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CRIMES AGAINST the CIVIL STATUS of persons

1. Simulation of births, Substitution of one child for another & concealment/abandonment of a legitimate child (347)
2. Usurpation of Civil Status (348)
3. Bigamy (349)
4. Marriage Contracted Against Provisions of Law (350)
5. Premature Marriages (351)
6. Performance of Illegal Marriage Ceremony (352)
347
must have for its object, the CREATION of a FALSE civil status
the purpose is to cause the loss of any trace as to the filiation of the child
1. SIMULATION of BIRTHS
2. SUBSTITUTION of one child for another
-

takes place when the woman PRETENDS to


be PREGNANT when in fact she is not, and
on the day of the supposed delivery, TAKES
the child of another as her own
in this case, the woman introduces a
stranger in the family & defrauds the
legitimate heirs
Principals:
1. The woman who SIMULATES birth; and
2. The one who FURNISHES the CHILD.
A woman who pretends to be pregnant &
simulates a birth, w/ no other purpose than to belie
the reputation that she is sterile BUT introduces no
strange child in the family & causes no child to lose
his civil status & in fact occasions no damageno
criminal liability

The fact that the child will be benefited by


the simulation of its birth is NOT a defense

Self-explanatory
May also be effected by placing a live child
of a woman in place of a dead child of
another woman

CONCEALMENT/ABANDONMENT of a
LEGITIMATE Child

1) The child must be LEGITIMATE;


2) O CONCEALS/ABANDONS such child; and
3) O has the INTENT to CAUSE such child to
LOSE its CIVIL STATUS.

The child must be legitimate and a fully


developed & living being as the child born not
capable of living has no status, nor can he
transmit any rights whatsoever.
The unlawful sale of a child by its father, is
NOT a crime under this article, because there
was NO abandonment in the sense of leaving
the child at a public place where other people
may find it, causing the child to lose its civil
status.

Abandon the practice of abandoning new-born


infants & very young children at the door of
hospitals, churches & other religious institutions.

Concealing a legit child must be for the purpose


of causing it to lose its civil status.

When is abandonment of a minor a


Crime against security
Crime against the civil
(276)
status of a person
Offender must be one
Offender is ANY person.
who has the CUSTODY
of the child
Purpose:
Purpose:
To avoid the obligation
To cause the child to
of rearing & caring for
lose its civil status
the child.
BUT when the act of the offender is an attempt
against its life (like when a newborn is taken to &
left in the midst of a forest, & it was found by a
hunter who took it home) Attempted

Infanticide
A PHYSICIAN/SURGEON/P.O who COOPERATES in the execution of any of these crimes, is also liable if he acts in violation of the duties of his profession or
office.

348 USURPATION of CIVIL STATUS


Committed when a person REPRESENTS himself to be another & ASSUMES the FILIATION or PARENTAL/CONJUGAL rights of such other person.

Usurpation of PROFESSION may be punished under this article.


Reason: Civil Status includes ones public station, or the Rs, duties, capacities & incapacities w/c determine a person to a given class. It includes ones
profession.
There must be INTENT to ENJOY the RIGHTS arising from the civil status of another. Otherwise,Assuming or using a fictitious name (178) or Estafa
(315)

QC: The penalty is heavier when the purpose of the impersonation is to DEFRAUD the offended party or his heirs.
ILLEGAL MARRIAGES
349 BIGAMY

1) O has been LEGALLY MARRIED;


2) M has NOT been legally DISSOLVED or, in case his/her SPOUSE
is ABSENT, the absent spouse could NOT yet be PRESUMED
DEAD accdg to the CC;
3) He CONTRACTS a 2ND or SUBSEQUENT MARRIAGE;
4) The 2nd/SUBSEQ M has ALL the essential requisites for VALIDity.

The FIRST M must be VALID.


The fact that M1 is void from the beginning is NOT a defense in
a bigamy charge (because Art 40 of the FC states that the
absolute nullity of a previous M may be invoked for purposes of
remarriage on the basis solely of a FINAL JUDGMENT declaring
such previous M void).
as w/ a Voidable M1, there must be a JDNM before contracting
M2.
If the accused, in contracting the 2nd M, acted on the honest
belief that he was lawfully divorced form his 1st wifeBigamy
through reckless imprudence
Divorce by a Moro datu accdg to their customs is NOT
recognized.
In the case of the absentee spouse, a summary proceeding for
the declaration of presumptive death of the absent spouse is

350 M contracted AGAINST


provisions of LAWS

351 PREMATURE
Marriages

1) O- CONTRACTED M;
2) He KNEW at the time that:
a) The REQUIREMENTS
of the law were NOT
COMPLIED w/; or
b) The M was in
DISREGARD of a
LEGAL IMPEDIMENT
QC: If either of the contracting
parties OBTAINS CONSENT of
the other thru VIFQualified
Illegal Marriage
O must NOT be guilty of
BIGAMY.

1.

Requirements of a valid of M
1. Legal CAPACITY of the
contracting parties who
must be male & female;
2. CONSENT freely given in
the presence of the
solemnizing officer;
3. Valid M-LICENSE in
marriages of
exceptional character
4. Marriage CEREMONY

352
Performance of
ILLEGAL
MARRIAGE
CEREMONY

A WIDOW who married w/in


301 days from the date of
the death of her husband,
or before having delivered
if she is pregnant at the
time of his death;
2. A woman who, her M
having been
ANNULLED/DISSOLVED,
married before her delivery
before the expiration of
301 days after the date of
the legal separation.
Reason for fixing 301 days (10
months): admits the possibility
that a woman may be in
pregnancy for more than 9
months.
Reason for requirement: to
prevent doubtful paternity.
the 301-day period may be
disregarded if the first husband
was impotent or sterile.

301-day period is
important only for cases

The offender
must be
AUTHORIZED to
solemnize
marriages. If
NOT
authorized
Usurpation of
authority or
official
functions
A clergyman
who performed
a M ceremony,
NOT KNOWING

required before the surviving spouse can remarry.


M2 must have all the essential requisites for validity were it not
for the subsistence of M1.
Validity of M2 is a prejudicial question to liability for bigamy,
and a judgment of its annulment precludes verdict of guilt in the
charge of bigamy.
The 2nd spouse is NOT necessarily liable for bigamy, BUT if s/he
KNEW of the 1st M, Accomplice
The WITNESS who falsely vouched for the capacity of either of
the contracting partiesAccomplice unless such attestation
is merely to the marriage ceremony and not an assertion as to
the personal condition/status of the contracting parties.
A person convicted of Bigamy may still be prosecuted for
Concubinage.

M contracted by minors
who had legal capacity is
valid.
Violation of this article
involves moral turpitude

where the woman is NOT


pregnant.
If she is pregnant at the
time she becomes a widow,
the prohibition is only up to
her delivery.

that one of the


contracting
parties is a
minor, is NOT
liable.