Art. 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 prisión 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. (Revised Penal Code)


Acts Punished:

1. Simulation of Birth
2. Substitution of one child for another
3. Concealing or abandoning a legitimate child to cause the lose of civil status


Simulation of Birth

● Takes place when the woman pretends to be pregnant when in fact she is not, and on the day of the supposed delivery, takes the child of another as her own. 

● Simulation of birth must be made in the record of birth. If in any other document, the crime is falsification. If the birth certificate reflects the true parents but simulation is in other documents, Art. 347 is not violated. (Boado)

● Where the woman pretends to be pregnant and give birth in order to demand support from the alleged father, the crime is estafa.

● The woman who simulates birth and the one who furnishes the child are both responsible as principals. 

● The fact that the child will be benefited by the simulation of its birth is not a defense. The law punishes the offense for it creates a false status to the detriment of the members of the family into which the child is deceitfully introduced.


Substitution of one child for another 

● This is committed when a child of a couple is exchanged with a child of another couple without the knowledge of the respective parents.

● The substitution can also happen by placing a live child of a woman in place of another’s dead child.


Concealing or abandoning any legitimate child to cause the lose of civil status

Requisites:

(1) The child must be legitimate
(2) The offender conceals or abandons such child; and
(3) The offender has the intent to cause such child to lose its civil status.

● The word child must be understood a fully developed and living being, as the child born not capable of living has no status, nor can he transmit any rights whatever. (US vs. Capillo, G.R. No. 9279. March 25, 1915)

● The unlawful sale of a child by his father is not a crime under this article. (US vs. Capillo)


Concealing a legitimate child vs. abandoning a minor

Concealing a legitimate child
1. Offender is any person
2. The child must be legitimate 
3. The offender conceals or abandons such child
4. The purpose of the offender is to cause the child to lose its civil status

Abandoning a minor
1. Offender has the custody of the minor
2. The child could be legitimate or illegitimate
3. The child is under 7 years of age
4. The offender abandons such child
5. The purpose of the offender is to avoid the obligation of rearing and caring for the child 


● Problems:

(1) M who has given birth to a child, abandons the child in a certain place to free herself of the obligation and duty of rearing and caring for the child. Crime: Abandoning a minor under Art. 276

(2) M abandon her child to preserve the inheritance of her child by a former marriage. - Crime: Concealing or abandoning any legitimate child to cause the lose of civil status

(3) M left her child, one day after its birth, in the forest. H found the child and took it home. - Crime: Attempted infanticide as the act of A was an attempt against the child's life.


Liability of physician or surgeon or public officer

● A physician or surgeon or public officer, who cooperates in the execution of these crimes, is also liable if he acts in violation of the duties of his profession or office.


Bar Question  

A childless couple, A and B, wanted to have a child they could call their own. C, an unwed mother, sold her newborn baby to them. Thereafter, A and B cause their names to be stated in the birth certificate of the child as his parents. This was done in connivance with the doctor who assisted in the delivery of C. What are the criminal liabilities, if any, of the couple A and B, C and the doctor? (2002)

1. As to the couple A and B – liable for simulation of birth
2. As to the Doctor – liable for simulation of birth
3. As to C – is liable for child trafficking, a violation of Articles IV, Sec. 7 of RA No. 7610