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Article 259. Abortion practiced by a physician or midwife and dispensing of abortives. - The penalties provided in Article 256 shall be imposed in its maximum period, respectively, 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 one hundred thousand pesos (P100,000).


ELEMENTS:
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended;
3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion; and
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.


It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used.

If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice.

RA 4729 regulates the sale, dispensation, and/or distribution of contraceptive drugs and devices

If the abortion is performed by a physician to save the life of the mother, there is no liability.

It is not unlawful if the Sale, dispensation, or distribution of a contraceptive drug or contraceptive device is by a duly licensed drug store or pharmaceutical company and with the prescription of a qualified medical practitioner.