A. Birth Article 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
CIVIL CODE PROVISIONS: child less than three days of age.
Article 40. Birth determines personality; but the conceived child shall be If the crime penalized in this article be committed by the mother of the child for
considered born for all purposes that are favorable to it, provided it be born the purpose of concealing her dishonor, she shall suffer the penalty of prision
later with the conditions specified in the following article. correccional in its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal grandparents or either of
Article 41. For civil purposes, the foetus is considered born if it is alive at the them, the penalty shall be prision mayor.
time it is completely delivered from the mother's womb. However, if the foetus
had an intra-uterine life of less than seven months, it is not deemed born if it Killing of a child LESS THAN 3 DAYS OLD
dies within twenty-four hours after its complete delivery from the maternal
womb.
B. Capacity to act; limitations on capacity to act
Birth determines personality
CONCEIVED CHILD is considered born for all purposes favorable to
it; provided it is born according to Art 41 CIVIL CODE PROVISIONS
Considered BORN if alive at the time COMPLETELY DELIVERED
If baby was carried only for less than 7 months and is Article 38. Minority, insanity or imbecility, the state of being a deaf-mute,
PREMATURELY DELIVERED but dies within 24 hours – considered prodigality and civil interdiction are mere restrictions on capacity to act, and do
as UNBORN not exempt the incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations, such as easements.
1. Abortion
Article 39. The following circumstances, among others, modify or limit
DEFINITION/S: the termination of a pregnancy after, accompanied by, capacity to act: age, insanity, imbecility, the state of being a deaf-mute,
resulting in, or closely followed by the death of the embryo or fetus penalty, prodigality, family relations, alienage, absence, insolvency and
trusteeship. The consequences of these circumstances are governed in this
spontaneous expulsion of a human fetus during the first 12 weeks of gestation Code, other codes, the Rules of Court, and in special laws. Capacity to act is
not limited on account of religious belief or political opinion.
induced expulsion of a human fetus (Merriam-Webster)
A married woman, twenty-one years of age or over, is qualified for all acts of
civil life, except in cases specified by law.
2. Infanticide
1. Sex
On December 11, 2003, respondent Jennifer Cagandahan filed a petition for People v. Parazo (1999)
Correction of Entries in Birth Certificate before the Regional Trial Court,
Branch 33, of Siniloan, Laguna; such that, her name be changed to “Jeff” and RTC decision: Parazo (28 years old) is guilty of rape (sentenced to death) and
her gender to “male”. She was born in January 13, 1981, and was registered homicide
as female, the name “Jennifer Cagandahan”. While growing up, she was May 29, 1997-Motion for Reconsideration under consideration, bringing to the
diagnosed to have Congenital Adrenal Hyperpplasia (CAH), a condition where attention of the Court facts and circumstances, such as the absence of a sign
the person thus afflicted possesses both male and female characteristics. She language expert, which if true would warrant the setting aside of his judgment
was also diagnosed to have clitoral hypertrophy, small ovaries, no breast, and of conviction.
menstrual development. She alleged that for all interests and appearances as February 10, 1998- the Court resolved to grant appellant's Urgent Omnibus
well as in mind and emotion, she has become a male person Motion:
(1) to hold in abeyance consideration of his motion for reconsideration pending
Issue/s WON the correction of entries in her birth certificate be his medical examination;
granted. (2) to allow a supplemental motion for reconsideration after his medical
examination; and
Held: Yes. The court considered the compassionate calls for recognition of the (3) to submit him (appellant) for examination by a physician of the Supreme
various degrees of intersex as variations which should not be subject to Court.
outright denial. The Court views that where a person is biologically or naturally
intersex, the determining factor in his gender classification would be what the The results of medical examinations conducted on appellant also indicate that
individual, having reached the age of maturity, with good reason thinks of appellant is really a deaf-mute, a mental retardate, whose mental age is only
his/her sex. The respondent here thinks of himself as a male considering that seven (7) years and nine (9) months, and with low IQ of 60 only. Parazo’s
his body produces high levels of male hormones. There is preponderant mother testified that he was born deaf and mute and she has no money for
biological support for considering him as a male. medical intervention. Barangay captain said that Parazo was known as pipi
since childhood. His school teacher says he was never active in class and he
BUT SEE: Republic v. Silverio; where Silverio underwent sex reassignment & petitioned never finished grade I. DSWD says that he was a beneficiary of their projects
to have his name and sex changed in his birth certificate. DENIED as no law allows the relative to "Persons with Disability." During his early childhood, he was an
change of entry in the birth certificate as to sex because of sex reassignment. ** (naalala active participant of the project. As he grew older however, he did not anymore
ko lang to mga mars okay. Kahit disregard nyo na)
bother to visit their office.
2. Age
Issue: Whether he deserves a re trial for he was sentenced to death without
the aid of a language expert although he is deaf and mentally retarded.
Minority
Held: Yes, he deserves re-trial.
(Republic Act. 6809) Article 234 of Executive Order No. 209, the Family Code
Based on the collateral information's (sic) gathered from persons who have
of the Philippines, is hereby amended to read as follows:
known the patient since childhood, together with the results of the diagnostic
"Art. 234. Emancipation takes place by the attainment of majority. Unless
test at UP-PGH and evidenced by the psychological report, it is now
otherwise provided, majority commences at the age of eighteen
established that Marlon Parazo is suffering from:
years.”
(1) Profound Hearing Loss, left ear;
Old Age (Art. 13, Sec 2, RPC; Mitigating Circumstances)
(2)Severe Hearing Loss, right ear;
That the offender is xx over seventy years – Minority // Old Age
(3) Mental Retardation, Mild.
4. Mental State Psychological Incapacity
Impugning Legitimacy of the Child Art. 45. A marriage may be annulled for any of the following causes,
Physically Impossible for Husband to have Sexual Intercourse with the existing at the time of the marriage:
wife within the first 120 days of the 300 days which immediately
preceded the birth of the child (1) That the party in whose behalf it is sought to have the marriage
1. Physical incapacity annulled was eighteen years of age or over but below twenty-one, and the
2. Living separately that intercourse was impossible marriage was solemnized without the consent of the parents, guardian or
3. Serious illness person having substitute parental authority over the party, in that order,
unless after attaining the age of twenty-one, such party freely cohabited
Biological Reasons or Other Scientific Reasons with the other and both lived together as husband and wife;
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or Sterility: Not an impotency. A sterile person can successfully engage in
lesbianism existing at the time of the marriage. sexual coition. Sterility does not imply want of power for copulation.
Sterility is the inability to reproduce.
No other misrepresentation or deceit as to character, health, rank, fortune Pregnancy
or chastity shall constitute such fraud as will give grounds for action for the
annulment of marriage. The period from conception to birth. After the egg is fertilized by a sperm and
then implanted in the lining of the uterus, it develops into the placenta and
FRAUD: embryo, and later into a fetus. Pregnancy usually lasts 40 weeks, beginning
1) Non-disclosure of previous conviction of a crime involving moral from the first day of the woman's last menstrual period, and is divided into
turpitude three trimesters, each lasting three months.
2) Concealment of pregnancy if she pretended she was pregnant,
when she really isn’t, it isn’t concealment ha Drug Addiction and Alcoholism
3) any STD, regardless of how serious/grave
Drug Addiction: The deleterious and evil effects from excessive use of
4) Concealment of drug addiction/alcoholism
drugs interfere with the happiness of married life, and produce other
effects upon the marriage relation as deplorable