Practice question
An assailant intentionally strikes a pregnant woman, causing an abortion, but did not intend the abortion. The causal facts and all Article257 elements are proved, and no more specific rule displaces it. He argues the absence of intent to abort necessarily excludes that provision. Which is correct?
- Article257 specifically addresses abortion caused by violence without that intent
- Absence of intent always excludes Article257
- Every miscarriage is automatically Article257
- Violence is irrelevant to Article257
- The woman’s pregnancy need not be involved
Legal references
- Revised Penal Code relevant substantive provisions: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Articles253 and256–259.
Answer this question in flashcards to review your response and continue practicing.