Title Twelve: CRIMES AGAINST THE CIVIL STATUS OF PERSONS

 

Chapter one: SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Article 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. – The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.

The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status.

Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification.

Elements:

• any person
• Shall commit the following:
  • cooperate in the simulation of births,
  • substitution of one child for another
  • concealment or abandonment of a legitimate child

Article 348. Usurpation of civil status. – The penalty of prision mayor shall be imposed upon any person who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended part or his heirs; otherwise, the penalty of prision correccional in its medium and maximum periods shall be imposed.

Elements:

• any person
• Shall represents himself as another
• assumes the filiations or rights pertaining to such person
• intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto

 

Chapter Two: ILLEGAL MARRIAGES

Article 349. Bigamy. – The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

Elements:

• any married person
• Shall contract a subsequent marriage
• The former marriage has not been legally dissolved, or
• The absent spouse has not been declared presumptively dead

Article 350. Marriage contracted against provisions of laws. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next proceeding article, shall have not been complied with or that the marriage is in disregard of a legal impediment.

If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next preceding paragraph.

Elements:

• any person
• Shall contract marriage
• That the marriage is in disregard of a legal impediment

Article 351. Premature marriages. – Any widow who shall marry within three hundred and one day from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation.

Elements:

• any woman
• Shall contract marriage withing 301 days
• from the date of death of her husband, or
• Whose marriage have been annulled or dissolved, or
• Before having delivered if she is pregnant at the time of his husband’s death or dissolution of marriage

Article 352. Performance of illegal marriage ceremony. – Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law.

Elements:

• any person such as:
  • Priests or ministers of any Religious Denomination or sect
  • Civil Authorities
• Shall perform or authorize any illegal marriage ceremony