CRIMES AND

CRIMES AND
THE MIDWIFE
THE MIDWIFE
Crime is an act or omission punishable by law. Any act that is committed
by the midwife in her practice that is beyond her scope and causes serious
damage or death of the patient or commission of an act against other
person can be considered as crime.

Criminal Liability may be incurred to a midwife if she herself has

committed a felony or an act which would be an offense against another
person or property.
Criminal Law is the branch of law that defines crimes, treats of their
nature and provides their punishment.
 Party Planning

CRIMES
PUNISHABLE
BY LAW
INVITE ADORN DANCE
FELONY
is an act or omission that is committed by means of deceit (dolo) and
fault (culpa). Deceit is committed when there is a deliberate intent and
when a wrongful act that has resulted from imprudence, negligence, lack
of skills is committed is considered as fault.

Deliberate intent is described as an act or omission that is committed with

freedom and intelligence and the person is below nine years of age. A
person without intelligence cannot decide what is wrong and right.
Classification of Felonies According to Stages of Execution

Attempted Felony is considered when the offender commences the

commission of felony directly by over acts and does not perform all the acts
of execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance.

Frustrated Felony is committed when the offender performs all the acts of
execution which would produce felony as a consequence did not produce it
by reason of causes independent of the will of the perpetuator.

Consummated Felony is a felony that consummated all the elements

necessary for the execution and accomplishment is present
 Classification of Felonies According to their Gravity

Grave Felonies are those which the law punishes with capital punishment of Capital
Punishment (death penalty), Reclusion Perpetua (imprisonment from twenty to forty years),
and Prison Mayor
Less Grave Felonies are those which the law punishes with any correctional penalties.
Correctional penalties include: Prison Correctional (imprisonment from six months and
one day to six years): Destierro (restriction of a freedom from six months and one day
to six years); and Arresto Mayor (imprisonment of one month and one day to six
months).

Light Felonies are those punishable by law with Arresto Menor (imprisonment or
deprivation of freedom of one day to thirty days) or with a fine not exceeding two
hundred pesos (P 200.00) or both imprisonment and fine.
CONSPIRACY TO A
CRIME
A conspiracy exists when to tow or more persons come to an agreement
concerning the commission of felony and decide to do it.

Classification of Persons who are Criminally Liable for

Conspiracy
Principals are persons who took part in the crime by: direct participation in the commission
of felony; inducing others to commit the crime; cooperating in the commission of the act by
another act to which the crime has been successfully accomplished.

Accomplices are persons who are not principals but have cooperated in the execution of the
crime of felony by previous or simultaneous act. In criminal law it is termed as "accessory
before the fact".
Accessory are persons who having the knowledge of the commission of the crime and
without having participated therein, either as principals or accomplices take part after
the crime was committed.
Circumstances Affecting Criminal Liability
Justifying Circumstances are those various circumstances where the act of the person is
said to be in accordance with the law, so that said to be in accordance with the law, so that
such person is deemed not to have transgressed the law and is free from both criminal and
civil liability.
Exempting circumstances are those grounds for exemption from punishment because of
the complete absence of intelligence or freedom of action on the part of the accused.
Mitigating circumstances are those that do not constitute justification or excuse of the
offense in question but which in fairness and mercy maybe considered as extenuating or
reducing moral culpability. This only reduces the liability of the offender but do not
change the nature of the crime.

Aggravating Circumstances are those attending to the commission of a crime which

increases the criminal liability of the offender or make his guilt more severe.
CRIMES AGAINST PERSONS
Parricide. Any person who shall kill his father, mother, or child, whether legitimate
or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty
of parricide and shall be punished by the penalty of reclusion perpetua to death.

Murder. Any person who, not falling within the provisions of Article 246 shall kill
another, shall be guilty of murder and shall be punished by reclusion temporal in its
maximum period to death, if committed with any of the following attendant
circumstances:

1.With treachery, taking advantage of superior strength, with the aid of

armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation; And with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging or scoffing at his person or corpse

Homicide. Any person who, not falling within the provisions of

Article246, shall kill another without the attendance of any of
the circumstances enumerated in the next preceding article,
shall be deemed guilty of homicide and be punished by
reclusion temporal.
Death caused in a tumultuous affray. When, while several persons, not composing groups
organized for the common purpose of assaulting and attacking each other reciprocally,
quarrel and assault each other in a confused and tumultuous manner, and in the course of
the affray someone is killed, and it cannot be ascertained who actually killed the deceased,
but the person of persons who inflicted serious physical injuries can be identified, such
person or persons shall be punished by prison mayor.

Physical injuries inflicted in a tumultuous affray. When in a tumultuous affray as

referred to in the preceding article, only serious physical injuries are inflicted upon the
participants thereof and the person responsible thereof cannot be identified, all those who
appear to have used violence upon the person of the offended party shall suffer the
penalty next lower in degree than that provided for the physical injuries so inflicted.
Giving assistance to suicide. Any
person who shall assist another to
commit suicide shall suffer the penalty
of prison mayor; if such person leads his
assistance to another to the extent of
doing the killing himself.

Infanticide. A crime committed by any person

who
. kill any child less than three days of age
 Abortion. It is the expulsion of the fetus
from the womb before it is capable of
sustaining life, which expulsion in its death.

Intentional abortion. Any person who shall intentionally

cause by the offender 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.
Unintentional abortion. This is committed by a person who without
intention of the abortion, however voluntarily employs physical violence
upon pregnant woman which causes her to abort.

Abortion practiced by the woman herself of by her parents. Any

woman who shall practice abortion upon herself or shall consent
that any other person should do so.

Abortion practiced by a physician or midwife and dispensing of

abortive. Any physician or midwife who, taking advantage of their
scientific knowledge or skill, causes an abortion or assist in causing
the same.
Mutilation. Any person who
shall intentionally mutilate
another by depriving him,
either totally or partially, or
some essential organ of
reproduction. Any other
intentional mutilation shall be
punished by prison mayor in its
medium and maximum periods.
Physical Injuries
Serious physical injuries. Any person who shall wound, beat, or assault another,
shall be guilty of the crime of serious physical injuries.
Less serious physical injuries are injuries inflicted by another person which
incapacitate the offended party for labor for ten days or more, or shall require medical
assistance for the same period, shall be guilty of less serious physical injuries and of
arresto mayor and shall suffer the penalty.

Slight physical injuries and maltreatment are injuries or harm inflicted on a person
which incapacitates the offended party from one to nine days or requires medical
attention during the same period. Maltreatment can also be committed by ill treatment
of another person as evidence of actual injury is present.
THANK YOU!