1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages administered,
or that the accused otherwise acts upon such pregnant woman;
3. That as a result of the use of violence or drugs or beverages
upon her, or any other act of the accused, the fetus dies,
either in the womb or after having been expelled therefrom.
4. That the abortion is intended.
A fetus about six months old cannot subsist by itself, outside
the maternal womb. Abortion usually means expulsion before 6th
month or before term of its viability
Viada: Abortion, as long as fetus dies as a result of violence
used or drugs administered
Infanticide, if: (1) Fetus could sustain independent life after
its separation from maternal womb, and
(2) it is killed
Fetus survives in spite of attempt to kill it or use of violence:
a. Abortion intended, all acts of execution performed –
frustrated intentional abortion
b. Abortion not intended, fetus does not die – physical injuries
No frustrated unintentional abortion
Ways of committing intentional abortion
1. Using any violence upon the person of the pregnant woman;
2. Acting, but without using violence, without the consent of
the woman. (By administering drugs or beverages upon such
pregnant woman without her consent.)
3. Acting (by administering drugs or beverages), with the consent
of the pregnant woman.
If the mother as a consequence of abortion suffers death or physical
injuries, you have a complex crime of murder or physical injuries
In intentional abortion, the offender must know of the pregnancy
because the particular criminal intention is to cause an abortion.
If the woman turns out not to be pregnant and someone performs
an abortion upon her, he is liable for an impossible crime if the
woman suffers no physical injury. If she does, the crime will be
homicide, serious physical injuries, etc.
Frustrated abortion is committed if the fetus that is expelled is
viable and, therefore, not dead as abortion did not result despite
the employment of adequate and sufficient means to make the
pregnant woman abort.