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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