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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

Infanticide vs Abortion

Abortion refers to the killing of the child before birth. However, if a child is killed after birth, it does not necessarily mean that the individual will be charged for the crime of murder. This is because there is also a crime called infanticide. This is committed when the child is less than 3 days of age or less than 72 hours. It is also interesting to note that the penalty imposed for infanticide is the same as that of murder. 

On the other hand, if a child who is more than 3 days old and was killed by his/her mother, father or any of his/her ascendants, the individual will be charged for the crime of parricide. Homicide or murder will be charged to the individual if he/she has no relationship with the child killed. 

Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.

If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor.

Art. 256. Intentional abortion. — Any person who shall intentionally cause an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.

Art. 257. Unintentional abortion. — The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

Art. 258. Abortion practiced by the woman herself of by her parents. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods.

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. — The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.

Building Permit Required For Constructing A House

For the construction of a house to run smoothly, it is important to follow the requirements according to the National Building Code. This means you need to make sure that proper electrical, technical and structural plans are met to avoid future problems that may deter you from pushing through with the construction process. Once officials find out that you failed to secure a permit prior to building your house, the construction will be stopped until you have secured your permit. 

1. When securing a building permit, you need start with preparing your requirements. You will also need to get a Requirements-Checklist and application forms. These can be secured your municipal's office. Your engineers and architects will fill out the forms. 

2. Once done, you need to submit the papers to the Office of the Building Official. They will instruct you to go to the Assessor's Office. You will need to submit each folder of each set of forms. Once your application is approved, you will be provided with an Order of Payment. The next step is to make a payment of the permit fees. 

3. The fees may vary depending on the size of the construction, the municipality location and even the assessment plan. More often than not, the fees in the provinces are much cheaper than in the cities. 

4. You will also need to have the Official Receipt photocopied and bring a copy to the releasing section of the Office of the Building Official. 

5. You will need to wait for 5 working days to claim your building permit from the Office of the Building Official.   

SECTION 1.02.03: Building permits  

(a) Any person, firm, or corporation, including any department, office, bureau, agency of instrumentality of the government intending to construct, alter, repair, move, convert or demolish any building or structure, or cause the same to be done, shall obtain a building permit from the Building Official for whichever of such work is proposed to be undertaken for the building or structure, before any such work is started. 

(b) Appropriate rules and regulations shall be set by the Secretary concerning: 

(1) Forms for application for building permits; 

(2) Procedures to be observed in securing such permits; 

(3) Procedures to be observed in the issuance, suspension, and revocation of such building permits; and 

(4) Type, nature, and scope of plans and specifications, and other requisite documents, which shall be prepared and designed by a licensed architect or engineer.   

(c) When authorized by the Building Official in accordance with the provisions of this Code, plans and specifications need not be submitted for the following:   

(1) Group A traditional indigenous type of dwelling construction costing not more than three thousand pesos (P3,000.00); and 

(2) Group J Division 1 Occupancy of Type 1 conventional wood frame construction or of the traditional indigenous type of construction costing not more than three thousand pesos (P3,000.00).  

(d) The applicant for a building permit for private buildings or structures after having complied with all the requirements prescribed therefor in accordance with the provisions of this Code, shall be issued a building permit within fifteen (15) days from the date of payment of the permit fee for Groups A and J Occupancies and within thirty (30) days from the date of payment of the permit fee for other Group Occupancies, unless the Building Official or his Deputy authorized to issue the permit shall inform the applicant in writing why the permit should not be issued, and shall indicate thereon the particular provisions of the Code violated by the applicant or the particular requirements not complied with. Within fifteen (15) days from the date of receipt by the applicant of advice from the Building Official or his Deputy authorized to issue the permit why the building permit should not be issued, or why the building permit is suspended or revoked, the applicant may appeal the non-issuance, suspension, or revocation thereof, to the Mayor of the chartered city or municipality, or the Governor of the province where the building or structure for which the permit is being applied for is located. Said appeal shall be decided within fifteen (15) days from receipt thereof, otherwise, the applicant may bring the matter to the proper Court of Justice for final disposition.   

(e) All public buildings shall conform to the provisions of this Code and the Building Official of the city or province where the public building is located shall issue the building permit therefor, stating in writing that such public building conforms to the requirements of the Code. For national public buildings, the Secretary of Public Works and Communications shall issue a certification that such a building conforms to the Code. Public buildings shall be exempt from payment of building permit, inspection, another fees. 

The Criminal Law On Abortion

In a country where moral standards are high, the mere mention of abortion is considered a taboo topic. There are mixed views on abortion, but most of which are against the idea of legalizing the act. If a medical practitioner is found guilty of carrying out abortion, he or she has to face criminal charges. 

Not only does the Philippine law deter women from considering abortion but religious sectors as well. Is it really about time law makers consider the merits of legalizing abortion? 

There are countries that are still not open to the legalization of abortion, and Philippines is one of them. Due to the social stigma, women resort to self-induced abortion, which is considered unsafe and dangerous. 

There are cases when abortion is considered necessary especially if the pregnant woman’s health is at risk. For instance, ectopic pregnancy requires surgery as a means of saving a woman’s life. So long as therapeutic abortion is banned in the country, more and more women continue to subject themselves to dangerous measures. 

For instance, pregnant women who are well aware of the criminal law on abortion refuse to be hospitalized for the fear of getting imprisoned if found that they have undergone unsafe abortion. This is why there is a dramatic increase in the number of women who choose to risk their health and lives.

These women continue to receive moral punches and will be stigmatized for the rest of their lives because of the country’s legal and moral boundaries.

Other countries allow therapeutic abortion when:

• pregnancy is the result of incest or rape;

• the pregnant woman suffers from a medical condition that is life or health threatening such as eclampsia, diabetes, hypertension and cancer. 

• pregnancy is at risk of fetal impairment causing the baby to develop mental or physical defects or die after birth.

Under the Philippine law, abortion has been considered a crime since 1930. Whether abortion is intentional or unintentional, anyone who carries out abortion is said to commit the crime. Even physicians and midwives who perform abortions in the Philippines may be charged of a crime, which can result in six years in prison under the Revised Penal Code. They are still going to be subject for criminal punishments. These are also supplemented by separate laws, prescribing sanctions if medical practitioners including doctors, pharmacists and midwives participated in the process of abortion.

Legalizing abortion in the Philippines is far from happening as there are still various factors that need to be taken into consideration. While the country is still firm in banning abortion, women will continue to endure life-threatening pregnancies and resort to measures that deviate from the medical standards.

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