1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman without
intending an abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence the fetus dies, either in
the womb or after having been expelled therefrom.
Committed only by violence(giving of bitter substance with no
intention to cause abortion is not unintentional abortion)
Violence must be intentionally exerted
Unintentional abortion may be complexed with other crimes such
as parricide or homicide
The accused can only be held liable if he knew that the woman
was pregnant. If there is no intention to cause abortion
and neither was violence exerted, Arts. 256 and 257 does not apply.
Unintentional abortion requires physical violence inflicted
deliberately and voluntarily by a third person upon
the pregnant woman.
If the pregnant woman aborted because of intimidation, the crime
committed is not unintentional abortion because there is no
violence; the crime committed is light threats.
If the pregnant woman was killed by violence by her husband,
the crime committed is the complex crime of parricide with
Unintentional abortion may be committed through negligence as
it is enough that the use of violence be voluntary.
If the act of violence is not felonious, that is, act of
self-defense, and there is no knowledge of the woman’s
pregnancy, there is no liability. If the act of violence is
not felonious, but there is knowledge of the woman’s pregnancy,
the offender is liable for unintentional abortion.
People vs. Jose
Unintentional abortion can also be committed through negligence.
Jose is declared guilty of the crime of unintentional abortion
through reckless imprudence for having bumped a calesa which
resulted a pregnant woman to bump her abdomen against the wall of
the calesa and eventually led to an abortion.
People v. Salufrania
Mere boxing of the stomach taken together with the immediate
strangling of the victim in a fight, is not sufficient
proof to show an intent to cause abortion. The accused must
have merely intended to kill the victim but not necessarily
to cause abortion. The accused is liable for complex crime of
parricide with unintentional abortion for it was merely
incidental to the killing.
People v. Carnaso
For the crime of abortion, even unintentional, to be held committed,
the accused must have known of the pregnancy.