Killing an unborn child

Abortion or the killing of the unborn fetus conceived in the womb of a woman is punishable under the Revised Penal Code. It may be intentional by using violence upon a woman, or even without violence by using drugs or beverages or potion without the consent of the woman. It is punishable with imprisonment ranging from six years and 1 day to 12 years. This is illustrated in this case of Elmer and Pam.

Elmer and Pam are husband and wife with one son named Dan. More than 15 years after Dan’s birth, Pam conceived a child once again. It seems however that her pregnancy is quite difficult this time as she was frequently encountering pains and aches in her body.

The child in Pam’s womb was a sort of a fish demon (which he called a balat). Because of Pam’s difficult pregnancy, Elmer consulted a friend Jaime who was known in their place as a faith healer. Jaime thus accommodated Elmer’s request for help and examined Pam. He gave Pam a potion composed of herbs for the purpose of relieving her of said fish demon. Pam drank the potion without knowing its effects. But two hours after taking the supposed medicine she gave birth to a child three months in advance of the full period of gestation.

After the child’s premature birth, Jaime then destroyed it by fire with the permission and aid of Elmer and Dan because he still believed or pretended to believe that the infant was a fish-demon which had taken a human form and still capable of doing mischief.

Because of what happened, Pam filed a complaint of intentional abortion against Jaime. And after trial the lower court found Jaime guilty as charged based on the testimonies of the prosecution witnesses, and sentenced him accordingly. But Jaime still appealed this ruling by contending that there is no evidence on record disclosing the character and medicinal qualities of the potion as to show that it was the cause of the abortion.

The Supreme Court however ruled that the facts established by the prosecution witnesses constitute conclusive evidence of Jaime’s intent to give the herb potion to Pam so as to cause its premature birth. The SC said that Jaime failed to rebut the testimony of Pam and thus he is indeed guilty beyond reasonable doubt of intentional abortion in violation of Article 410 paragraph 3 of the Old Penal Code (Now Article 256 (2) of the Revised Penal Code) So Jaime was sentenced to imprisonment of six years and 1 day to 12 years (U.S. vs Boston, G.R. 4795, November 23, 1908).