Sunday, March 1, 2020

People vs. Sangalang 74 OG 5977 Case Digest [Simulation of Birth]


51
People vs. Sangalang
74 OG 5977

FACTS:
The Sangalang spouses together with Gloria and Bienvenido were charged of the crime of simulation of birth. The information alleged that a child was furnished by Gloria to the Sangalangs. Accused Bienvenido registered the birth of said child in the local civil registrar by supplying to said office the necessary information required so that a birth certificate would be issued. He named the Sangalangs as the child’s parents. A birth certificate was hence issued.  Information did not contain any specific allegation as to what the spouses did, except that they had conspired with Gloria and Bienvenido.

ISSUE:
            Whether or not the accused (Sangalan Spouses) are guilty of Simulation of Birth

HELD:
            No.

Ratio:
By merely presenting a child as having born to the accused from feigned pregnancy or pretended delivery, the crime is not committed if the legal formalities of investing a child with a civil status other than her own are not present.

Submitted by: G-one T. Paisones
Submitted to: Atty. Cisco Franz S. Maclang


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