Under Philippine law, abortion is treated as a crime against persons, and that shapes who may start a criminal case and how the State prosecutes it. This article walks through the entire framework: the statutory basis, who can complain, who actually files the case in court, the roles of the pregnant woman and her relatives, the role of doctors and hospitals, and what happens if the complainant later backs out.

I. Legal Framework: Abortion as a Crime in the Philippines

1. Criminalization under the Revised Penal Code

Abortion as a criminal offense in the Philippines is primarily governed by the Revised Penal Code (RPC):

Article 256 – Intentional Abortion
Article 257 – Unintentional Abortion
Article 258 – Abortion Practiced by the Woman Herself or by Her Parents
Article 259 – Abortion by a Physician or Midwife and Dispensing of Abortifacients by a Pharmacist

Key points:

Abortion is a “crime against persons.” It is classified in the RPC under Title VIII (Crimes Against Persons), not as a “private crime.” This matters a lot when we ask who may file a case.
Multiple possible accused. Depending on the facts, the accused might be:
- The woman herself (self-induced or consenting to abortion),
- Her parents or relatives who caused or assisted the abortion,
- A physician, midwife, or other health professional,
- Any person who causes intentional or unintentional abortion through violence,
- A pharmacist who dispenses abortifacients knowing they will be used for abortion.
Abortion is prosecuted in the name of the State. Criminal cases are always captioned as “People of the Philippines v. [Accused]”, regardless of who originally complained.

Because abortion is a public crime (also called a crime prosecuted de oficio), the State has the primary and ultimate interest in prosecution, not just the private complainant.

II. How Criminal Cases Are Started in General

To understand “who may file” a criminal case for abortion, you need to distinguish between:

Reporting / Filing a Complaint (investigation stage), and
Filing the Criminal Case in Court (trial stage).

1. Complaint vs Information

Under the Rules of Court (Rule 110):

A complaint is a written statement under oath, alleging that a person has committed an offense. It may be signed by:
- The offended party,
- A peace officer, or
- A public officer charged with the enforcement of the law.
An information is a written accusation filed in court by a public prosecutor (fiscal). This is what actually starts the criminal case in court in almost all serious offenses.

So:

Complaint → usually filed with the prosecutor’s office or police → triggers investigation.
Information → filed with the court by the prosecutor → officially starts the criminal action in court.

2. Public Crimes vs Private Crimes

The Rules of Court and the Revised Penal Code distinguish between:

Private crimes – where only the offended party (or certain specified relatives) can file a complaint (e.g., adultery, concubinage, seduction, abduction, rape, acts of lasciviousness under Article 344).
Public crimes – all other offenses, which are prosecuted in the public interest, and can be initiated even if the offended party is silent or uncooperative.

Abortion is not listed as a private crime. Therefore, abortion is a public crime, and the rules for private crimes (where only specific persons can complain) do not apply.

This is the key doctrinal point: there is no exclusive “authorized complainant” for abortion cases.

III. Who May Start a Criminal Case for Abortion? (Stage by Stage)

A. During Investigation: Who May File a Complaint or Report?

At the pre-court stage (police or prosecutor investigation), many different persons may “file” the case in the sense of initiating the criminal process.

1. The Pregnant Woman (Offended Party)

If the woman is forced, deceived, battered, or otherwise harmed, she is clearly an offended party and can:

File a criminal complaint with:
- The police,
- The National Bureau of Investigation (NBI), or
- The Office of the City/Provincial Prosecutor (through a complaint-affidavit).

Examples:

She was beaten by a partner or stranger, resulting in a miscarriage (unintentional abortion under Art. 257, or intentional violence that caused abortion under Art. 256).
A doctor or abortionist performed the procedure without fully informed consent, or with vitiated consent (threat, intimidation, etc.).

If the woman is a minor or legally incompetent, her parents, guardian, or legal representative can file on her behalf.

2. Relatives of the Woman or the Unborn

Because abortion is a public crime, the law does not restrict complaint-filing to the woman herself. In practice, the following may file complaints:

Husband or partner of the pregnant woman,
Parents or grandparents of the woman,
Siblings,
Potentially even other relatives or household members who have personal knowledge of the act.

Their role is as complainants or witnesses, but the offended party remains the woman and/or the unborn child (as recognized in law, e.g., under the Civil Code for purposes of succession, and under special statutes that refer to the unborn).

Relatives might file a complaint when, for example:

The woman dies in a suspected abortion procedure.
The woman is unconscious or medically unable to act.
The woman is under family control or pressure, but at least one relative wants legal action.

3. Any Person with Personal Knowledge

For public crimes, any person with personal knowledge may file a criminal complaint or report. This can include:

A friend or neighbor who witnessed the act or its immediate effects,
A social worker,
A barangay official,
A co-worker, roommate, or landlord.

In real life, prosecutors will treat this person as a complaining witness. The prosecutor will still assess whether there is probable cause based on evidence, not just the complaint itself.

4. Police Officers and Other Law Enforcers

Law enforcers may initiate the case themselves by:

Conducting an investigation (e.g., upon reports from hospitals, barangays, or anonymous tips),
Taking sworn statements (complaint-affidavits) from witnesses,
Submitting their own complaint-affidavit to the prosecutor.

Police and NBI agents are specifically recognized in the Rules of Court as peace officers who may file complaints.

They may also effect an in-flagrante delicto arrest (citizen’s arrest or police arrest) if the crime is being committed or has just been committed, e.g.:

A raid on an alleged “abortion clinic,”
A person caught administering abortifacients with evident intent.

5. Public Officers Charged with Law Enforcement

Beyond ordinary police officers, other public officers tasked with enforcing particular laws (for example, health regulations or local ordinances) may:

Receive reports,
Conduct inspections or investigations, and
File complaints with the prosecutor.

They might not be the main enforcement body for abortion itself, but if their mandate intersects with the facts (e.g., illegal clinics, health facility licensing violations), they may uncover evidence that supports an abortion charge.

B. Who Actually Files the Criminal Case in Court?

Here is the critical distinction: no private individual directly “files a criminal case” for abortion in court in the formal legal sense.

In the Philippine criminal justice system:

Only the public prosecutor (fiscal) files the information in court in almost all non-private crimes, including abortion.
The case title is always “People of the Philippines v. [Accused].”

Steps, simplified:

A complaint or report is filed (by the woman, relatives, police, or any person).
The prosecutor conducts:
- Inquest (for warrantless arrests) or
- Preliminary investigation (for non-inquest cases).
If probable cause is found:
- The prosecutor drafts and files an information in the proper trial court.
That filing is what legally counts as “filing the criminal case.”

So in strict legal terms:

Who “files the criminal case” for abortion? The public prosecutor, on behalf of the People of the Philippines.

Everyone else initiates or assists the process by filing complaints and providing evidence.

IV. Offended Party, Standing, and Special Situations

1. Who Is the Offended Party in an Abortion Case?

Depending on the circumstances, the “offended party” (for purposes of rights in criminal procedure and the attached civil action) may be:

The pregnant woman, if:
- The abortion was forced or caused against her will, or
- She suffered injuries or death from the procedure; or
The unborn child/fetus, represented by:
- The parents,
- Heirs, or
- Legal representatives.

If the woman herself is the one who procured or consented to the abortion (e.g., under Article 258), her position is more complex: she might be both an accused and, in moral terms, a person whose bodily integrity and socio-economic vulnerability are implicated. Legally, however, the State is still the prosecuting party, and she is primarily classified as an accused in that scenario.

2. If the Woman Is a Minor or Incompetent

When a pregnant girl is a minor:

Her parents, guardian, or legal representative may file the complaint.
If those relatives are themselves involved in the alleged offense (e.g., a parent forced the abortion), other relatives, social workers, or law enforcers may step in.

3. If the Woman Is Deceased

If the woman dies due to complications or intentional harm related to an abortion:

Her heirs (spouse, children, parents) may file the complaint.
The prosecutor may pursue charges for:
- Abortion,
- Homicide or murder (depending on intent),
- Complex crimes (e.g., homicide with unintentional abortion),
- And related offenses (e.g., illegal practice of medicine).

Again, the heirs do not themselves file the information in court; they initiate the process and appear as private complainants for both criminal and civil aspects.

V. Role and Rights of the Complainant / Private Offended Party

Even if the complainant does not control the case the way a plaintiff does in a civil suit, the offended party or complainant has significant rights.

1. At the Prosecutor’s Level

The complainant (woman, relative, or other person):

Submits a complaint-affidavit and supporting evidence.
May be called for clarificatory questioning.
Has the right to be informed of:
- The prosecutor’s resolution (whether to file or dismiss).
If the complaint is dismissed, may seek review (e.g., petition for review with the Department of Justice, subject to rules and time limits).

However:

The discretion to determine probable cause lies with the prosecutor, not the complainant.
The complainant cannot compel the prosecutor to file an information.

2. At the Trial Court

If the information is filed and the case proceeds to court:

The offended party may join the civil action for damages within the criminal case (this is common in RP practice).
A private prosecutor (a lawyer engaged by the offended party) may appear under the control and supervision of the public prosecutor.

The offended party (or heirs) may claim:

Moral damages,
Actual damages (e.g., medical expenses, funeral costs),
Exemplary damages, and other forms allowed by law, depending on the facts.

But the case remains “People v. Accused,” and the public prosecutor remains in charge of the criminal aspect.

VI. Can the Case Continue if the Complainant Withdraws?

Because abortion is a public crime, the withdrawal or lack of interest of the complainant does not automatically stop the case.

Key principles:

Desistance (pag-uurong ng kaso) is not binding on the prosecutor or the court. It may have evidentiary value (e.g., a key witness is now unwilling), but it is not a legal ground to dismiss if there is still sufficient evidence.
Once the information is filed:
- The case is under the control of the court as to dismissal or acquittal,
- The public prosecutor has the duty to prosecute to its conclusion, unless the court allows withdrawal of the information.

Therefore, even if:

The woman changes her mind about prosecuting,
Her relatives reconcile with the accused, or
There is family pressure to avoid scandal,

the State may still continue with the case if it has enough evidence.

This distinguishes abortion sharply from private crimes (like adultery), where the initial complaint by the offended party is indispensable and its withdrawal may bar or end the case.

VII. Interaction with Health Facilities and Health Professionals

1. Doctors, Midwives, and Hospitals as Accused or Witnesses

Under Article 259 of the RPC:

Physicians, midwives, and pharmacists can be principal accused if they:
- Perform or assist in an abortion, or
- Dispense abortifacients with knowledge of their intended use.

However, they can also appear as:

Witnesses (for the prosecution or defense),
Custodians of medical records,
Sources of expert testimony (e.g., on cause of miscarriage).

2. May Health Workers “File a Case”?

Yes, in the same sense as other private persons:

A doctor, nurse, or other health worker who has personal knowledge of facts indicating a criminal abortion may file a complaint or report to authorities.
Hospital administrators may report suspicious cases involving possible criminal acts (e.g., violence leading to unintentional abortion; death due to clandestine procedures).

3. Confidentiality vs Reporting

There is a tension between:

Medical confidentiality, and
The general authority of the State to investigate public crimes.

While there is no general rule that every suspected illegal abortion must be reported by medical personnel, health workers may be summoned via:

Subpoena for testimony or records,
Court orders requiring production of documents.

In practice, many discussions and policies aim to protect access to post-abortion care and encourage women to seek medical help without fear, but such policies operate within the overarching framework that abortion remains a criminal offense in the RPC.

VIII. Summary: Who May File a Criminal Case for Abortion?

Putting it all together:

Any person who has personal knowledge of the facts – including the pregnant woman, her relatives, friends, neighbors, social workers, barangay officials, health workers, and law enforcers – may file a complaint or report with the police, NBI, or prosecutor’s office.
Police and other law enforcers may initiate investigations and file their own complaint-affidavits, especially if they catch the act in flagrante or uncover it in the course of other operations.
The pregnant woman herself can complain if the abortion was forced, non-consensual, or caused by violence; if she is a minor or incompetent, her parents or guardian can act in her stead.
Relatives and heirs (spouse, parents, children) may complain, especially if the woman is dead or unable to act.
However, the actual criminal case in court is filed only by the public prosecutor, through an information in the name of the People of the Philippines. No private individual directly files the formal criminal action for abortion in court.
Once filed, the case belongs to the State, and the withdrawal of the complainant does not automatically terminate the case, since abortion is a public crime, not a private one.

IX. Practical Takeaway

In Philippine law, the question “Who may file a criminal case for abortion?” is really two questions:

Who may initiate or trigger the criminal process? → Practically anyone with sufficient knowledge can file a complaint or report, including the pregnant woman, her relatives, any witness, and law enforcers.
Who actually files the case in court? → Only the public prosecutor, via an information in the name of the People of the Philippines.

Understanding this distinction clarifies why abortion cases are fundamentally matters of public prosecution, not private disputes, and why the State retains wide discretion to investigate and prosecute abortion regardless of private pressures or changes of heart by individual complainants.