PHYSICAL INJURIES - It is not removal of an essential organ but rather

the excision of the vas deferens, which is not

ART. 262 MUTILATION classified as an organ.
MUTILATION - It is sterilization rather mutilation because it
Reclusion temporal to Intentionally mutilate some does not permanently damage or remove the
reclusion perpetua essential organ for reproduction organ.
reproduction
Any other intentional mutilation
Prision mayor Any other intentional
mutilation - Mayhem is other intentional mutilation.
Reclusion perpetua Any other intentional
mutilation when the victim is
under 12 Penalty when the victim of other intentional mutilation is
under 12 years of age.

Mutilation – means lopping or the clipping off of some part of the body. - The penalty of reclusion perpetua is to be
imposed.
2 kinds of Mutilation: - IF NOT CAUSED PURPOSELY and DELIBERATELY,
1. By intentionally mutilating another by depriving him, either the case will fall under Article 263 Par. 1 and Par.
totally or partially, of some essential organ for reproduction. 2.

ELEMENTS: Intent must be proved. If there is not intent, the crime is

only serious physical injury. (Midterm exam) in connection
o That there be a castration, that is, with Robbery with mutilation and physical injury
mutilation of organs necessary for
generation, such as penis or ovarium.
o That the mutilation is caused purposedly
and deliberately, that is to deprive the
offended party of some essential organ for
reproduction. (Indispensable)

2. By intentionally making other mutilation, that is, by lopping

or clipping off any part of the body of the offended party,
other than the essential organ for reproduction, to deprive
him of that part of his body.

Vasectomy is not mutilation

ART. 263 SERIOUS PHYSICAL INJURY 2. Shall have lost any
other part of his body, or
QUALIFIED SERIOUS shall have lost the use
PHYSICAL INJURY: If thereof; or
committed against the
SERIOUS PHYSICAL INJURY persons enumerated under 3. Shall become ill or
Art. 246, or with the incapacitated for the
attendance of any circ. performance of work in
Mentioned in Art. 248 which he is habitually
Prision mayor Consequences of PI Reclusion temporal in its engaged for the period of
(IIIB) inflicted: The injured medium and maximum more than 90 days.
person become Insane, periods Aresto mayor, Consequences of PI Prision correccional,
Imbecile, Impotent, or maximum inflicted shall have caused minimum and medium
Blind period to the illness or the periods
Prision Consequences of PI Prision correccional, Prision incapacity for labor for
correccional, inflicted: maxium period to Prision correctional, more than 30 days.
medium and The injured person shall mayor, minimum period minimum
maxium periods have

1. Lost the use of speech How is crime of SPI committed?

or the power to hear or
 By wounding;
to smell, or shall have lost
an eye, a hand, a foot, an  By beating; or
arm, or a leg; or  By assaulting; or
 By administering injurious substance.
2. Lost the use of any
May be committed by reckless imprudence, or by simple imprudence or
such member;
negligence.
3. Shall become  Guilty of lesiones by reckless imprudence or negligence under
incapacitated for the Article 265 in relation to Article 263, when due to lack of precaution
work in which he was be wounded another.
theretofore habitually
engaged. Classes of SPI subdivided with specifications:
Prision Consequences of PI Prision correccional,
correccional, inflicted: medium and maximum  The consequences of the injuries inflicted.
minimum and The injured person shall periods  The nature and character of the wound inflicted, and
medium become  The proper penalty
periods
THERE MUST NOT BE INTENT TO KILL – if there is intent, it is frustrated or
1. Deformed; or
attempted M, P, H.
PARAGRAPH 1: DEFORMED

Impotence – inability to copulate.  It required that it be –

 Properly used for the male, but it also has been used (a) physical ugliness
synonymously with “sterility”.
(b) permanent and definite abnormality, and
Reclusion Pepetua is to be imposed when the victim of SPI under
(c) conspicuous and visible
paragraph 1 is under 12 years of age.
 Sacr if covered by a dress or clothes, not conspicuous
Blindness of the of an eye
and visible.
 Par. 1 – complete blindness of must be of two eyes. Mere  Scar on the upper part of the neck, near the jaw,
weakness of vision is not contemplated. constitutes deformity.
 Par. 2 – loss of an eye only.  Loss of teeth
o Three incisors – visible deformity
o One incisor – not deformity
PARAGRAPH 2:  If visible and has impaired his
appearance, it is deformity.
Loss of power to hear
o Front tooth – not principal
 Both ears; if only one eat, it is SPI under par. 3  Deformity by loss of teeth refers to injury which cannot
be repaired by the action of nature. – artificial teeth
Loss of use of hand or incapacity for usual work must be does not repair the injury.
permanent.  Loss of both outer ears constitutes deformity and also
All those mentioned in paragraph 2 are principal members of the loss of the power to hear.
body. o If there is a loss of power to hear of both ears as
a result of the loss of both outer ears, crime
punished under par. 2
PARAGPRAH 3: o Loss of the lobule of the ear is deformity
(permanently disfigured).
It covers any member which is not principal member of the body  Loss of index and middle finger is either deformity or
(an eye, an arm, leg, a foot) loss of a member (not principal) of his body or use of
 Fingers of the hand are not principal members. same
o But if alleged in the information and proved that  Loss of power to hear of right ear only is loss od use of
the loss of the use of the three fingers also other part of the body (he may still hear through his left
resulted in the loss of the use of the hand itself, ear)
it is SPI under Par. 2.
 INCAPACITY FOR THE PERFORMANCE OF WORK QUALIFIED SERIOUS PI

 The offended party must have an avocation or work at the If the offense committed against any of the persons enumerated in
time of the injury. parricide and with the attendance of any of the circumstances mentioned in
 Work includes studies or preparation for a profession. murder, the law provides higher penalties.

PARAGRAPH 4: ART. 264 ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGES

Refers to any kind of labor and does not refer to labor in which the  Penalties established by the next preceding chapter shall be
offended party is engaged at the time the SPI are inflicted. applicable here.

Injury requiring hospitalization for more than 30 days is SPI. ELEMENTS:

 Includes both illness and incapacity for labor. o That the offender inflicted upon another any serious PI
 If not entirely cured for more than 30 days, it falls under this o That it was done by knowingly administering to him any
paragraph. injurious substance or beverages or by taking advantage of
 If the injury requires a medical attendance for more than 30 his weakness of mind or credulity.
days, the illness of the offended party may be considered as o The he had no intent to kill.
lasting for more than 30 days.
 Medical attendance is not required in this par. Same with
other paragraphs.  It is frustrated when there is intent to kill – the injurious substance
 Depends on Evidence beyond reasonable doubt of length of to be considered as poison.
period of illness or incapacity for labor; otherwise, the  If the accused did not know of the injurious substance he
offense is only slight physical injury. administered, he is not liable.
Lessening of efficiency due to injury is not incapacity.  Throwing mordant chemicals or poisons on the face or upon the
body is not contemplated in this article.
 Not applied when the PI are less serious or slight.
 “By taking advantage of his weakness of mind and credulity” may
ORDINARY PI vs MUTILCATION
take place in the case of witchcraft, philters (love potion),
Mutilation – must have been caused purposely and deliberately to magnetism.
lop or clip off some part of the body as to deprive the offended party of such
body part.

PI – no special intention is present.

ART. 265 LESS SERIOUS PHYSICAL INJURIES

 LESS SERIOUS PHYSICAL INJURIES SLIGHT PHYSICAL INJURIES AND MALTREATMENT
Arresto Mayor Any person who shall inflict PI not Arresto Menor PI who shall incapacitate the
described in the preceding articles offended party from one (1) to nine
but which shall incapacitate the (9) days, or shall require medical
offended party for labor for ten (10) attendance of same period.
days or more (but not more than 30 Arresto menor or fine not PI do not prevent the offended
days), OR shall require medical exceeding P40,000 and censure party from engaging in his habitual
attendance for the same period. work nor require medical
QUALIFIED LESS SERIOUS PHYSICAL INJURIES attendance.
Arresto Mayor + fine of not LSPI with manifest intent to insult Arresto menor in its minimum Maltreatment without causing any
exceeding P50,000 or offend the injured person, or period or a fine not exceeding injury
under circumstances adding P5,000
ignominy to the offense
Prision correccional, medium and LSPI inflicted upon the offender’s
maximum periods parents, ascendants, guardians, Incapacity for work for 9 days and some hours without amounting to 10 days
curators, teachers, or person of is slight physical injury.
ranks, or person in authority (deed
Par. 2 example: Contusion on the face or black eye by fistic blow.
does not constitute the crime of
assault upon such persons) When there is no evidence of actual injury (period of the offended party’s
incapacity for labor or of the required medical attendance, conspiracy to
murder), it is only slight physical injury.
Two subdivisions: (1) Inability for work; (2) The necessity for medical
attendance. Maltreatment/Ill-treatment
The crime is less serious physical injuries even if there was no incapacity, but  Any physical violence which does not produce injury, slapping of the
the medical treatment was for 13 days. face, without causing dishonor.
 No double jeopardy
It is only Slight Physical injury when there is no medical attendance or
o When an Information is subject for amendment for a
incapacity for labor.
supervening event changes the crime from slight physical
“or shall require medical attendance for the same period” – refers to actual injury is converted into serious physical injury
medical attendance. There must be proof as to the period of the required
medical attendance.

ART. 251 DEATH CAUSED IN A TUMULTUOUS AFFRAY

ART. 266 SLIGHT PHYSICAL INJURIES AND MALTREATMENT
 DEATH CAUSED IN A TUMULTUOUS AFFRAY o No death in tumultuous affray if the accused and their
Prision mayor While several persons, not composing companions were united in their common purpose to
groups organized for the common attack, as shown in circumstances that they rallied together
purpose of assaulting and attacking each under the two signal and withdrew from the field under one
other reciprocally, quarrel and assault signal.
each other in a confused and tumultuous
manner, and the course of the affray
 The persons killed need not be one of the participants in the affray.
someone is killed, and it cannot be
ascertained who actually killed the
 SPI, if inflicted by one of the participants, should not be the cause of
deceased, but the person or persons who
inflicted SPI can be identified. death of the deceased. If one who inflicted the fatal wound is
Prision correccional in its If it cannot be determined who inflicted known, it is a case of homicide.
medium and maximum the SPI on the deceased, shall be imposed
periods upon all those who shall have used  WHO are liable?
violence upon the person of the victim. o The person or person who inflicted the SPI
o If it is not known who inflicted the SPI on the deceased, all
the persons who used violence upon the person of the
Tumultuous affray – chaotic quarrel between two groups of people that
victim.
results in injury or death.
If the person is known, those who used violence only,
ELEMENTS:
without inflicting SPI, may be held liable for the act or acts
o That there be several persons actually performed by them.
o That they did not compose groups organized for the common
purpose of assaulting or attacking each other reciprocally.
o That the several persons quarreled and assaulted one another in a
confused and tumultuous manner.
o That someone is killed int the course of affray.
o That it cannot be determined who actually killed the deceased.
o That the person or persons who inflicted serious physical injuries or
who used violence can be identified.

 Tumultuous affray exists when at least four persons took part.

o Several means more than two but not very many.
o Tumultuous means that the disturbance is caused by more
than three persons who are armed or are provided with
means of violence.
 When there are two identified grouped of men who assaulted each ART. 252 PHYSICAL INJURIES INFLICTED IN TUMUTLTUOUS AFFRAY
other, then there is no tumultuous affray.
 PHYSICAL INJURIES INFLICTED IN TUMUTLTUOUS AFFRAY GIVING ASSISTANCE TO SUICIDE
One degree lower If serious physical injuries are Prision mayor Assist another to commit suicide
inflicted during a tumultuous affray Reclusion temporal Lends assistance to another to the
and the responsible individual extent of doing the killing himself
cannot be identified, all those who Arresto mayor, medium and If the suicide is not Consummated
appear to have used violence maximum periods
against the offended party shall be
punished with the penalty one
degree lower than the penalty that  Acts punishable as giving assistance to suicide
would apply for the physical o By assisting to commit suicide, whether the suicide is
injuries committed. consummated or not.
Arresto mayor from five to fifteen PI is less serious and if the person  Furnishing the person to commit suicide the means
days cannot be identified, all those who with which to kill himself.
appear to have used violence  Not consummated  arresto mayor in its medium
cannot be identified. and maximum periods
o By lending his assistance to another to commit suicide to
ELEMENTS: the extent of doing the killing himself.
 If not consummated, arresto mayor in it medium
o That there is a tumultuous affray as referred in the preceding article. and maximum period shall not be imposed. But
o That a participant or some participants thereof suffer SPI or PI of a rather the penalty of one or two degrees lower than
less serious nature only. that provided for consummated suicide, depending
o That the person responsible cannot be identified. upon whether it is frustrated or it is attempted
o That all those who appear to have used violence upon the person of suicide.
the offended party are known.  Penalty is the same if the offender is the father, mother, child, or
spouse of the one committing suicide. It does not distinguish.
 PI inflicted in a tumultuous affray must be one or some of the  A person who attempts to commit suicide is not criminally liable 
participants in the affray. they are considered as an unfortunate being, a wretched person
 If the one who cause the PI is known, he will be liable for PI actually more deserving a pity rather than a penalty.
committed.  A pregnant woman who tried to commit suicide by means of poison,
 Is slight PI included? but instead of dying, the fetus in her womb was expelled, is she
o The legislature intended exclude slight PI. The article does liable for abortion?
not include penalty for such. It does not specifically address o In order to incur criminal liability for the result not intended,
cases of SLPI. one must be committing a felony. (Article 4)
o An attempt to suicide is an act not punishable by law.
o Therefore, a woman who tries to commit suicide is not
committing a felony. She is, therefore, not liable for
abortion.
ART. 253 GIVING ASSISTANCE TO SUICIDE
 o Article 253 considers a felony or unlawful assisting another DISCHARGE OF FIREARMS
to commit suicide. Prision correccional, medium and Shoot at another with any firearm
o The abortion that resulted is unintentional is only maxium periods Unless the facts of the case are
punishable only when it is caused by violence, not by such that the act can be held to
poison. (Art. 257) constitute frustrated or attempted
 Assistance to suicide is different from mercy-killing. P, M, or H or any other crime for
which a higher penalty is
o Euthanasia/mercy-killing – practice of painlessly putting to
prescribed by any article of this
death a person suffering from some incurable disease.
code.
o In euthanasia, the person killed does not want to die.
o A doctor who resorts to mercy-killing of his patients may be
liable for murder. Elements:

o That the offender discharges a firearm against or at another person.

o That the offender has no intention to kill that person.

 “Shoot at another”
o With any firearm, without intent to kill.
o If not discharged at a person, no crime of discharge of
firearm.
o Discharged towards the house of victim is not illegal
discharge of firearm.
 Firing a gun against the house of the offended party at random, not
knowing in what part of the house the people inside were, is only
alarm under Article 155.
 Purpose of this article is only to intimidate or to frighten the
offended party, and no intention to kill.
 Intent to kill is negatived by distance of 200 yards between offender
and victim. – the distance is so great that it is difficult to impute an
intention on the part of the offender to kill the offended party.
 Successive shots at the offended party and had already killed a
cousin  attempted homicide.
 Complex crime of illegal discharge of firearm with serious or less
serious PI. (No complex crime when only slight physical injury since
it only constitutes a light felony).
ART. 254 DISCHARGE OF FIREARMS
 The crime is discharged of firearm, even if the gun was not pointed ART. 260 RESPONSIBILITY OF PARTIPANTS IN A DUEL
at the offended party when it fired, as long as it was initially aimed
RESPONSIBILITY OF PARTIPANTS IN A DUEL
by the accused at or against the offended party.
Reclusion temporal If any person who shall kill his
o Public officer who fired a revolver in the air in order to
adversary in a duel
capture some gamblers and to prevent them from escaping
Penalty provided for PI Only PI inflicted
 no crime Arresto mayor No PI
Accomplices Seconds

Duel – a formal or regular combat previously concerted between two parties

in the presence of two or more seconds of lawful age on each side, who
make the selection of arms and fix all the other conditions of the fight.

 Acts punished:
o By killing one’s adversary in a duel
o By inflicting upon such adversary PI
o By making a combat although no PI have been inflicted.
 Who are liable?
o Person who killed or inflicted PI upon his adversary, or both
combatants in any other case, as principals.
o Second, as accomplices
 Intent to kill is disregarded when only PI are inflicted upon
adversary.
 Penalty imposed in Slight PI is Arresto menor.

ART 261. CHALLENGING TO A DUEL

CHALLENGING TO A DUEL
Prision correccional, minimum Challenge another to a duel, incite
period another to give or accept a
challenge to a duel, scoff at or
decry another publicly for having
refused to accept a challenge to
fight a duel.

 Acts punished:
o By challenging another to a duel
o By inciting another to give or accept the challenge to a duel
 o By scoffing at or decrying another publicly for having
refused to accept a challenge to a fight a duel.
 The person making the challenge must have in mind a formal
combat to be concerted between him and the one challenged in the
presence of two or more seconds.
 Offender incite to accept, offended refused  Light threats under
Art. 285
 Person responsible:
o Challenger
o Instigator