Abortion Practiced By A Physician Or Midwife And Dispensing Of Abortives


ART.259

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 produced by a physician to save the life of the
mother, there is no liability.

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

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