Criminal Law II, Prof.

IRJimenez

TITLE XII Crimes Against the Civil Status of Persons

Civil status and rights by birth or marriage
Filiation Parental authority Marital status Conjugal rights Hereditary rights

ART. 347
1. Simulate births 2. Substitute one child for another 3. Conceal or abandon a legitimate child
2

Simulation of birth & Substitution of child

Mens rea Intent to create a false civil status by introducing a strange child Not mere pretense of pregnancy, e.g. to claim maternity benefits or dispel rumors she is sterile Benefit of child not a defense
3

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Concealment or abandonment of a legitimate child

Mens rea to cause loss of civil status as legitimate child Actus reus abandon or conceal, not merely selling (US v. Capillo & Paduga) c.f. Art. 276 (Abandonment of Child) must be by person entrusted with custody c.f. Attempted Infanticide with intent to kill

Persons liable
All persons who participated liable as principals biological mother, supposed mother, physician, nurse, mid-wife, public officer (civil registrar)
Doctor & public officer temp. special disqualification

ART. 348 Usurpation of civil status

Usurp civil status of another Mens rea Intent to enjoy rights arising from civil status of another person, including filiation, parental or conjugal rights Otherwise, possible Use of Fictitious Name (Art 178), Estafa (Art 315(2)(a)), and/or Falsification (Art. 171) Penalty higher if to defraud victim or his heirs

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Illegal Marriages

ART. 349 - Bigamy

Contract 2nd or subsequent marriage Before Former marriage legally dissolved Absent spouse declared dead by court

Bigamy
Void first marriage no longer a defense (Wiegel v. Sempio-Diy) BUT second or subsequent marriage must be valid were it not for the bigamy Not a private crime Separate liability for concubinage Prescription constructive notice of marriage registry NOT APPLICABLE (Sermonia v. CA)

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

ART. 350 Other illegal marriages

Two kinds:
1. Do not comply with legal requirements 2. Disregard legal impediment

Higher penalty if consent obtained thru violence, intimidation or fraud

10

ART. 351 Premature marriages

Widow Marries w/in 301 days from
Death of husband Annulment of marriage

Marries before having delivered, if she was pregnant at the time of death or annulment Purpose to prevent doubts in filiation
11

ART. 352 Performance of illegal marriage ceremony

Solemnizing officer performs/authorizes illegal marriage ceremony, with knowledge of the illegality or impediment Penalty = 1 month 2 years or P200 P2000 fine (Act No. 3613, Marriage Law) If not authorized, possibly Usurpation of Authority or Official Functions (Art. 177) or Estafa (Art. 315)
12

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

???

13

To be used only as reference for an accompanying lecture