On
Simulation Of Births, Substitution of One Child  For Another and Concealment or Abandonment of a Legitimate Child

ART.347

Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. - The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.

The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status.

Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification.

Acts punished:

1. Simulation of births
   
ELEMENTS:
a) The child is baptized or registered in the Registry of birth as the offender’s;
b) The child loses its real status and acquires a new one; and
c) The offender’s purpose was to cause the loss of any trace as to the child’s true filiation.

2. Substitution of one child for another, or

3. Concealing or abandoning any legitimate child w/ the intent to cause such child to lose its civil status.
 
ELEMENTS:
a) The child must be legitimate;
b) The offender conceals or abandons such child; and
c) The offender has the intent to cause the child to lose its civil status.


The fact that child will be benefited by simulation of birth is not a defense since it creates a false status to the detriment of members of family to which the child is introduced

Father who sells child is not liable under this article since here is no abandonment.

Illustration:

People who have no child and who buy and adopt the child without going through legal adoption.

The same is true even if the child was kidnapped but they knew that the kidnappers are not the real parents of the child.

When the real parents make it appear in the birth certificate that the parents who bought the child are the real parents.

Bar Exam Question (2002)

Simulation of Birth & Child Trafficking (2002)

A childless couple, A and B, wanted to have a child they could call their own. C, an unwed mother, sold her newborn baby to them. Thereafter, A and B caused their names to be stated in the birth certificate of the child as his parents. This was done in connivance with the doctor who assisted in the delivery of C. What are the criminal liabilities, if any, of the couple A and B, C and the doctor?

Suggested Answer:

The couple A and B, and the doctor shall be liable for the crime of simulation of birth, penalized under Article 347 of the Revised Penal Code, as amended. The act of making it appear in the birth certificate of a child that the persons named therein are the parents of the child when they are not really the biological parents of said child constitutes the crime of simulation of birth. C, the unwed mother is criminally liable for "child trafficking", a violation of Article IV, Sec. 7 of Rep. Act
No. 7610. The law punishes inter alia the act of buying and selling of a child.

Alternative Answer:

The couple A and B, the unwed mother C, and the doctor being all involved in the simulation of birth of the newborn child, violate Rep. Act No. 7610. Their acts constitute child trafficking which are penalized under Article IV of said law.

You may want to read: