Art. 258.

Abortion practiced
by the woman herself or
by her parents.
Depalubos, Prince Lloyd
Art. 258. Abortion practiced by the woman
herself or by her parents.
• The penalty of prision correccional in its medium and maximum
periods shall be imposed upon a woman who shall practice abortion
upon herself or shall consent that any other person should do so.
• Any woman who shall commit this offense to conceal her dishonor,
shall suffer the penalty of prision correccional in its minimum and
medium periods.
• If this crime be committed by the parents of the pregnant woman or
either of them, and they act with the consent of said woman for the
purpose of concealing her dishonor, the offenders shall suffer the
penalty of prision correccional in its medium and maximum periods.
ELEMENTS:
• 1. That there is a pregnant woman who has suffered an abortion.
• 2. That the abortion is intended.
• 3. That the abortion is caused by—
• the pregnant woman herself;
• any other person, with her consent; or
• any of her parents, with her consent for the purpose of concealing her
dishonor.
The woman is liable if she "shall consent
that any other person should do so."
• Note that the woman is liable under Art. 258 either (1) when she
shall practice an abortion upon herself, or (2) when she shall consent
that any other person should do so.
Only the woman or any of her parents is liable under Art. 258,
if the
purpose of the latter is to conceal her dishonor.

• Abortion committed by the woman upon herself or by any other

person with her consent, (par. 1);
• Abortion by the woman upon herself to conceal her dishonor. (par. 2);
• Abortion by any of the parents of the woman with the latter's consent
to conceal her dishonor, (par. 3)
Liability of pregnant woman is mitigated if
purpose is to conceal dishonor.
• If the purpose of the pregnant woman is to conceal her dishonor, the
penalty is lower. (Art. 258, par. 2).

• The reason for the mitigated responsibility is that when a woman

becomes pregnant out of an illicit relationship, excited and obfuscated
by the fear of her dishonor being made public, she either practices
abortion upon herself or consents that any other person does so, to
erase the traces of her mistake.
No mitigation for parents of pregnant woman
even if the purpose is to conceal dishonor.
• If committed by any of the parents of the pregnant woman and with
the consent of such woman to conceal her dishonor, the penalty is
the same as that for the woman who practiced abortion upon herself
without such purpose of concealing her dishonor. (paragraphs 1 and 3
of Art. 258)
• There is no mitigation for the parents of the pregnant woman, unlike
in infanticide.