PART 2: MEDICAL SCIENCE AND THE LAW
A. Birth
CIVIL CODE PROVISIONS:
Article 40. Birth determines personality; but the conceived child shall be
considered born for all purposes that are favorable to it, provided it be born
later with the conditions specified in the following article.
Article 41. For civil purposes, the foetus is considered born if it is alive at the
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
dies within twenty-four hours after its complete delivery from the maternal
womb.
 Birth determines personality
 CONCEIVED CHILD is considered born for all purposes favorable to
it; provided it is born according to Art 41
 Considered BORN if alive at the time COMPLETELY DELIVERED
 If baby was carried only for less than 7 months and is
PREMATURELY DELIVERED but dies within 24 hours – considered
as UNBORN
1. Abortion
DEFINITION/S: the termination of a pregnancy after, accompanied by,
resulting in, or closely followed by the death of the embryo or fetus
spontaneous expulsion of a human fetus during the first 12 weeks of gestation
induced expulsion of a human fetus (Merriam-Webster)
RPC PROVISIONS* (Not in the syllabus, but just in case) I-U-AW-ADoc
Article 256. Intentional abortion.
Article 257. Unintentional abortion.
Article 258. Abortion practiced by the woman herself of by her parents.
Article 259. Abortion practiced by a physician or midwife and dispensing of
abortives.
2. Infanticide
RPC PROVISION
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
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.
 Killing of a child LESS THAN 3 DAYS OLD
B. Capacity to act; limitations on capacity to act
CIVIL CODE PROVISIONS
Article 38. Minority, insanity or imbecility, the state of being a deaf-mute,
prodigality and civil interdiction are mere restrictions on capacity to act, and do
not exempt the incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations, such as easements.
Article 39. The following circumstances, among others, modify or limit
capacity to act: age, insanity, imbecility, the state of being a deaf-mute,
penalty, prodigality, family relations, alienage, absence, insolvency and
trusteeship. The consequences of these circumstances are governed in this
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.
A married woman, twenty-one years of age or over, is qualified for all acts of
civil life, except in cases specified by law.
 DOES NOT EXEMPT FROM OBLIGATIONS:
Minority, Insanity, Imbecility, State of being deaf-mute, Prodigality,
2
Civil Interdiction (M-I -DM-P-CI)
 MODIFIES/LIMITS CAPACITY TO ACT: Age, Insanity, Imbecility,
Deaf-mute, Penalty, Prodigality, Family Relations, Alienage, Absence,
3
Insolvency and Trusteeship (A-I -DM-Pe/Pro-FR-Alien-Absc-Trust)
 1. Sex
Republic v. Cagandahan (2008)
On December 11, 2003, respondent Jennifer Cagandahan filed a petition for
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
her gender to “male”. She was born in January 13, 1981, and was registered
as female, the name “Jennifer Cagandahan”. While growing up, she was
diagnosed to have Congenital Adrenal Hyperpplasia (CAH), a condition where
the person thus afflicted possesses both male and female characteristics. She
was also diagnosed to have clitoral hypertrophy, small ovaries, no breast, and
menstrual development. She alleged that for all interests and appearances as
well as in mind and emotion, she has become a male person
Issue/s WON the correction of entries in her birth certificate be
granted.
Held: Yes. The court considered the compassionate calls for recognition of the
various degrees of intersex as variations which should not be subject to
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
individual, having reached the age of maturity, with good reason thinks of
his/her sex. The respondent here thinks of himself as a male considering that
his body produces high levels of male hormones. There is preponderant
biological support for considering him as a male.
 BUT SEE: Republic v. Silverio; where Silverio underwent sex reassignment & petitioned
to have his name and sex changed in his birth certificate. DENIED as no law allows the
change of entry in the birth certificate as to sex because of sex reassignment. ** (naalala
ko lang to mga mars okay. Kahit disregard nyo na)
2. Age
Minority
(Republic Act. 6809) Article 234 of Executive Order No. 209, the Family Code
of the Philippines, is hereby amended to read as follows:
"Art. 234. Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen
years.”
Old Age (Art. 13, Sec 2, RPC; Mitigating Circumstances)
That the offender is xx over seventy years – Minority // Old Age
3. Deaf-Mute
People v. Parazo (1999)
RTC decision: Parazo (28 years old) is guilty of rape (sentenced to death) and
homicide
May 29, 1997-Motion for Reconsideration under consideration, bringing to the
attention of the Court facts and circumstances, such as the absence of a sign
language expert, which if true would warrant the setting aside of his judgment
of conviction.
February 10, 1998- the Court resolved to grant appellant's Urgent Omnibus
Motion:
(1) to hold in abeyance consideration of his motion for reconsideration pending
his medical examination;
(2) to allow a supplemental motion for reconsideration after his medical
examination; and
(3) to submit him (appellant) for examination by a physician of the Supreme
Court.
The results of medical examinations conducted on appellant also indicate that
appellant is really a deaf-mute, a mental retardate, whose mental age is only
seven (7) years and nine (9) months, and with low IQ of 60 only. Parazo’s
mother testified that he was born deaf and mute and she has no money for
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
never finished grade I. DSWD says that he was a beneficiary of their projects
relative to "Persons with Disability." During his early childhood, he was an
active participant of the project. As he grew older however, he did not anymore
bother to visit their office.
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.
Held: Yes, he deserves re-trial.
Based on the collateral information's (sic) gathered from persons who have
known the patient since childhood, together with the results of the diagnostic
test at UP-PGH and evidenced by the psychological report, it is now
established that Marlon Parazo is suffering from:
(1) Profound Hearing Loss, left ear;
(2)Severe Hearing Loss, right ear;
(3) Mental Retardation, Mild.
 4. Mental State
Imbecility & Insanity/Unsound Mind
Same meaning according to Art. 38 of the Civil Code with Insanity
Any mental disorder severe enough that it prevents a person from having
legal capacity (Galang Notes)
Imbecile
An obsolete term for a person with an intellectual disability above that of an idi
ot, which is now subdivided into eithermoderate (IQ 35–49) or severe (IQ 20–
34) mental retardation.
Insanity
Mental illness of such a severe nature that a person cannot distinguish
fantasy from reality, cannot conduct her/his affairs due to psychosis, or
is subject to uncontrollable impulsive behavior.
(Disclaimer, GKG lang to… ginoogle ko, gago)
Insanity – People v. Aquino (2000)
Eddie Aquino was accused with Murder for the killing of Esmerlada Lampera
when the former peeked into the house of the latter looking for the latter’s
husband Valerio He claims that he cannot be guilty of murder as one of the
requisites of treachery, namely that "the means of execution was deliberately
and consciously adopted," was absent because the stabbing spree was made
at the spur of the moment when EDGARDO was enraged with passion and
obfuscation or was under the influence of a sudden attack of "temporary
insanity."
Issue/s: Is Eddie guilty of murder
Held: YES. Neither are we persuaded by EDGARDO's plea of
"temporary insanity." As the OSG aptly stated, "temporary insanity" is not
recognized in this jurisdiction. Insanity, under Article 12 of the Revised Penal
Code, connotes that the accused must have been deprived completely of
reason and freedom of the will at the time of the commission of the crime,] or
that he must have acted without the least discernment. Mere abnormality of
the accused' mental faculties does not exclude imputability. Moreover,
EDGARDO was unable to substantiate his claim. The law presumes every
man to be sane. If the accused interposes the defense of mental incapacity,
the burden of establishing such fact rests upon him. Insanity must be proved
by clear and positive evidence. Finally, EDGARDO did not raise this argument
below, but only now, obviously as a delayed afterthought.
Psychological Incapacity
FAMILY CODE PROVISIONS
Art. 36. A marriage contracted by any party who, at the time of the celebration,
was psychologically incapacitated to comply with the essential marital
obligations of marriage, shall likewise be void even if such incapacity becomes
manifest only after its solemnization.
Antonio v. Reyes (2006)
Leonilo Antonio, 26 years of age, and Marie Ivonne Reyes, 36 years of age
met in 1989. Barely a year after their first meeting, they got married at Manila
City Hall and then a subsequent church wedding at Pasig in December 1990.
A child was born but died 5 months later. Reyes persistently lied about herself,
the people around her, her occupation, income, educational attainment and
other events or things. She even did not conceal bearing an illegitimate child,
which she represented to her husband as adopted child of their family. They
were separated in August 1991 and after attempt for reconciliation, he finally
left her for good in November 1991. Petitioner then filed in 1993 a petition to
have his marriage with Reyes declared null and void anchored in Article 36 of
the Family Code.
Issue/s: Whether Antonio can impose Article 36 of the Family Code as basis
for declaring their marriage null and void.
Held: YES. Psychological incapacity pertains to the inability to understand the
obligations of marriage as opposed to a mere inability to comply with them.
The petitioner, aside from his own testimony presented a psychiatrist and
clinical psychologist who attested that constant lying and extreme jealousy of
Reyes is abnormal and pathological and corroborated his allegations on his
wife’s behavior, which amounts to psychological incapacity. Respondent’s
fantastic ability to invent, fabricate stories and letters of fictitious characters
enabled her to live in a world of make-believe that made her psychologically
incapacitated as it rendered her incapable of giving meaning and significance
to her marriage. The root causes of Reyes’ psychological incapacity have been
medically or clinically identified that was sufficiently proven by experts. The
gravity of respondent’s psychological incapacity was considered so grave that
a restrictive clause was appended to the sentence of nullity prohibited by the
National Appellate Matrimonial Tribunal from contracting marriage without their
consent. It would be difficult for an inveterate pathological liar to commit the
basic tenets of relationship between spouses based on love, trust and respect.
Furthermore, Reyes’ case is incurable considering that petitioner
tried to reconcile with her but her behavior remain unchanged.
Hence, the court conclude that petitioner has established his cause of action
for declaration of nullity under Article 36 of the Family Code.
Battered Woman Syndrome
People v. Genosa (2004)
Case stemmed from the killing of Ben Genosa, by his wife Marivic Genosa,
appellant herein. During their first year of marriage, Marivic and Ben lived
happily but apparently thereafter, Ben changed and the couple would always
quarrel and sometimes their quarrels became violent. Appellant testified that
every time her husband came home drunk, he would provoke her and
sometimes beat her. Whenever beaten by her husband, she consulted medical
doctors who testified during the trial. On the night of the killing, appellant and
the victim were quarreled and the victim beat the appellant. However,
appellant was able to run to another room. Appellant admitted having killed the
victim with the use of a gun. The information for parricide against appellant,
however, alleged that the cause of death of the victim was by beating through
the use of a lead pipe. Appellant invoked self defense and defense of her
unborn child. After trial, the Regional Trial Court found appellant guilty beyond
reasonable doubt of the crime of parricide with an aggravating circumstance of
treachery and imposed the penalty of death.
Issue/s: Whether or not appellant herein can validly invoke the “battered
woman syndrome” as constituting self defense.
Held: NO. The Court ruled in the negative as appellant failed to prove that she
is afflicted with the “battered woman syndrome” A battered woman has been
defined as a woman “who is repeatedly subjected to any forceful physical or
psychological behavior by a man in order to coerce her to do something he
wants her to do without concern for her rights. Battered women include wives
or women in any form of intimate relationship with men. Furthermore, in order
to be classified as a battered woman, the couple must go through the battering
cycle at least twice. Any woman may find herself in an abusive relationship
with a man once. If it occurs a second time, and she remains in the situation,
she is defined as a battered woman.” More graphically, the battered woman
syndrome is characterized by the so-called “cycle of violence,” which
has three phases: (1) the tension-building phase; (2) the acute battering
incident; and (3) the tranquil, loving (or, at least, nonviolent) phase.
The Court, however, is not discounting the possibility of self-defense arising
from the battered woman syndrome. First, each of the phases of the cycle of
violence must be proven to have characterized at least two battering episodes
between the appellant and her intimate partner. Second, the final acute
battering episode preceding the killing of the batterer must have produced in
the battered person’s mind an actual fear of an imminent harm from her
batterer and an honest belief that she needed to use force in order to save her
life. Third, at the time of the killing, the batterer must have posed probable –
not necessarily immediate and actual -- grave harm to the accused, based on
the history of violence perpetrated by the former against the latter. Taken
altogether, these circumstances could satisfy the requisites of self-defense.
Under the existing facts of the present case, however, not all of these
elements were duly established. The defense fell short of proving all three
phases of the “cycle of violence” supposedly characterizing the relationship of
Ben and Marivic Genosa. No doubt there were acute battering incidents but
appellant failed to prove that in at least another battering episode in the past,
she had gone through a similar pattern. Neither did appellant proffer sufficient
evidence in regard to the third phase of the cycle.
C. Filiation
FAMILY CODE PROVISIONS
Art. 164. Children conceived or born during the marriage of the parents are
legitimate.
Children conceived as a result of artificial insemination of the wife with the
sperm of the husband or that of a donor or both are likewise legitimate children
of the husband and his wife, provided, that both of them authorized or ratified
such insemination in a written instrument executed and signed by them before
the birth of the child. The instrument shall be recorded in the civil registry
together with the birth certificate of the child.
 NATURAL: 1) Conceived/born DURING marriage
2) Artificial insemination with CONSENT in writing before birth of child
Art. 166. Legitimacy of a child may be impugned only on the following
grounds:
(1) That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days which
immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with
his wife;
(b) the fact that the husband and wife were living separately in such a way
that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual
intercourse;
(2) That it is proved that for biological or other scientific reasons, the child
could not have been that of the husband, except in the instance provided in the
second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the
written authorization or ratification of either parent was obtained through
mistake, fraud, violence, intimidation, or undue influence.
Impugning Legitimacy of the Child
 Physically Impossible for Husband to have Sexual Intercourse with the
wife within the first 120 days of the 300 days which immediately
preceded the birth of the child
1. Physical incapacity
2. Living separately that intercourse was impossible
3. Serious illness
 Biological Reasons or Other Scientific Reasons
 Written authorization of insemination was obtained through
1. mistake,
2. fraud,
3. violence,
4. intimidation or
5. undue influence
Physical Causes
Serious Illness
Biological/Scientific Reasons
RULE ON DNA EVIDENCE (SEC 9, AM 06-11-5-SC, 2007):
Sec. 9. of DNA Testing Results. – In evaluating the results of DNA
testing, the court shall consider the following:
a. The evaluation of the weight of matching DNA evidence or the
relevance of mismatching DNA evidence;
b. The results of the DNA testing in the light of the totality of the other
evidence presented in the case; and that
c. DNA results that exclude the putative parent from paternity shall be
conclusive proof of non-paternity.
 If the value of the Probability of Paternity is less than 99.9%, the results
of the DNA testing shall be considered as corroborative evidence.
 If the value of the Probability of Paternity is 99.9% or higher there shall
be a disputable presumption of paternity.
D. Marriage
FAMILY CODE PROVISIONS
Art. 45. A marriage may be annulled for any of the following causes,
existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twenty-one, and the
marriage was solemnized without the consent of the parents, guardian or
person having substitute parental authority over the party, in that order,
unless after attaining the age of twenty-one, such party freely cohabited
with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming
to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the fraud,
freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or
undue influence, unless the same having disappeared or ceased, such
party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears to be
incurable; or
(6) That either party was afflicted with a sexually-transmissible disease
found to be serious and appears to be incurable.
 ANNULMENT:
1) No parental consent
2) Unsound mind
3) Fraud
4) Consent through Force, Intimidation, Undue Influence
5) INCURABLE physical incapability to consummate marriage
6) Serious and incurable STD
Art. 46. Any of the following circumstances shall constitute fraud referred to STDs – Curable v Incurable
in Number 3 of the preceding Article:
Curable Incurable
- Syphilis - Hepatitis B
(1) Non-disclosure of a previous conviction by final judgment of the other
- Gonorrhea - Herpes simplex virus (HSV)
party of a crime involving moral turpitude; - Chlamydia - Human immunodeficiency
- Trichomoniasis virusHIV
(2) Concealment by the wife of the fact that at the time of the marriage, she - Human papillomavirus (HPV)
was pregnant by a man other than her husband;
Impotency v Sterility
(3) Concealment of sexually transmissible disease, regardless of its nature,
existing at the time of the marriage; or Impotency: Inability to copulate.

(4) Concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune
or chastity shall constitute such fraud as will give grounds for action for the
annulment of marriage.
 FRAUD:
1) Non-disclosure of previous conviction of a crime involving moral
turpitude
2) Concealment of pregnancy  if she pretended she was pregnant,
when she really isn’t, it isn’t concealment ha
3) any STD, regardless of how serious/grave
4) Concealment of drug addiction/alcoholism
Sterility: Not an impotency. A sterile person can successfully engage in
sexual coition. Sterility does not imply want of power for copulation.
Sterility is the inability to reproduce.
Pregnancy
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
embryo, and later into a fetus. Pregnancy usually lasts 40 weeks, beginning
from the first day of the woman's last menstrual period, and is divided into
three trimesters, each lasting three months.
Drug Addiction and Alcoholism
Drug Addiction: The deleterious and evil effects from excessive use of
drugs interfere with the happiness of married life, and produce other
effects upon the marriage relation as deplorable

Alcoholism: Defined as a persistent, fixed, and irresistible habit of

becoming intoxicated; lost the power or will to control his appetite for
intoxicating liquor, in the practice of becoming intoxicated whenever
the temptation or opportunity arises