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.
ELEMENTS
1. That there is a pregnant woman who has suffered an abortion ;
2. That the abortion is intended ;
3. That the offender, who must be a physician or midwife , causes or assists in causing, the abortion ;
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.
• Penalty of Intentional Abortion is imposed in its maximum on the physician or midwife. This is so, because they incur a heavier guilt in making use of their knowledge for the destruction of human life, where it should be used only for its preservation.
As to PHARMACISTS, the elements are:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a physician;
3. That the offender dispenses any abortive.
• This article does not require that the pharmacist knows that the abortive would be used to cause abortion. What is punished is the dispensing of abortive without the proper prescription from a physician.
• If the physician knew that the abortive would be used to cause an abortion and abortion resulted from the use, the physician would be an ACCOMPLICE in the crime of ABORTION.
• The act constituting the offense is dispensing abortive without the proper prescription from a physician. NOT NECESSARY that the abortive be ACTUALLY USED.
Republic Act 4729
(June 28, 1966)
regulates the sale, dispensation, and/or distribution of contraceptive drugs and devices.
§1 It shall be unlawful for any person, partnership or corporation to sell, dispense or otherwise distribute whether for or without consideration, any contraceptive drug or device, unless such sale, dispensation or distribution is by a duly licensed drug store or pharmaceutical company and with the prescription of a qualified medical practitioner.
§2 For the purpose of this Act:
a. “Contraceptive drug” is any medicine, drug, chemical or potion which is used exclusively for the
purpose of preventing fertilization of the female ovum; and
b. “Contraceptive device” is any instrument, device, material or agent introduced into the female
reproductive system for the primary purpose of preventing contraception.
§3 Any person, partnership or corporation, violating the provision of this Act shall be punished with a fine of
not more than five hundred pesos or an imprisonment of not less than six months or more than one year or
both, in the discretion of the Court.
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