Unintentional Abortion


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 unlawful abortion.

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.