Date Posted: August 12, 2025

Infanticide in the Philippines: A Specialized Crime of Unlawful Killing

The Philippine legal system recognizes the unique and tragic nature of crimes committed against infants. Infanticide, while a form of unlawful killing, is treated as a distinct crime from parricide, murder, or homicide due to the specific age of the victim and, in certain cases, the offender’s motivation. This detailed legal article delves into the legal framework of infanticide under the Revised Penal Code (RPC), its elements, and the special provisions that differentiate it from other crimes against persons.

What is Infanticide?

Infanticide is defined and penalized under Article 255 of the Revised Penal Code. It is the crime of killing a child who is less than three days old (or 72 hours old). The law makes no distinction as to who the offender is; it can be the child’s parent, a relative, or even a stranger.

The definition is crucial: the victim must be a living child who has already been born. The killing of a fetus in the womb is a different crime known as abortion, which is also a punishable offense under the RPC. The determination of whether a child was born alive is a key factual issue in infanticide cases, often relying on medical and forensic evidence.

The Elements of the Crime

For a person to be convicted of infanticide, the prosecution must prove the following elements beyond a reasonable doubt:

1. A child was killed: This establishes the fact of death.
2. The deceased child was less than three (3) days old: This is the most defining and time-sensitive element of the crime. The victim must be less than 72 hours old at the time of the killing.
3. The accused killed the child: This proves the direct causal link between the accused’s actions and the child’s death.

The law does not require proof of specific intent to kill in the same way as murder. The act of killing a child of such a tender age is considered inherently wrongful.

Penalties for Infanticide

The penalty for infanticide is generally severe, but there is a crucial distinction based on the offender and their motive.

General Rule: The penalty provided for parricide (Article 246) and murder (Article 248) shall be imposed upon any person who kills a child less than three days of age. This means the penalty is reclusión perpetua to death.

• Reclusión perpetua is a term of imprisonment of up to 40 years.
• The death penalty is currently suspended in the Philippines, so the maximum penalty is reclusión perpetua.

Special Rule for a Mother “to Conceal Her Dishonor”: A special, much lighter penalty is provided for a mother who kills her child less than three days old for the purpose of concealing her dishonor. In this specific and very limited circumstance, the penalty is prisión correccional in its medium and maximum periods, which ranges from 2 years, 4 months, and 1 day to 6 years.

This provision is a reflection of the legal and social context in which the law was drafted. It recognizes the immense psychological and social pressure a mother, particularly an unwed mother, might face in a society where unwed pregnancies carried significant stigma. This reduced penalty is an acknowledgment of that extreme emotional state, provided that the sole motivation was to conceal her perceived dishonor.

The same reduced penalty applies if the crime is committed by the maternal grandparents or either of them for the same purpose.

Infanticide vs. Other Crimes of Killing

The specific nature of infanticide sets it apart from other crimes of killing:

• Infanticide vs. Parricide: Parricide is the killing of a parent, child, or spouse. If a parent kills their child who is three days old or older, the crime is parricide, not infanticide. The distinction hinges entirely on the victim’s age.
• Infanticide vs. Murder: Murder involves a killing with one or more qualifying circumstances (e.g., treachery, premeditation). If a person kills a child three days old or older with such circumstances, the crime is murder. If the child is less than three days old, the crime is infanticide, regardless of any qualifying circumstances, unless it is the mother killing to conceal her dishonor.
• Infanticide vs. Homicide: If a person kills a child three days old or older without any qualifying circumstances, the crime is homicide.

The Legal Implications of “Born Alive”

A critical element in infanticide cases is proving that the child was born alive. The Supreme Court of the Philippines has established that a child is considered “born alive” if they have an independent existence from the mother. This is a factual determination, often requiring medical testimony, such as evidence that the child had a heartbeat, breathed, or showed other signs of life after being fully expelled from the mother’s womb. If the child was not born alive, the crime is not infanticide but may be abortion, depending on the circumstances.

Conclusion

Infanticide is a specialized and tragic crime that occupies a unique space in Philippine criminal law. Its legal framework, centered on the age of the victim and the specific circumstances of the offender, is a nuanced approach to an inherently sensitive issue. While the general penalty for infanticide is severe, the special provision for a mother acting to conceal her dishonor reflects a historical and social context that the law has sought to address, demonstrating a legal system that, while firm in its punishment of crime, can also acknowledge the complex human factors behind such desperate acts.