G.R. No.

45186 September 30, 1936

The People of the Philippine Islands vs. Josefina Bandian

FACTS:

One morning on January 31, 1936, accused Josefina Bandian was seen by her neighbor Valentin Aguilar,
go to a thicket apparently to respond to the call of nature. Few minutes had passed when Bandian
emerged from the thicket with her clothes stained with blood, upon seeing this her neighbor rushed to
help her and brought her to her house to place her on her bed. Later, Comcom, who was called by Aguilar
to help them found a body of a newborn baby near a path adjoining the thicket where the appellant was
seen before. The accused claimed that the baby was hers. She was later accused by Dr. Emilio
Nepomuceno giving birth in her own house yet threw her child into the thicket in order to kill it.

ISSUE:

Whether or not the accused Josefina Bandian is guilty of infanticide.

RULING:

No. The accused was not held guilty of infanticide and was acquitted of the crime. Infanticide and
abandonment of a minor should be done willfully, consciously, and voluntarily however, evidences did
not show any causes that would lead the accused in killing or abandoning her own child. Apparently, she
had no idea of her childbirth, or if not, it did not occur to her or she was unable to, due to her condition
that time in which cause may be considered lawful or insuperable to constitute an exempting
circumstance in the revised penal code, article 12(7). It could be that she was overcome by strong
dizziness and extreme debility, the reason why she was unable to determine that she indeed gave birth
and unintentionally left it. Hence, she could not be blamed and be held liable of infanticide because it all
happened by mere accident, with no fault or intention in her part.