Title 12 - (347-352)

Question 1

Art. 347.

Answer 1

Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child

Question 2

Acts punished in 347

Answer 2

1. Simulation of Birth:
2. Substitution of one child for another
3. Concealing or abandoning a legitimate child to cause the loss of civil status

note
- in sim(1) and & sub(2), the child need NOT be legitimate
- purpose of the acts punished must be to cause the loss of the civil status of the child or to obtain the civil status of another.

Question 3

notes on Simulation of birth

Answer 3

• need not be legitimate.

-purpose of the acts punished must be to cause the loss of the civil status of the child or to obtain the civil status of another.

• Simulation of birth, the act of making it appear that a woman gave birth to a child, MUST be in the record of birth/birth certificate. A birth certificate is obtained indicating that the woman gave birth to a child when in truth she did not.
• if the simulation is in ANY OTHER document, the crime is falsification
• If the woman feigns or pretends to be pregnant and then makes it appear she gave birth to a baby when in truth the baby is that of another, such pretense is not punished. But when she causes the birth to be recorded, said act constitute the crime of simulation of birth.
• if the woman pretends to be pregnant and give birth in order to demand support from the alleged father, the crime is estafa

Question 4

Notes on Substitution

Answer 4

Substitution has for its principal element the putting of a child in place of another born of a different mother. This results to a change of status because a child is introduced into a family although said child is a stranger thereto. The child acquires a name, situation and rights to which it is not lawfully entitled.

ex. placing a different baby in the crib of another.

Question 5

Concealing or Abandoning any legitimate child

Answer 5

 The child must be legitimate.
 The offender conceals or abandons such child; and
 The offender has the intent to cause such child to lose its civil status

[ex.]
A married couple has a child, but the father abandons the family shortly after birth.
The mother, overwhelmed and desperate, leaves the baby at an orphanage without revealing her identity or any information about the child’s father. The orphanage registers the child with a random name and date of birth (estimated based on the baby’s apparent age).

Loss of Civil Status:
In this case, the child has lost some key aspects of their civil status:

Identity: Their real name and date of birth are unknown.
Parentage: No legal parents are recorded, making it difficult to establish parental rights or claim inheritance.
Nationality: If the orphanage is unsure of the parents’ nationality, it might be difficult to establish the child’s citizenship

Question 6

Notes on Concealment or Abandonment

Answer 6

The abandonment is not to kill but to cause it to lose its civil status.

It consists of the practice of leaving an infant at the door of a religious or charitable institution, hospitals, or a foster home or the DSWD. The child be legitimate else it is a crime against security i.e. abandonment by persons having charge of the education or rearing of the child.

Question 7

348

Answer 7

Usurpation of Civil Status
The penalty of prision mayor shall be imposed upon any person who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended part or his heirs; otherwise, the penalty of prision correccional in its medium and maximum periods shall be imposed

note
- The penalty is higher if the purpose is to defraud the offended party or his heirs such as pretending to be the lost son or nephew of a rich man.
- It is the act of pretending to be another person so as
to enjoy the latter’s rights, filiations, paternity or conjugal rights, including his profession or public status. It involves the idea of impersonating another.

Question 8

Other Related Crimes involving usurpation/impersonation

F F F F

Answer 8

 May be Using Fictitious Name as when the accused use another name to avoid being arrested for traffic violations.
 Estafa as by pretending to be the creditor or collector
 Falsification as by pretending to be the payee in a check
 Perjury

payee - one who received payment

Question 9

Usurpation of Civil Status

vs.

Estafa by means of any false preteneses or fraudulent acts by By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits (Art. 315 (a))

Answer 9

was it a necessary means to commit the other crime? If so, then complex it (Art. 48)

if it wasn’t, then it would be separate charges

Question 10

349

Answer 10

BIGAMY The penalty of prisión mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, [or] before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

note
- mere contracting of subsequent marriage is sufficient to be liable for bigamy unless otherwise.

Question 11

350

Answer 11

Art. 350. Marriage contracted against provisions of laws. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next proceeding article(351-premature marriages), shall have not been complied with or that the marriage is in disregard of a legal impediment.

If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next preceding

Question 12

Marriage contracted against the provisions of the laws
Elements:

Answer 12

 That the offender contracted marriage.
 That he knew at the time that;
a. The requirements of the laws were not complied with, [or]
b. The marriage was in disregard of a legal impediment

Question 13

351

Answer 13

Premature marriages. — Any widow who shall marry within three hundred and one day (301) from the date of the death of her husband, [or] before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day (301) after the legal separation

note
widow - husband died
any woman here - after having annulled or dissolved and marries within 301 days after legal separation

Question 14

352

Answer 14

Performance of illegal marriage ceremony. — Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law.

Question 15

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Answer 15

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