1. That a child was killed;
2. That the deceased child was less than three days (72 hours)
of age; and
3. That the accused killed the said child.
When the offender is the father, mother or legitimate ascendant,
he shall suffer the penalty prescribed for parricide. If the
offender is any other person, the penalty is that for murder.
In either case, the proper qualification for the offense is infanticide.
If the offender is the parent and the victim is less than three days
old, the crime is infanticide and not parricide. The fact that the
killing was done to conceal her dishonor will not mitigate the criminal
liability anymore because concealment of dishonor in killing the child
is not mitigating in parricide.
Only the mother and maternal grandparents of the child are entitled
to the mitigating circumstance of concealing the dishonor.
When infanticide is committed by the mother or maternal grandmother of
the victim in order to conceal the mother’s dishonor, such fact is
The delinquent mother who claims that she committed the offense to conceal
the dishonor must be of good reputation. Hence, if she is a prostitute,
she is not entitled to a lesser penalty because she has no honor to protect.
There is no infanticide when the child was born dead, or although born
alive it could not sustain an independent life when it was killed.
A stranger who cooperates in the perpetration of infanticide committed
by the mother or grandparent on the mother’s side, is liable for
infanticide, but he must suffer the penalty prescribed for murder.
Concealment of dishonor is not an element of infanticide. It merely
lowers the penalty. If the child is abandoned without any intent to
kill and death results as a consequence, the crime committed
is not infanticide but abandonment under Article 276.