In the Philippine legal landscape, the protection of the unborn is not merely a policy preference but a constitutional mandate. Article II, Section 12 of the 1987 Constitution explicitly states that the State "shall equally protect the life of the mother and the life of the unborn from conception." This constitutional bedrock informs the penal provisions of Act No. 3815, otherwise known as the Revised Penal Code (RPC), which criminalizes abortion in all its forms.
While Articles 256, 257, and 259 deal with those who practice or assist in the procedure (intentional and unintentional abortion), Article 258 specifically addresses the liability of the woman herself and her parents.
Understanding Article 258: Abortion Practiced by the Woman or by Her Parents
Article 258 of the RPC penalizes three distinct scenarios involving the pregnant woman and her immediate family. The law distinguishes between a woman who procures her own abortion and those who facilitate it to "conceal her dishonor."
1. Abortion by the Woman Herself
The law imposes the penalty of prision correccional in its medium and maximum periods (2 years, 4 months, and 1 day to 6 years) upon:
- Any woman who shall practice an abortion upon herself; or
- Any woman who shall consent that any other person should do so.
The essence of this crime is the destruction of the fetus in the womb or the premature expulsion thereof that causes its death.
2. Abortion to Conceal Dishonor (Mitigating Circumstance)
A unique provision in Article 258 allows for a lower penalty—prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months)—if the abortion was committed by the woman "to conceal her dishonor."
Philippine jurisprudence traditionally interprets "dishonor" in the context of Victorian-era morality, usually referring to a pregnancy resulting from an illicit or "scandalous" relationship. However, it is important to note that even with this mitigation, the act remains a crime.
3. Liability of the Parents
The third paragraph of Article 258 extends liability to the parents of the pregnant woman. If the abortion is performed by the parents (or either of them) with the consent of the woman and for the purpose of concealing her dishonor, they are subject to the penalty of prision correccional in its medium and maximum periods.
Note: If the parents act without her consent, or if the motive is not to conceal dishonor, they would be charged under the more severe Article 256 (Intentional Abortion), which carries the penalty of reclusion temporal.
Key Elements for Prosecution
To secure a conviction under Article 258, the prosecution must establish the following:
- Pregnancy: That the woman was pregnant at the time of the act.
- Abortion: That an abortion was practiced (either by the woman or a third party with her consent).
- Death of the Fetus: That the fetus died as a result of the procedure, whether inside the womb or after being expelled.
Jurisprudential Context and the "No Exception" Rule
Unlike many other jurisdictions, Philippine law and jurisprudence do not explicitly provide for a "therapeutic exception." There is no written statute that exempts abortion from criminal liability even if the mother’s life is at risk.
However, legal scholars often point to the "Justifying Circumstance" of State of Necessity under Article 11, Paragraph 4 of the RPC. This provision states that no crime is committed when a person does an act to avoid an evil or injury, provided the evil sought to be avoided actually exists and is greater than that done to avoid it. While the Supreme Court has not issued a definitive ruling broadly authorizing therapeutic abortion, this remains the primary legal theory for defense in life-threatening medical emergencies.
Summary Table of Penalties
| Actor | Circumstance | Penalty (RPC) |
|---|---|---|
| Pregnant Woman | Standard Abortion | Prision correccional (Med. to Max.) |
| Pregnant Woman | To conceal dishonor | Prision correccional (Min. to Med.) |
| Parents | With woman's consent; to conceal dishonor | Prision correccional (Med. to Max.) |
The Role of Medical Practitioners (Article 259)
While Article 258 focuses on the woman, Article 259 adds a "professional" layer of liability. If a physician or midwife provides the means for the abortion or assists in it, they are subject to the maximum period of the applicable penalty and, crucially, permanent disqualification from practicing their profession. This highlights the State's intent to deter medical professionals from utilizing their skills to terminate pregnancies.