TITLE 12

Question 1

What is contemplated under simulation of births?

Answer 1

1) Simulation of births
2) Substitution of one child for another
3) Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status.

Question 2

Elements of simulation of birth

Answer 2

Child must be legitimate;
Offender conceals or abandons such child; and
Offender has intent to cause such child to lose its civil status.

Question 3

Persons liable

Answer 3

Woman who simulates birth.
One who furnishes the child.
Physician or surgeon or public officer who cooperates.

Question 4

Object of the crime

Answer 4

Creation of false, or the causing of the loss of, civil status. To cause the loss of any trace as to the filiation of the child.

Question 5

What is simulation of birth?

Answer 5

Takes place when the woman pretends to be pregnant when in fact she is not, and on the day of the supposed delivery, takes the child of another as her own; in this case, the woman introduces a stranger in the family and defrauds the legitimate heirs.

Question 6

Purpose of concealing or abandoning any legitimate child:

Answer 6

Causing it to lose its civil status (Intent)

Question 7

What should the child be?

Answer 7

The child must be legitimate and a fully developed and living being

Question 8

Is unlawful sale of a child included?

Answer 8

No, as there is no abandonment.

Question 9

Meaning of abandonment

Answer 9

Leaving the child at a public place where other people may find it, and causing the child to lose its civil status.

Question 10

Difference between Abandoning a Minor v. Simulation of Births?

Answer 10

Abandoning a minor: Purpose is to avoid the rearing and caring for the child but the intent to lose its civil status is not a requirement.

Question 11

How is Art. 348. Usurpation of civil status committed?

Answer 11

By assuming the filiation of another.
By assuming the parental or conjugal rights of another.
By assuming a profession.

Question 12

What is the intent?

Answer 12

There must be intent to enjoy the rights arising from the civil status of another.

Question 13

What is the qualifying circumstance?

Answer 13

Purpose of defrauding the offended party qualifies the crime.

Question 14

Bigamy elements

Answer 14

1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent
   spouse could not yet be presumed dead according to the Civil Code.
3. That he contracts a second or subject marriage.
4. That the second or subsequent marriage has all the essential requisites for validity.

Question 15

Is the second spouse of the offender liable?

Answer 15

Yes, as an accomplice only if she/he knew of the first marriage.

Question 16

Is nullity of the first marriage a defense?

Answer 16

No

Question 17

Causes which may produce the legal dissolution of the first marriage

Answer 17

Death Of one of the contracting parties.
Judicial declaration annulling a void marriage; and
juridical decree annulling voidable marriage.

Question 18

What if the 1st spouse dies during the pendency of the bigamy case?

Answer 18

Not a defense, does not erase criminal liability.

Question 19

Effect of divorce obtained abroad by alien spouse

Answer 19

Filipino spouse shall have capacity to remarry under Philippine law.

Question 20

What if the accused marries before the declaration of presumptive death?

Answer 20

Contracting subsequent marriage before the declaration of presumptive death of the absent spouse is bigamous.

Question 21

What if there is a judgment of annulment for the 2nd marriage?

Answer 21

Judgment of annulment of 2nd marriage precludes verdict of guilt in a bigamy charge.

Question 22

Can an accused who is guilty of bigamy be prosecuted for concubinage?

Answer 22

Yes

Question 23

Elements of Article 350. Marriage contracted against provisions of laws.

Answer 23

1. Offender contracted marriage;
2. He knew at the time that –
   - The requirements of the law were not complied with; or
   - The marriage was in disregard of a legal impediment.
3. The offender must not be guilty of bigamy

Question 24

Requirements of the law for a valid marriage:

Answer 24

Legal capacity of the contracting parties
Consent freely given
Authority of the person performing the marriage
Marriage license, except in marriage under exceptional circumstances.

Question 25

Article 352. Performance of illegal marriage ceremony - persons liable.

Answer 25

Priests or ministers or civil authorities who shall perform or authorize any illegal marriage ceremony

Question 26

Can the offender be any random person?

Answer 26

No, the offender must be authorized to solemnize a marriage.

Question 27

Should the offender know that the marriage is illegal?

Answer 27

Yes

Question 28

Is good faith a defense?

Answer 28

No