U.S.

V Jeffrey

G. R. L- 5597
March 5, 1910
15 PHIL 394

Facts:
Teodorica Saguinsin was in a shop when a man named D. B. Jeffrey appeared therein, and without apparent reason whatever, struck her three
times on the hip which caused her to fall to the ground, and being three months pregnant, she had a miscarriage the following day. D.B. Jeffrey
did not know that she is pregnant and the complaint against him is only for “lesiones menos graves”. In the information read to him, it was
however stated that miscarriage occured due to his maltreatment of her.

Issue:
WON Jeffrey may be found guilty of abortion even if the complaint does not charge him of the same.

Held:
Yes. In fact what was committed is abortion, not lesiones. Even though the criminal intent is not abortion, the fact that without any apparent
reason whatever, he maltreated Teodorica, presumably not knowing that she is pregnant, as author of the abuse which caused the miscarriage,
he is liable not only for such maltreatment but also for the consequences thereof, to wit, for the abortion.
 PEOPLE vs. SALUFRANIA

Facts:

Before the court is information, dated 7 May 1976, FilomenoSalufrania y Aleman was charged before the Court of First Instance of Camarines
Norte, Branch I, with the complex crime of parricide with intentional abortion, committed that on or about the 3rd day of December, 1974, in
Tigbinan, Labo, Camarines Norte, Philippines, and within the jurisdiction of the Honorable Court the accused FilomenoSalufrania y Aleman did
then and there, willfully, unlawfully, and feloniously attack, assault and use personal violence on MARCIANA ABUYO-SALUFRANIA, the lawfully
wedded wife of the accused, by then and there boxing and stranging her, causing upon her injuries which resulted in her instantaneous death;
the accused likewise did then and there willfully, unlawfully, and feloniously cause the death of the child while still in its maternalwomb,
thereby committing both crimes of PARRICIDE and INTENTIONAL ABORTION as to the damage and prejudice of the heirs of said woman and
child in the amount as the Honorable Court shall assess.

Issue:

Should FilomenoSalufrania be held liable for for the complex crime of parricide with unintentional abortion?

Held:

The evidence on record, therefore, establishes beyond reasonable doubt that accused FilomenoSalufrania committed and should be held liable
for the complex crime of parricide with unintentional abortion. The abortion, in this case, was caused by the same violence that caused the
death of MarcianaAbuyo, such violence being voluntarily exerted by the herein accused upon his victim.

It has also been clearly established (a) that MarcianaAbuyo was seven (7) to eight (8) months pregnant when she was killed; (b) that violence
was voluntarily exerted upon her by her husband accused; and (c) that, as a result of said violence, MarcianaAbuyo died together with the
foetus in her womb.

WHEREFORE, as modified, the judgment appealed from is AFFIRMED. Accused-appellant is hereby sentenced to suffer the penalty of reclusion
perpetua. The indemnity of P12,000. 00awarded to the heirs of the deceased MarcianaAbuyo is increased to P30, 000.00 in line with the recent
decisions of the Court.

With costs against the appellant.