please don't kill me.... Under articles 40 and 41 of the New Civil Code, birth determines personality but the fetus shall be considered born for all purposes that are FAVORABLE to it, provided it is alive at the time the umbilical cord is cut. However, if the fetus had an intra-uterine life of LESS than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb.
When the fetus is killed in the uterus or expelled from the womb by any person through the use of violence or administering drugs/beverages, the crime of Abortion under the Revised Penal Code is committed.
The woman shall be liable when she shall practice it upon herself or she consented to the abortion caused on her to conceal her dishonor.
Whereas Infanticide is the killing of any child LESS than three (3) DAYS of age. If the accused happens to be the father or mother or legitimate grandparents, the penalty corresponding to parricide (Art. 246) which is reclusion perpetua to DEATH shall be imposed upon him or her. But since the death penalty was abolished under R.A. 9346 pursuant to the mandate of the 1987 Constitution, thus the applicable penalty is only reclusion perpetua and not death. However, if the crime is committed by the mother or maternal grandparents for the purpose of concealing her dishonor, the penalty is mitigated to reclusion temporal.
If the infanticide is committed by other person, he shall suffer the penalty for murder (Art. 248) which is reclusion perpetua – 20 years and 1 day to 40 years.
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