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People v. Bandian

Bandian was convicted of infanticide by the trial court after she gave birth alone outside and returned home unaware, leaving her newborn baby who was later killed by animal bites. The Supreme Court reversed the conviction, finding that Bandian's actions were not willful, conscious, or imprudent given her illness, debility from her first pregnancy, and lack of education. As she was overwhelmed by dizziness and did not realize she had given birth, she was exempt from criminal liability for the baby's death.

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121 views3 pages

People v. Bandian

Bandian was convicted of infanticide by the trial court after she gave birth alone outside and returned home unaware, leaving her newborn baby who was later killed by animal bites. The Supreme Court reversed the conviction, finding that Bandian's actions were not willful, conscious, or imprudent given her illness, debility from her first pregnancy, and lack of education. As she was overwhelmed by dizziness and did not realize she had given birth, she was exempt from criminal liability for the baby's death.

Uploaded by

ABbo Hernandez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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091. People v.

Bandian

G.R. No. 45186/30 Sept 1936/En Banc/Appeal to the SC


People of the Philippines – plaintiff
Josefina Bandian – defendant
Decision by J. Diaz, Digest by Angelo Zantua

Short Version: 23-year old, in her first pregnancy, went outside


to defecate. Suffering from dizziness, she returned home unaware
that she had given birth, leaving her baby behind which was later
killed by animal bites.

Facts:
Bandian convicted of infanticide by the trial court.

January 31, 1936 – Bandian’s neighbor Valentin saw her go to the


thicket (a dense group of bushes or trees) outside the house at
around 7am. Valentin thought Bandian was answering nature’s call
as this place was used for this purpose. A few minutes later, he
saw her emerge from the thicket with bloodstained clothes,
staggering and unable to support herself. Valentin came to her
aid and helped her reach her bed.

Valentin called neighbor Adriano Comcom to help them and also to


take bamboo leaves to stop the bleeding. Adriano then saw body of
a newborn near where Bandian went before. Adriano brought it to
the house. After Bandian was asked, she said that the baby was
hers.

In the afternoon, Dr. Nepomuceno visited Bandian who was still


lying in bed. Her bed and the floor were full of blood. The
doctor declared that Bandian gave birth in her bed and later
threw away the baby to kill it. This is to avoid dishonor as the
baby was not of her husband. The doctor testified that Bandian
admitted to killing her child when he visited her.

Issue: WON Bandian should be liable for infanticide or


abandonment of minor. No
Ruling: RTC Decision reversed. Bandian acquitted.

Ratio:
SolGen – Not infanticide but abandonment of minor A276 (2) RPC
SC – Infanticide and abandonment of a minor, to be punishable,
must be committed wilfully or consciously, or at least it must be
result of a voluntary, conscious and free act or omission. Even
if committed through mere imprudence, in order to be liable, the
person must be in the full enjoyment of his mental faculties, or
must be conscious of his acts.

The doctor said that the baby’s wounds were caused by animal
bites, of the pigs usually roaming around the area. It was not
shown that Bandian caused her child's death in one way or
another, or in abandoning it in the thicket, did so wilfully,
consciously or imprudently. She had no cause in doing so as the
affair happened 3 years before the incident. Bandian also denied
admitting to killing the baby.

Her illness since the start of pregnancy, debility, the


hemorrhage, lack of education, and being a primipara (a woman who
is giving birth for the first time) are all causes which may be
considered lawful or insuperable which is an exempting
circumstance (A12 (7) RPC). These insuperable or lawful causes,
which are independent of her will, would exempt Bandian from
taking her child from the thicket where she had given birth, so
as not to leave it abandoned and expose it to harm. Bandian’s act
of going into the thicket to answer nature’s call was lawful. If
she caused a wrong like giving birth and later abandoning the
baby, it is only due to being overcome by strong dizziness and
extreme debility; she is not liable. (A12 (4) RPC)

Voting: Avanceña, C. J., and Abad Santos, J., concur.

Separate Opinion: Villa-real:


Concurred in the acquittal not on the ground that Bandian is
exempt from criminal liability but because she has committed no
criminal act or omission. Unconscious or sudden deliveries are
well known in legal medicine among young primiparæ who, by reason
of their ignorance, are not aware that they are giving birth when
they are responding to an urgent call of nature. Bandian was not
aware that upon defecating she was also expelling the baby. She
returned home unaware that she left a newborn baby. It cannot be
said that she committed infanticide or abandonment of a minor
either by deceit or negligence.

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