ABORTION

Abortion
The Revised Penal Code does not
define abortion, but merely mentions
circumstances which makes abortion
criminal and punishable.

In the legal viewpoint, abortion is the

willful killing of the fetus in the
uterus, or violent expulsion of the
fetus from the maternal womb and
which results to the death of the fetus.
Principal Elements of the
Crime
1. That the expulsion of the product of conception is
induced.
2. That the fetus dies either as an effect of the violence
used, drug administered or the fetus was expelled
before the term of its viability.

Viability is the point at which the fetus is potentially able to live

outside the mother’s womb, albeit with respiratory aid.
Clinical Types of Abortion
Missed
Abortion
• An ovum destroyed by hemorrhage into
the choriospace, usually before the fourth
month of pregnancy. The hemorrhage
takes place from the maternal sinuses into
the decidua. This is usually followed by
the death with maceration or absorption
of the product of the conception.
• An abortion that occurs when the fetus
dies and is retained in the utero,
together with the placenta and
membranes.
• The picture on the right shows an
ultrasound showing a case of missed
miscarriage of about 7 to 8 weeks.
Threatened
Abortion
• Hemmorhage without dilation of the
internal os. Hemmorhage in early
stage of pregnancy may be due to
causes other than threatened
abortion, e.g., ectopic pregnancy,
cervical polyp, extensive erosion of
the cervix, etc.
• A condition in the cervix is not
dilated, and abortion may or may not
occur; this is the presumed
diagnosis when any bloody vaginal
discharge or vaginal bleeding
occurs in the first half of
pregnancy.
Inevitable
Abortion
• Hemmorhage without dilation of the
internal os and presence of
rhythmical pain. It may end by
spontaneous expulsion of the
product of conception or may require
medical intervention. Hemorrhage
and infection are the potential
complications.
• A condition in which vaginal bleeding
has been profuse, membranes
usually show gross rapturing, the
cervix has become dilated, and
abortion is almost certain.
Incomplete
Abortion
• Not all the product of conception has
been expelled from the uterus;
fragments or portions of which is
retained. This will prevent contraction
of the uterus and consequently
uncontrolled bleeding will develop.
• Removal of the retained fragment
must be done to avoid too much loss
of blood.
• A condition in which parts of the
products of conception are
retained in the uterus.
Complete
Abortion
• The whole product of
conception is expelled.

• Illustration A is an example
of complete abortion while
Illustration B shows an
incomplete abortion.
Causes of Abortion
1.Death of the fetus
2.Abnormality of the uterus
3.Emotional condition—fright, grief
and anger
4.Abortificient drugs
5.Trauma
6.Hormonal deficiency
7.Acute specific fever and high
temperature
Kinds of Abortion
Spontaneous or Natural
Abortion
Spontaneous or Natural
Abortion
• Abortion which occurs without any form of
inducement or intervention
Induce
d
Aborti
Induced Abortion
• Abortion which will not take place had it not
been for any some form of inducement or
intervention.
Induced
Abortion
How abortion is induced:
1. By general violence:
This includes intentional
violence, as exerting strong
physical efforts in sports or
exercising, strong pressure
applied on the abdomen, and
other forms of strenuous and
exhaustive exercises.
Induced
Abortion
How abortion is induced:
2. By local violence:
Local violence may be applied in
any portion of the generative
organ. This is usually resorted to
when general violence and the use
of drug fails to give the desired
result.
*e.g. use of douche of warm and
cold water, injection of fluid into
the uterine cavity, use of soft
rubber inserted into the cervix,
dilation of the cervix by
instrumentation.
Induced
Abortion
How abortion is induced:
3. By the use of drugs:
This is the most common
method resorted to by women
to produce abortion. There is
no drug or combination of
drugs which when taken by
mouth or parentally will cause
the healthy uterus to empty
itself without endangering the
life of the woman.
Induced Abortion
Drugs Commonly Used for Abortion:
I. Drugs acting directly on the uterus
1. Emmenagogues
• substances which increases the menstrual flow. The
manner it promotes menstrual flow may be its direct
effect on the uterus or indirectly by increasing bodily
tone.
Induced Abortion
Drugs Commonly Used for Abortion:
2. Ecbolics
• substances which when taken cause death or
expulsion of the product of conception by stimulation of
uterine muscles
Induced Abortion
Drugs Commonly Used for Abortion:
II. Drugs acting reflexly through the genito-urinary
tract
• these are the drugs which produces irritation of the genito-
urinary tract and reflexly incite uterine contraction.
• e.g. oil of pennyroyal, oil of tamsy, oil of turpentine
Induced Abortion
Drugs Commonly Used for Abortion:
III. Drugs acting reflexly through the gastro-intestinal
urinary tract
• drugs whose principal site of action is the gastro-intestinal
tract but may cause uterine contraction due to its reflex action.
• e.g. castor oil, magnesium sulphate, croton oil
Induced Abortion
Drugs Commonly Used for Abortion:
IV. Drugs having poisonous effects in the whole body
• drugs whose manner of action is not localized in certain
tissues or organs but in the whole body.
• e.g. animal, vegetable and mineral irritant poisons.
Induced
Abortion
How abortion is induced:
4. By surgical intervention:
This is a method of abortion by
the application or the use of
instrument by gynecologist or
by surgeon. Surgical
intervention may be:
a. Dilation and curettage
b. Surgical abdominal
route (hysterolaparotomy)
Induced
Abortion
How abortion is induced:
5. Modern methods of inducing or
procuring abortion:
a. Amniocentesis: Intrauterine
injection of hypertonic saline or
glucose solution. The needle is
inserted in the abdominal wall or
vaginal route.
b. Vacuum suction (commonly
known as menstrual regulation):
The suction apparatus will create
a negative pressure sufficient to
detach and brake up the products
of conception.
Kinds of Induced Abortion
Therapeutic abortion
• Abortion purposely done to preserve the life of
the mother. Preservation of the health of the
mother may also be a ground to induce
therapeutic abortion. The phrase “to preserve the
life of the woman” does not only mean to
preserve the life of the woman from death.
• The law allows this under some specific
justifications.
Therapeutic
Abortion
Article 11, No. 4, Revised Penal Code
Any person who, in order to avoid an evil or
injury, does an act which causes damage to
another, provided that the following requisites
are present:
First, that the evil sought to be avoided
actually exists;
Second, that the injury feared be
greater than that done to avoid it;
Third, that there be no other practical
and less harmful means of preventing it.
Therapeutic
Abortion
• In the performance of an abortion, two
lives are involved, namely, the life of the
mother and the life of the fetus. One life
must be sacrificed to save the life of
another in case of therapeutic abortion.
• The evil sought to be avoided is the
danger on the life of the mother if such
pregnancy will be allowed to continue.
Such evil may be infection, organic
condition or abnormality existing on the
person of the woman and which under
ordinary course of event will cause death.
Therapeutic
Abortion
Justifiable Grounds:
1. Cardio-vascular conditions
2. Renal conditions
3. Pulmonary conditions
4. Blood condition
5. Gynecological conditions
6. Organic nervous conditions
7. Diabetes, exophthalmic goiter
8. Hereditary conditions as insanity
Therapeutic
Abortion
Safeguards to be Observed by Physician
in Performing Therapeutic Abortion:
1. The lawful abortion must be
performed by a licensed physician or
surgeon.
2. In order to be justifiable, it must be
performed to save life or to preserve
the health of the mother. A physician
must exercise due diligence in
considering a disease or a
combination of diseases or
conditions as grounds for the
therapeutic abortion.
Therapeutic
Abortion
Safeguards to be Observed by Physician in
Performing Therapeutic Abortion:
3. Abortion must be performed openly in a
hospital to avoid suspicion that it was
done for some cause other than to save
the life of the mother. If done otherwise, it
may be a ground for malpractice.
4. It is advisable to have the opinion of
other competent physicians as to the
justifiability of such abortion.
5. Enlightened and express consent must
be obtained from the woman herself is she
has no impediment to give consent. It is
also advisable to have also the consent of
the husband.
Criminal abortion
• Abortion done without any therapeutic
indication but with criminal intent is
punishable by law.
Intentional
Abortion
Art. 256, Revised Penal Code:
Any person who shall intentionally cause
an abortion shall suffer:
1. The penalty of reclusion temporal, if
he shall use any violence upon the
person of the pregnant woman.
2. The penalty of prision mayor if,
without using violence, he shall act
without the consent of the woman.
3. The penalty of prison correccional in
its medium and maximum periods, if
the woman shall have consented.
Intentional
Abortion
Elements:
1. That the woman is pregnant.
2. That violence was applied, or drug
was administered, or a person acts
upon such pregnant woman.
3. That the effect of such violence,
drug or acts of the offender, the
fetus dies or is expelled.
4. That the offender has the intention
to abort the pregnant woman.
Intentional
Abortion
Ways of Committing:
1. By application of violence on the
pregnant woman.
2. By acting, but without use of violence,
without the consent of the pregnant
woman. This applies to the
administration of drugs or beverages
without her consent.
3. By acting, without the consent of the
pregnant woman. This applies to the
administration of drugs or beverages
with the full knowledge and consent
of the pregnant woman herself.
Intentional
Abortion

If the intentional abortion

resulted to the death of the
pregnant woman, then the
crime of abortion with
homicide was committed.
Unintentional
Abortion
Article 257, Revised Penal
Code:
The penalty of prision
correccional in its minimum and
medium periods shall be
imposed upon any person who
shall cause an abortion by
violence, but unintentionally.
Unintentional
Abortion
Elements:
1. The woman must be
pregnant;
2. Violence was applied on such
pregnant woman without the
intention of aborting her;
3. The woman aborted as a
result of the violence.
Abortion practiced by
the woman herself or by
her parents
Article 258, Revised Penal Code:
The penalty of prision correccional in its medium and
maximum periods shall be imposed upon a woman
who shall practice an 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.
Abortion practiced by the
woman herself or by her
parents
Elements:
1. The woman is pregnant;
2. Abortion is intended to be committed;
3. Abortion is induced by:
a. The pregnant woman herself;
b. Other persons with the consent of the
pregnant woman herself;
c. The parents of the woman, or either of
them for the purpose of concealing her
dishonor and with the consent of the
woman herself.
Abortion practiced by the
woman herself or by her
parents
If a woman does an act of inducing
abortion on herself, there is mitigation of
criminal liability if the purpose is to conceal her
dishonor. Concealment of dishonor is not
mitigating if the abortion was committed by
the parents of the pregnant woman or either of
them.
If a woman took poison for the purpose of
committing suicide and because of the timely
intervention of a physician she did not die but
instead she aborted, she cannot be guilty of
abortion because of the absence of intention to
commit abortion.
Abortion practiced by a
physician or midwife and
dispensing of abortives
Article 259, Revised Penal Code
The penalties provided in Article 256 shall be
imposed in its maximum period, repectively,
upon any physician or midwife who, taking
advantage of their scientific knowledge or
skill, shall cause an abortion or assist in
causing the same.
Any pharmacist who, without the proper
prescription from a physician, shall dispense
any abortive shall suffer arresto mayor and
a fine not exceeding 1,000 pesos.
Abortion practiced by a
physician or midwife and
dispensing of abortives
Requisites:
1. The woman is pregnant
2. The physician induced or assisted in causing
the abortion with the use of scientific
knowledge.
3. The acts done by the physician or midwife was
intended to cause an abortion.
There must be the intention of the physician
to produce abortion and the absence of intention
will not make the physician criminally liable for
such consequence.
Medical Evidences of
Abortion
Medical Evidences of
Abortion in the living
1. Presence of external signs of
violence in the form of contusions,
abrasions, hematoma, open wounds of
whatever form on the body surface if
induced by general violence. If
violence is applied locally in the
generative tract, injuries of whatever
form or description may be seen
therein.
Medical Evidences of
Abortion in the living
2. Examination of the generative
tract:
(a) Appearance of the external
genitalia and vagina may show
laceration, contusion, abrasions and
other marks of instrumentation.
(b) Examine the external os for
softness, tear, and discharge.
(c) Note the size of the uterus, its
consistency and location.
Medical Evidences of
Abortion in the living
3. Examination of the instrument
used for the presence of blood,
placental tissue or fetal parts.
4. History — Note the state of health
beforehand after abortion. Inquire as
to the motive of the abortion and
history of having ingested or injected
with abortives.
Medical Evidences of
Abortion in the living
5. Signs of previous pregnancy:
(a) Condition of the breasts.
(b) Laxity of the abdominal wall.
(c) Paleness of integument.
(d) General body weakness.
(e) Presence of characteristic lochial
discharge and odor.
(f) Palpability of the uterus and
laceration of the cervix and perineum.
Medical Evidences of
Abortion in the living
6. Examination of the expelled product of conception:
(a) Blood examination for maternity and paternity.
(b) Marks of instrumentation.
(c) Signs of physical violence.
(d) Proof of viability or non-viability of the fetus.
(e) Presence of abortives and other toxic materials in the fetal
blood.
(f) Presence or absence of malformation.
(g) Completeness of the placenta.
(h) Other identifying marks.
(i) Laboratory test for pregnancy.
( j) Testimony of the physician who completed the abortion or of
other persons who witnessed the criminal act
Medical Evidences of
Abortion in the DEAD
1. Evidence of instrumentation:
This will include the presence of punctured
wounds in the placenta, presence of remnants
of the placenta inside the uterine cavity,
presence of perforation of the uterus.
2. Examination of stomach and its contents:
Abortifacent. drugs and other irritants may be
found inside the stomach upon chemical
examination. It is advisable to submit the whole
of the stomach with its contents to a chemical
laboratory examination for such determination.
Medical Evidences of
Abortion in the DEAD
3. Examination of the kidneys and other organs for
irritants:
Like the stomach and its contents, other organs like
the kidneys, liver, spleen must be subjected to a
qualitative and quantitative chemical examination for
the presence of irritant poisons.
4. Examination of the uterine contents:
Remnant of the product of conception for the
following:
(a) Infection.
(b) Stage of pregnancy.
(c) Other complication of abortion.
Medical Evidences of
Abortion in the DEAD
5. Biological test:
(a) Paternity test.
(b) Test for pregnancy.

6. Examination of some untoward effects

of abortion:
(a) Infection, toxemia or bacteremia.
(b) Embolism.
(c) Fistulae formation.
(d) Pelvic adhesions.
Reasons Why Some Women Procure
Abortion
1. To preserve the life and health of
the pregnant woman.
2. To terminate prematurely
illegitimate pregnancy in order to
conceal the dishonor of the
woman.
3. Financial difficulty. Additional
member means an added expense
in the family.
4. To preserve body form. Some
women do not wish to make their
pregnancies advance to full terms
on fear that their bodies might be
deformed.
End of report