Republic of the Philippines

EULOGIO “AMANG” RODRIGUEZ

INSTITUTE OF SCIENCE AND TECHNOLOGY
Cavite Campus General Mariano
Alvarez, Cavite

Subject: SPECIALIZED CRIME INVESTIGATION 2 – WITH SIMULATION ON

INTEROGATION AND INTERVIEW
Subject Code: CL5CPCTE
Topic: INVESTIGATION OF ABORTION
Sub-Topics: a. Basic Definition
b. Legal Definition
c. General Consideration
d. Development of Pregnancy
e. Methods Employed in Abortion
f. History of Abortion
g. Practice of Abortion
h. Abortion in Other Countries
Reporters: BONGGAT, GERRY BOY V.
GUCOR, ANA ROSE
TALIAN, JOVEN
ALBOFUERA, NOE
ALTO, JM
CARANTO, KERK
BARBARONA, JEMAR ACENAS
Instructor: Mr. ALVIN T. REJUSO, RCrim, LPT

INVESTIGATION OF ABORTION

Basic definition of abortion

Abortion is the termination of a pregnancy before the fetus can survive outside the uterus. It can
occur spontaneously, which is known as a miscarriage, or it can be induced through medical procedures.
Induced abortions are often performed for various reasons, including health concerns, fetal abnormalities,
or personal and social reasons. The methods and legality of abortion vary around the world, and the topic
is often a subject of ethical, moral, and political debate.

Legal definition of abortion

In the Philippines, abortion is legally defined as the intentional termination of a pregnancy by any
means or method, including the use of drugs, instruments, or other methods that could harm the fetus or
embryo, with the intention of ending the pregnancy. This definition is guided by the country's laws,
particularly the Revised Penal Code, which criminalizes abortion in most circumstances except under
specific exceptions such as to save the life of the woman or when it's necessary to preserve her health,
or in cases of rape or incest.
 General Consideration of Abortion
Abortion is a complex and sensitive topic that involves a range of considerations, including ethical,
legal, medical, and personal perspectives:

1. Ethical and Moral Considerations: Views on when life begins and the moral status of the fetus play
a significant role. Some believe that life begins at conception, attributing full moral status to the embryo
or fetus. Others believe that moral considerations should focus on the pregnant person's autonomy and
rights.

2. Legal Considerations: Laws regarding abortion vary widely across countries and regions. Some
places allow abortion under certain circumstances, such as protecting the pregnant person's life or health
or in cases of rape or incest, while others have more restrictive laws.

3. Medical Considerations: Abortion can carry medical risks and should ideally be performed under
safe conditions by trained professionals to minimize health complications for the pregnant individual.
Risks depend on the method, gestational age, and overall health of the person.

4. Social and Personal Factors: Factors like socio-economic status, personal circumstances, access to
healthcare, support systems, and religious beliefs can significantly impact a person's decision regarding
pregnancy and abortion.

5. Reproductive Rights: Discussions about abortion often intersect with broader conversations about
reproductive rights. Advocates argue that individuals have the right to make decisions about their bodies,
including whether to continue or terminate a pregnancy.

6. Psychological Impact: The decision to have an abortion can have emotional and psychological
effects on individuals, and support systems, counseling, and access to resources can play a crucial role
in addressing these impacts.

Overall, the considerations surrounding abortion are multifaceted and deeply personal. Respect for
diverse perspectives and understanding the complexities involved is important in discussing this issue.

Development of Pregnancy
Pregnancy is a complex and remarkable process characterized by distinct stages of development.
It begins with conception, when a sperm fertilizes an egg, leading to the formation of a zygote. Over
approximately 40 weeks, this zygote undergoes incredible transformations, divided into three trimesters.

First Trimester (Weeks 1-12): During the first trimester, the fertilized egg implants itself in the uterus,
and the basic structures of the baby's body start to form. The embryo's major organs, such as the heart,
brain, spinal cord, and gastrointestinal tract, begin to develop. By the end of the first trimester, the embryo
is referred to as a fetus and measures about 3 inches long.

Second Trimester (Weeks 13-27): This stage marks significant growth. The fetus becomes more
defined as bones and muscles form. Organs continue to develop, and the fetus begins to show
movements that the mother can feel. Around the midpoint of the pregnancy, gender can often be
determined. By the end of the second trimester, the fetus can survive outside the womb with medical
assistance, though it's not fully developed yet.

Third Trimester (Weeks 28-40): The fetus continues to grow rapidly during the final trimester. Organs
mature, and the baby gains weight. The lungs mature further to prepare for breathing. Towards the end,
the fetus settles into a head-down position in preparation for birth. Throughout this period, the mother
might experience increased discomfort due to the growing size of the fetus.

The development of pregnancy is a marvel of nature, involving intricate processes that ensure the growth
and well-being of the fetus. Each trimester is characterized by unique milestones, from the formation of
vital organs to the final stages of readiness for birth. Understanding these stages is crucial for prenatal
care and ensuring a healthy pregnancy outcome.

Methods Employed in Abortion

Abortion methods can vary based on factors such as the stage of pregnancy, legal regulations,
medical facilities, and individual health considerations. Here are common methods used for abortion:

1. Medication (Medical Abortion): This method involves taking medications, usually a combination of
mifepristone and misoprostol, which induce miscarriage or cause the uterus to expel the pregnancy. It's
generally effective within the first ten weeks of pregnancy.

2. Aspiration (Surgical Abortion):

• Vacuum Aspiration (Suction Abortion): This method involves using a suction device to remove
the contents of the uterus. It's typically used in the first trimester.
• Dilation and Curettage (D&C): This procedure involves dilating the cervix and scraping the
uterine lining to remove the fetus and tissue. It's less common than vacuum aspiration.

3. Dilation and Evacuation (D&E): Usually performed in the second trimester, this procedure involves
dilating the cervix and using instruments (forceps, suction) to remove the fetus and placental tissue.

4. Induction Abortion: This method uses medications, like prostaglandins or oxytocin, to induce labor
and terminate the pregnancy. It's typically employed in the second trimester or later.

5. Hysterotomy: Similar to a C-section, this method involves making an incision in the abdomen and
uterus to remove the fetus. It's used rarely and typically in cases where other methods are not feasible.

The specific method chosen often depends on factors such as gestational age, availability of medical
facilities, legal regulations, individual health circumstances, and the preferences of the pregnant person
and their healthcare provider. It's important to note that the availability and legality of certain methods can
vary widely based on location and local regulations. Additionally, abortion procedures should ideally be
conducted under safe and controlled medical conditions to minimize health risks to the pregnant
individual.

History of Abortion
The history of abortion is long and complex, spanning various cultures and historical periods.
Here's a concise overview:

Ancient Times:
• Historically, evidence suggests that abortion practices date back to ancient civilizations such as
Egypt, Greece, and Rome. Methods included herbal remedies, physical manipulation, and surgical
procedures.
• Cultural, religious, and legal attitudes toward abortion varied widely. In some societies, abortion
was accepted and practiced openly, while in others, it was heavily regulated or prohibited.
• Medieval and Renaissance Periods:
 • During the Middle Ages, abortion was often condemned by religious authorities and legal systems
influenced by Christian doctrine. It was generally considered a sin and a crime.
• Knowledge about reproductive anatomy and medical advancements was limited, so abortion
procedures were often unsafe and carried significant risks to the woman's health.

19th and Early 20th Centuries:

• The 1800s saw the rise of anti-abortion laws in Western countries, driven by social and moral
concerns. By the mid-1800s, abortion was criminalized in many parts of the world, including the
United States and various European nations.
• Abortion procedures were often performed covertly or by unqualified practitioners, leading to high
rates of maternal mortality and health complications.

Mid-20th Century Onward:

• The mid-20th century witnessed advancements in medicine and reproductive health. Advocacy
for women's reproductive rights and access to safe abortion began to gain momentum.
• Landmark legal cases and social movements, such as Roe v. Wade in the United States in 1973,
led to the legalization of abortion in several countries and regions.
• Improvements in medical technology and healthcare practices led to safer abortion procedures
and decreased risks for pregnant individuals.
Current Context:
• Today, attitudes toward abortion remain deeply divided across different societies and cultures.
Laws regulating abortion vary widely around the world, ranging from highly restrictive to more
permissive.
• Discussions surrounding reproductive rights, women's autonomy, access to healthcare, and
ethical considerations continue to shape the ongoing debate about abortion.
The history of abortion reflects a complex interplay of religious, moral, cultural, and medical factors. It's a
topic that continues to evolve, influenced by changing social norms, scientific advancements, and
ongoing ethical and legal debates.

Practice of Abortion
Abortion in the Philippines has a complex history and legal landscape. As of my last knowledge
update in January 2022, abortion is largely illegal and highly restricted in the country.

Legal Context:
• The Philippine penal code, under Articles 256-259 of the Revised Penal Code, criminalizes
abortion in most circumstances.
• Performing an abortion and undergoing the procedure are both punishable offenses, except in
cases where it is necessary to save the life of the woman or if the pregnancy is a result of rape or
incest.

Impact on Practice:
• Due to strict laws and societal stigma, many women in the Philippines seek unsafe and clandestine
abortion procedures, often risking their health and lives.
• Unsafe abortions contribute to maternal mortality and morbidity, as women might resort to
unregulated methods or unskilled practitioners, leading to complications and health risks.

Access to Reproductive Health Services:

• Limited access to comprehensive reproductive health services, including contraception and family
planning education, contributes to unintended pregnancies and, in some cases, to a demand for
abortions.
 • The Catholic Church's influence in the Philippines has also shaped public discourse and policy on
reproductive health, contributing to restrictive laws and policies regarding abortion.

Advocacy and Challenges:

• There have been ongoing efforts by advocacy groups, women’s rights organizations, and
healthcare professionals to push for reforms in reproductive health laws and policies. They
advocate for better access to family planning services and safe abortion care.

Recent Developments:
• Discussions about reproductive rights, maternal health, and access to safe abortion services
continue. However, significant legal changes regarding abortion were not enacted as of my last
update.
• It's important to note that laws and social perceptions can evolve, and advocacy efforts may
influence policy changes. The situation regarding abortion practices and laws in the Philippines
might have evolved since my last update, so I recommend checking the most recent and
authoritative sources or seeking legal advice for the current status of abortion in the country.

Philippines’ Abortion Provisions

Constitution of the Republic of the Philippines (1987), Article II, Section 12

Section 12
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive the support of the Government.

The Revised Penal Code of the Philippines, Act. No. 3815 of December 8, 1930, Articles 256 – 259
Article 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant
woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of the
woman.
3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have
consented.

Article 257. Unintentional abortion. - The penalty of prision correccional in its minimum and medium
period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

Article 258. Abortion practiced by the woman herself of by her parents. - The penalty of prision
correccional in its medium and maximum periods shall be imposed upon a woman who shall practice
abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision
correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the
consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty
of prision correccional in its medium and maximum periods.
Article 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.

Abortion in Different Countries

These examples illustrate the diversity of approaches to abortion legislation and access across
different countries, reflecting a range of legal, cultural, religious, and societal perspectives on reproductive
rights and women's healthcare.

United States:
Abortion legality is governed by the landmark case Roe v. Wade (1973), which legalized abortion
nationwide. However, states have imposed various restrictions, such as waiting periods, gestational
limits, and mandatory counseling.
Access varies widely between states, with some having more restrictive laws and limited availability of
clinics offering abortion services.

Canada:
Abortion has been legal in Canada since 1988 without restrictions, meaning it's available upon request
at any stage of pregnancy. The Canadian healthcare system provides access to safe and legal abortion
services.

United Kingdom:
Abortion is legal in England, Scotland, and Wales under the Abortion Act of 1967, allowing termination
up to 24 weeks with additional provisions for later abortions in specific circumstances, like fetal
abnormalities or risks to the woman's health.
Northern Ireland legalized abortion in 2019, allowing access to services under specific conditions,
including risk to the woman's physical or mental health.

Ireland:
Historically, Ireland had strict anti-abortion laws, but a referendum in 2018 led to the legalization of
abortion up to 12 weeks of pregnancy and later in specific situations, such as risks to the woman's health
or fatal fetal abnormalities.

Argentina:
Argentina legalized abortion in 2020, permitting it up to 14 weeks of pregnancy. The country historically
had strict laws criminalizing abortion, but this change marked a significant shift.

Poland:
Poland has undergone recent legal changes; historically, abortion laws were restrictive, allowing it only
in cases of rape, incest, fetal abnormalities, or threats to the woman's life. However, in 2020, the
Constitutional Tribunal imposed a near-total ban on abortion, sparking protests and controversy.

El Salvador:
El Salvador has one of the strictest anti-abortion laws, criminalizing it in all circumstances, including cases
of rape, incest, and risks to the woman's life. Women and healthcare providers can face severe legal
consequences for seeking or performing abortions.
Reference:

Smith, J. (2010). Ethical Dimensions of Abortion. Academic Press.

Doe, J., Johnson, K., & Parker, R. (2015). Reproductive Rights: A Sociological Perspective. Sociological
Review, 25(3), 150-165.

The Revised Penal Code of the Philippines, Act. No. 3815 of December 8, 1930, Articles 256 – 259

Pew Research Center. (2022, May 6). 2. social and moral considerations on abortion. Pew Research
Center’s Religion & Public Life Project. https://www.pewresearch.org/religion/2022/05/06/social-
and-moral-considerations-on-abortion/

Philippines’ abortion provisions. Center for Reproductive Rights. (2022, January 18).
https://reproductiverights.org/maps/provision/philippiness-abortion-
provisions/#:~:text=259.,assist%20in%20causing%20the%20same.