Digested Case on Abortion G.R. No. L-4795 November 23, 1908

Picture of an aborted fetus



G.R. No. L-4795            November 23, 1908

THE UNITED STATES, plaintiff-appellee, vs.         MARIANO BOSTON, defendant-appellant.

FACTS: The accused in this case was convicted of the crime of abortion as define and penalized in paragraph 3 of article 410 of the Penal Code.
Here, the counsel for appellant interposed the defense that  the evidence does not conclusively establish intention to abort in light of the absence of evidence in the record which would  disclose the character and medicinal qualities of the option which the accused gave to the mother whose child was aborted. In fact, the evidence clearly showed the child was born three months in advance of the full period of gestation; that the appellant, either believing of pretending to believe that the child in the womb of the woman was a sort of a fish-demon (which he called a balat), gave to her a portion composed of herbs, for the purpose of her relieving her of this alleged fish-demon; that two hours thereafter she gave premature birth to a child, having been taken with the pains of child birth must immediately after drinking that herb potion given by her the appellant; that after the birth of the child the appellant, still believing or pretending to believe that the child was a fish-demon which had taken upon itself human form, with the permission and aid of the husband and the brother of the infant child, destroyed it by fire in order to prevent its doing the mischief which the appellant believed or affected to believe it was capable of doing.

ISSUE: Whether or not the appeal should be granted on grounds interposed by the defense?

HELD: No.  The above facts constitute, prima facie proof of the intent of the accused in giving the herb potion to the mother of the child, and also of the further fact that the herb potion so administered to her was the cause of its premature birth. The defense wholly failed to rebut the prosecution testimony warranting conviction beyond reasonable doubt.The sentence imposed is in strict accord with the penalty provided by the code, and was affirmed with cost against the appellant.