REPUBLIC OF THE PHILIPPINES 
13'h CONGRESS OF THE 
Second Regular Session 
Senate Bill No. 
INTRODUCED BY SENATOR MANNY VILLAR 
EXPLANATORY NOTE 
In this country, an unborn child is already entitled to the protection of the 
State from the time of his conception. Thus, Sec. 12, Article II of the 1987 
Constitution provides that the State shall "protect the life of the mother and the 
life of the unborn from conception". 
Under Article 3, par. I of P.D. 603, Child and Youth Welfare Code, it is 
especially stated that "Every child is endowed with dignity and worth of a human 
being from the moment of his conception, as generally accepted in medical 
parlance, and has, therefore, the right to be born well". 
The incidents of abortion practiced by physicians and midwives with 
sometimes the assistance of nurses have reportedly increased tremendously, 
although almost all of which are unrecorded. The sudden rise of abortion cases 
was due to the proliferation of prostitution. This of course does not include yet the 
growing number of students resorting to abortion. 
It is not easy to stop abortion. The reason is because abortion is usually 
done in a private clinic, during which only the physician and the pregnant woman 
are present. Hence, there can be no available witness against the physician or 
midwife except the woman subject of abortion. 
It is only in the event of complications or infections of the subject due to 
abortion when it is known that the woman has undergone an abortion. Such 
cases are not reported to authorities but are kept in the confidential files of the 
hospital. No amount of prodding will persuade the subject woman to criminally 
charge for abortion the physician or midwife who performed the abortion because 
under Article 258 of the Revised Penal Code, she herself will be liable as 
principal in the crime of intentional abortion. 
In reality, in this jurisdiction, it is very seldom that a physician or midwife is 
charged with abortion. Statistics will show this. The reason is due to lack of 
witnesses to prove the crime. However, there should be a way to stop these 
insensible killings of the unborn by the abortionists. 
This bill, therefore, seeks to propose a solution to the problem. Principally, 
we think the penalty of prision correccional in its maximum period (with the range 


of four (4) years, two (2) months and one (1) day to six (6) years) under Article 
259 of the Revised Penal Code is too light. In such case, even in case of 
conviction, a physician can still avail of the probation law since the penalty is less 
than 6 years and 1 day, which is the maximum penalty in order for one to be 
entitled to probation. 
We proposed to raise the penalty to prision mayor in the maximum period 
with the range of ten (IO) years and one (1) day to twelve (12) years. In addition, 
to dissuade physicians, midwives and nurses from committing the crime of 
abortion, the accessory penalty should be raised from the mere suspension of 
the license to practice medicine or midwifery during the period of the sentence to 
perpetual loss of license. 
Another feature of this bill is the grant of immunity from prosecution to the 
woman who underwent abortion if she shall testify against the physician or 
midwife. This will solve present problem of lack of any prosecution witness to 
prove the crime of abortion. 
There are instances when a registered nurse may have performed or 
practiced abortion or have assisted in causing the same. Since in the crime of 
abortion committed by a nurse is not defined in Article 259 of the Revised Penal 
Code, then her penalty in case of conviction will fall under Article 256, par. 3, of 
the Revised Penal Code, which is prision correccional in its medium and 
maximum periods, which is much lighter that what is provided in Article 259. 
Hence, since a nurse is equally in the medical profession like a physician or 
midwife, her criminal liability should be included in Article 259. Thus, the need for 
an amendment. 
In view of the foregoing, the approval of this bill is earnestly requested. 
MANNY VIL AR 


13‘h CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
e 
~~~~~~V~~ BY -- ”I &.*- 
S E N A T E  
Senate BIII NO 2 x 4  
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
INCREASING THE PENALTY OF IMPRISONMENT FOR ABORTION 
PRACTICED BY PHYSICIANS, MIDWIVES, INCLUDING NURSES AND THE 
ACCESSORY PENALTY THEREFOR TO PERPETUAL LOSS OF LICENSE 
TO PRACTICE PROFESSION AND FOR OTHER PURPOSES 
Be enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled. 
SECTION 1. Article 259 of Commonwealth Act No. 3815, as amended, 
otherwise known as the Revised Penal Code is hereby amended to read as 
follows: 
“ART. 259. Abortion practiced by a physician, [or] midwife 
OR NURSE and dispensing of abortives. - The [penalties provided 
in Article 2561 PENALTY OF PRlSlON MAYOR shall be imposed in 
[their] ITS maximum period, [respectively,] upon any physician [or], 
midwife, OR NURSE 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 arrest0 mayor 
and a fine not exceeding One Thousand Pesos (Pl,OOO.OO).” 


SECTION 2. Article 42 of Commonwealth Act. No. 3815, as amended, 
otherwise known as the Revised Penal Code is hereby amended to read as 
follows: 
"ART. 42. Prision Mayor. Its accessory penalties. - The 
penalty of prision mayor shall carry with it that of temporary 
absolute disqualification EXCEPT FOR VIOLATION OF ARTICLE 
259 WHICH SHALL CARRY WITH IT THAT OF PERPETUAL 
ABSOLUTE DISQUALIFICATION, and that of perpetual special 
disqualification from the right of suffrage which the offender shall 
suffer although pardoned as to the principal penalty, unless the 
same shall have been expressly remitted in the pardon." 
SECTION 3. Any woman upon whom abortion was practiced by any 
physician, midwife or nurse, shall be exempt from criminal prosecution for 
intentional abortion in the event that she agrees to testify against the physician, 
midwife or nurse concerned. 
SECTION 4. Any provision of law, executive order, decree or rules of 
court, which may be inconsistent with the provisions of this Act are hereby 
repealed, amended or modified accordingly. 
SECTION 5. This Act shall take effect upon its approval. 
Approved.