "cruelty" (ensañamiento), qualifying the crime to Murder.
6. Special Laws and Protection
Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act): If the victim is a woman with whom the perpetrator has or had a sexual or dating relationship, or with whom he has a common child, the killing is framed within the context of VAWC. While the penalities in the RPC still apply, RA 9262 provides a broader framework for protecting women from such violence and can influence the gravity of the prosecution's approach.
Summary Table of Liability
| Scenario | Primary Charge | Secondary/Complex Charge |
|---|---|---|
| Killing with Treachery | Murder | Unintentional Abortion |
| Killing without Qualifying Circumstances | Homicide | Unintentional Abortion |
| Killing of Legal Spouse | Parricide | Unintentional Abortion |
| Intentional Killing of Fetus + Mother | Murder/Homicide | Intentional Abortion |
In the eyes of Philippine law, the killing of a pregnant woman is a dual tragedy: a violation of the mother's life and the summary termination of a potential life, resulting in some of the highest penalties prescribed by the penal system.