TITLE EIGHT- CRIMES AGAINST PERSONS A: Marriages among Muslims or among members of the ethnic communi es

may be performed validly without the necessity of a marriage license provided Q: Must the parents men on under this ar cle need to be legi mate?
Ar cle 246. Parricide. - Any person who shall kill his father, mother, or child, they are solemnized in accordance with their customs, rites and prac ces. (Art A: No, it requires only that: 1) the daughter must be under 18 years old; and 2)
whether legi mate or illegi mate, or any of his ascendants, or descendants, or 33, FC) that she is living with her parents.
his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death. Rela onship must be alleged “Surprise” means “to come upon suddenly and unexpectedly.”
Wife of the vic m cannot be convicted of parricide if charged only of murder.
Elements: However, rela onship must be considered as aggrava ng circumstance even if Q: the accused, peeing through a hole near kitchen door, saw his wife and her
1. That a person is killed not alleged in the informa on. paramour kissing each other; a er a few moments, he saw the paramour
2. That the deceased is killed by the accused removed all of their clothes and they commenced the act of sexual intercourse.
3. That the deceased is the father, mother, or child, whether legi mate or Q: the husband, who while struggling for the possession of the gun with his It was only when he a acked them. Is it s ll under this ar cle?
illegi mate, or a legi mate other ascendant or other descendent, or the children, without intent to kill anyone, pulled the trigger of the gun which A: Yes. (People vs. Gabriel)
legi mate spouse, of the accused. exploded and hit his wife who was approaching them, killed her.
A: Parricide through reckless imprudence. The killing of his spouse by the accused must be by reason of having surprised
Essen al element: her in the act of sexual intercourse with another person.
Rela onship of the o ender with the vic m is an essen al element of this Q: of the person wanted to kill a stranger but by mistake killed his own father,
crime. will it be parricide? Q: A and B are husband and wife. One night, B came home from the came
A: Yes, Art 49 applied as regards the proper penalty to be imposed. planta on, found his wife lying on the bed with another man. The man tried to
NOTE: escape through the window, but A received a severe scolding from B and was
• Father, mother, or child may be legi mate or illegi mate Q: if a person was killed by another, not knowing that the la er was his son, will ordered to leave the house. Calling her husband names, A gathered her clothes
• The ascendants and descendants referred to in this ar cle exclude parents he be guilty of parricide? and picked up a bolo in the kitchen, and when B followed her there, A a acked
and children. A: Yes, the law goes not require knowledge of rela onship between them. him with the bolo, wounding him twice in the abdomen. Wrestling the bolo
• Siblings (i.e., brothers and sisters) cannot be vic ms. from A, B stabbed her with it in the breast. She died from her wound the same
• If the child is killed by his parents is less than three days old, the crime is Q: what is the liability of a stranger who took part in the commission of the night. But B though seriously wounded, survived.
infan cide (Art 255) crime of parricide? A: Art. 247 was commi ed by B, because although he found his wife with
A: Homicide or murder as the case may be. another man, he did not kill her on the account. For her reprehensible conduct
• He who kills an illegi mate grandfather or an illegi mate he merely upbraided her and bade her to leave the house.
The term illegi mate embraces all children born out of wedlock. Thus, (a) Ar cle 247. Death or physical injuries in icted under excep onal circumstances.
adulterine, (b) incestuous, and sacrilegious children are included under this - Any legally married person who having surprised his spouse in the act of Q: the husband found his wife and a man conversing in the bedroom seated
term. commi ng sexual intercourse with another person, shall kill any of them or beside each other and tried to stab the man but stabbed his wife instead,
both of them in the act or immediately therea er, or shall in ict upon them any resul ng her death.
The father, mother, child may be legi mate or illegi mate. serious physical injury, shall su er the penalty of des erro. A: guilty of art. 246

In parricide between spouses, how will the rela onship be proved? If he shall in ict upon them physical injuries of any other kind, he shall be The killing or in ic ng of serious physical injuries must be: 1) in the act of
In a case of parricide of spouse, the best proof of the rela onship between the exempt from punishment. sexual intercourse; or 2) immediately therea er
accused and the deceased is the marriage cer cate. When a person surprised his spouse or young daughter while having sexual
These rules shall be applicable, under the same circumstances, to parents with intercourse with another person, it is necessary, for the applica on of Art 247,
If, however, the oral evidence presented to prove the fact of marriage is not respect to their daughters under eighteen years of age, and their seducer, while that he killed or in icted serious physical injuries on any or both of them, either
objected to, the said evidence may be considered by the court. (People vs. Cruz, the daughters are living with their parents. (1) while they were in the act of sexual intercourse or, if nor, because they were
109 Phil. 288) The tes mony of the accused that he was married to the able to run away, (2) immediately a er surprising them in the act of sexual
deceased was an admission against his penal interest. It was a con rma on of Any person who shall promote or facilitate the pros tu on of his wife or intercourse.
the semper praesumitur matrimonio and the presump on "that a man and daughter, or shall otherwise have consented to the in delity of the other
woman depor ng themselves as husband and wife have entered into a lawful spouse shall not be en tled to the bene ts of this ar cle. The killing must be the by-product of the accused rage
contract of marriage." (Sec. 5[bb], Rule 131; People vs. Majuri, 96 SCRA 472) Though quite a length of me, about an hour had passed between the me the
Elements: accused-appellant discovered his wife having sexual intercourse with the vic m
Annulment of Marriage not a prejudicial ques on in a criminal case for 1. That a legally married person or a parent surprises his spouse or his and the me the la er was actually shot, the shoo ng must be understood to
parricide. daughter, the la er under 18 years of age and living with him, in the act of be the con nua on of the pursuit of the vic m by the accused-appellant. The
Q: the husband killed his wife but held a defense of viod ab ini o marriage due commi ng sexual intercourse with another person. RPC, in requiring that the accused “shall kill any of them or both of them…
to psychological incapacity. (Pimentel vs. Pimentel, G.R. No. 172060, Sept 13, 2. That he or she kills any or both, of them or in icts upon any or both of immediately” a er surprising his spouse in the act of intercourse, does not say
2010) them any serious physical injury in the act or immediately therea er that he should commit the killing instantly therea er. It only requires that the
A: Liable under Art 246, the court held that although the marriage is ab ini o, it 3. That he has not promoted or facilitated the pros tu on of his wife or death caused be the proximate result of the outrage overwhelming the accused
may s ll produce legal consequences. daughter, or that he or she had not consented to the in delity of the other a er chancing upon the spouse in the basest act of in delity. But he killing, and
“A declara on of the nullity of second marriage on the ground of psychological spouse. must not have been in uenced by external factors. The killing must be the
incapacity is of absolutely no moment insofar as the state penal laws are direct by-product of the accused’s rage. (People vs. Abarca, 153 SCRA 735)
concerned.” (Pimentel vs. Pimentel, G.R. No. 172060, Sept 13, 2010) Q: the accused found his common law (live-in) wife having sexual intercourse
with another man. Q: husband caught a man having sexual intercourse with his wife against her
Marriages among Muslims A: Not en tled to Art 247, the law requires that he must be legally married to will, as she was shou ng for help, an a ack upon that man by the husband. Is it
the deceased. s ll under Art 247?
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 A: No, the act is now under Art. 11(2) Murder is the unlawful killing of any person which is not parricide or infan cide, Only one of them shall qualify the killing to murder and the other shall be
provided that any of the circumstances are present: considered as generic aggrava ng circumstances.
NOTE: 1. With treachery, taking advantage of superior strength, with the aid of
If the physical injuries in icted are les serious or slight — no criminal liability — armed men, or employing means to weaken the defense or of means or b. That when the other circumstances are absorbed or included in one
since it is an absolutory cause. persons to insure or a ord impunity. qualifying circumstances, they cannot be considered as generic aggrava ng.
While the second paragraph of Art. 247 states that “if he shall in ict upon them 2. In considera on of a price, reward, or promise.
physical injuries of any other kind, he shall be exempt from punishment.” 3. By means of inunda on, re, poison, explosion, shipwreck, stranding of a Thus, when there were ten or more armed raptors of the female vic m, and
vessel, derailment or assault upon a street car or locomo ve, fall of an one or some of them shot her at the back, the qualifying circumstance of
Liability for the physical injuries su ered by third persons airship, by means of motor vehicles, or with the use of any other means murder is either treachery, abuse of superior strength, or with the aid of armed
Where physical injuries were su ered by third persons as a result of being involving great waste and ruin. men; but if treachery is chosen to qualify the crime, the others are not generic
caught in the cross re as the accused shot the vic m, the Supreme Court held 4. On occasion of any of the calami es enumerated in the preceding aggrava ng circumstances, because they are included in the qualifying
that although as a rule, one commi ng an o ense is liable for all the paragraph, or of an earthquake, erup on of a volcano, destruc ve cyclone, circumstance of treachery.
consequences of his act, the rule presupposes that the act done amounts to a epidemic or other public calamity.
felony. (Art. 4, No. 1) 5. With evident premedita on. c. That any of the qualifying circumstances enumerated in Art 247 must be
6. With cruelty, by deliberately and inhumanly augmen ng the su ering of alleged in the informa on.
CASE: the accuse was not commi ng murder when he discharged his ri e upon the vic m, or outraging or sco ng at his person or corpse.
the accused. In ic ng death under excep onal circumstances is not murder. Thus, even if during trial the prosecu on proves that the accused killed the
Therefore, the accused by third persons as a result thereof. However, he is not Elements: deceased with teacher, but treachery is not alleged in the informa on,
totally free from any responsibility. Gran ng the fact that he was not 1. That a person was killed treachery cannot qualify the killing to murder, the crime charged being only
performing an illegal act when he red shots at the vic m, he cannot be said to 2. That the accused killed him homicide. It is only a generic aggrava ng circumstances.
be en rely without fault. While it appears that before ring at the deceases, he 3. That the killing was a ended by any of the qualifying circumstances
u ered warning words, that is not enough precau on to absolve him for the men oned in Ar cle 248 The qualifying circumstance of murder, except “outraging or schooling at his
injuries sustained by third person. The is negligence on his part. Accordingly, he 4. The killing is not parricide or infan cide person or corpse,” are among those de ned in Ar cle 14.
is liable for less serious physical injuries through simple imprudence or
negligence. “Not falling within the provisions of Ar cle 246.” Except the last qualifying circumstance, that of “outraging or sco ng at his
Although Ar cle 248 makes reference only to Ar cle 246, which de nes and person or copse,” those men oned in the six paragraphs of Ar cle 248 are fully
Ar cle 247 is not applicable to person who consented to the in delity of penalizes parricide, it is s ll understood that person killed should not be less discussed under ar cle 14 which de nes all aggrava ng circumstances in
spouse, or who facilitated the pros tu on of his wife. than three years old; for otherwise, the crime would be infan cide de ned and general.
Thus, a husband who a er he had learned from the very lips of his wife that she penalized by Ar cle 255.
was in love with another man, signed a document wherein he ordered his wife With treachery
to look for and live with another man, cannot claim the bene ts of Art 247. “Shall kill another” Treachery, whenever present and alleged in the informa on, quali es the killing
In murder, the vic m must be killed to consummate the crime. I the vic m is of the vic m and raises it to the category of murder.
In what cases is a person who commi ed parricide not to be punished with not killed, it is either a empted or frustrated murder.
reclusion perpetual to death? There is teacher when the o ender commits any of the crime against person,
1. When parricide is commi ed through negligence (Art. 365) INTENT TO KILL employing means methods or forms in the execu on thereof which tend
2. When it is commi ed by mistake. (Art 249) To prove the felony of home or murder, the must be inconver ble evidence, directly and specially to insure its execu on, without risk to himself arising from
3. When it is commi ed under excep onal circumstances. (Art 247) direct or circumstan al, that the vic m was deliberately killed (with malice) the defense which the o ended party might make.
based on:
Ar cle 248. Murder. - Any person who, not falling within the provisions of 1. Weapons used by the malefactors CASE: an unexpected and sudden a ack which rendered the vic m unable and
Ar cle 246 shall kill another, shall be guilty of murder and shall be punished by 2. The nature unprepared to put up a defense is the essence of treachery.
reclusion temporal in its maximum period to death, if commi ed with any of 3. The loca on
the following a endant circumstances: 4. The number of wounds sustained by the vic m; and Example: The a ack against Basilio, which came from behind, was sudden,
1. With treachery, taking advantage of superior strength, with the aid of 5. The words u ered by the malefactors before, at the me or immediately deliberate and unexpected. The vic m was completely unaware of any threat to
armed men, or employing means to weaken the defense or of means or a er the killing of the vic m. his life as he was merely walking home with his son. The use of rearm showed
persons to insure or a ord impunity. deliberate intent to kill Basilio and the loca on and number of gunshot wounds
2. In considera on of a price, reward, or promise. Rules for the applica on of the circumstances which qualify the killing to rendered him defenseless and incapable of retalia on. Hence, treachery was
3. By means of inunda on, re, poison, explosion, shipwreck, stranding of a murder: evident in this case, su cient to qualify the crime of Murder.
vessel, derailment or assault upon a street car or locomo ve, fall of an
airship, by means of motor vehicles, or with the use of any other means a. That the murder will exist with only one of the circumstances described in Killing of a child of tender years is a murder
involving great waste and ruin. Ar cle 248. The killing of a child is characterized by treachery even if the manner of the
4. On occasion of any of the calami es enumerated in the preceding When more than one of the said circumstances are present, the others must be assault is now known because the weakness of the vic m due to her tender age
paragraph, or of an earthquake, erup on of a volcano, destruc ve cyclone, considered as generic aggrava ng. This when in killing the vic m, the results in the absence of any danger to the accused.
epidemic or other public calamity. commission of the crime is a ended by:
5. With evident premedita on. 1. Evident premedita on; Taking advantage of superior strength.
6. With cruelty, by deliberately and inhumanly augmen ng the su ering of 2. Treachery; Abuse of superior strength is present whenever there is a notorious inequality
the vic m, or outraging or sco ng at his person or corpse. 3. Price, reward or promise of forces between the vic m and the aggress, assuming a situa on of
superiority or strength notoriously advantageous for the aggressor selected or
taken advantage of by him in the commission of the crime. The evidence must
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 be establish that the assailants purposely sought the advantage. To take By means of re, poison, explosion, etc. Ar cle 249. Homicide. - Any person who, not falling within the provisions of
advantage of superior stench means to purposely use excessive force our of If the objec ve of the o ender is to kill and arson is resorted to as the means to Ar cle 246, shall kill another without the a endance of any of the
propor on to the means of defense available to the person a ached. Age size, accomplish the crime, the o ender is charged with murder only. But if the circumstances enumerated in the next preceding ar cle, shall be deemed guilty
and strength of the par es. objec ve is to kill — and in fact the o ender has already done so — and arson of homicide and be punished by reclusion temporal.
is resorted to as a means to cover up the killing, the o ender may be convicted
EXAMPLE: of two separate crimes of either homicide or murder, and arson. “Homicide” is the unlawful killing of any person, which is neither parricide,
1. An a ack made by a man with a weapon upon a girl which resulted in her murder, nor infan cide.
death is murder, because the o ender had taken advantage of superior Treachery and premedita on are inherent in murder by poison.
strength. His sex and weapon gave him superior strength. Treachery and evident premedita on are inherent in murder by means of Elements:
poison and, as such, they cannot be considered as aggrava ng. 1. That a person is killed
1. The deceased, who had been wounded by one of the accused, was being 2. That the accused killed him without any jus fying circumstances
treated in his house by his wife when the three accused pulled him from The case of People vs. Galore, 16 C.A. Rep. 70 3. That the accused had the inten on to kill, which is presumed
the stairs to the ground oor and then they proceeded to stab and stoke To excite a woman sexually, so that he could easily consummate his dastardly 4. That the killing was not a ended by any of the qualifying circumstances of
Kim mercilessly with their knives in ic ng wounds on di erent pars of his lewd desire, the accused gave her chocolate with an overdose of cantharide. murder, or by that of parricide or infan cide
body. It was held that since the deceased was wounded, weak and Consequently, the woman died, it being a fact that cantharide contains poison.
unharmed, he was no match to the three accused who were all carrying There is no ques on that the inten on of the accused was merely to excite a Intent to kill is conclusively presumed when death is resulted
bladed weapons. The circumstance of superior strength quali ed the killing woman sexually, and not to kill her, Ar cle 4, Pag 1, of the Code was correctly When death resulted, even if there is no intent to kill, the crime is homicide,
and raised it to the category of murder. applied when the Court held that the crime commi ed was homicide. The not merely physical injuries, because with respect to crimes of personal
2. The accused chased, ganged up and eventually, killed Rolando, and accused had no inten on to kill the woman but having commi ed a felony, he violence, the penal law looks par cularly to the material results following the
deliberately used weapons (gun and bamboo s ck), which rendered was responsible for the consequences even if the wrongful act done was unlawful act and holds the aggressor responsible for all the consequences
Rolando defenseless from their fatal a acks. Thus, such killing was di erent from that which he intended. thereof.
a ended with qualifying circumstance of abuse of superior strength.
On the occasion of inunda on, shipwreck etc., of an earthquake, erup on of Evidence of intent to kill is important only in a empted or frustrated
With the aid of armed men. volcano, epidemic or any other public calamity. homicide
If the accused had companions who were armed when he commi ed the Killing a person on the occasion of inunda on, shipwreck, erup on of a volcano,
crime, this circumstance is considered present. The crime commi ed with the epidemic, etc., or any other public calamity, when taken advantage of by the In a empted or frustrated homicide, the o ender must have the intent to kill
aid of armed men when at least two of the accused wire armed with carbine o ender, quali es the crime to murder. the vic m. If there is no intent to kill on the part of the o ender, he is liable for
and bolo, when the ve accused perpetrated the crime. physical injuries ( Arts. 263-266) only.
With evident premedita on
The armed men must take part of the commission of the crime directly, or Evident premedita on exists when the execu on of the criminal act is preceded CASE: if the accused went to his wife, who was living separately from him, to
indirectly and the accused must avail himself of their aid or rely upon them by cool thought and re ec on upon the resolu on to carry out the criminal entreat her to live with him again, but a cousin of his wife provided him then
when the crime is commi ed. intent during the space of me su cient to arrive at a calm judgement. and there and caused him to assault him (wife’s cousin) and her son by rst
Premedita on, to be considered, must be evident and so proved with equal marriage, with a bolo, in ic ng physical injuries, caused indiscriminately and
Employing means to weaken the defense. certainty and clarity as the crime itself: it is essen al the the following elements not deliberately, the purpose of the accused in going to the house and not the
A person who suddenly throws a cloak over the head of his opponent and while should be there concur: (1) the me when the o ender has determined to kind of weapon he carries nor the parts of the bodies of the vic ms on which
in this situa on he kills him or one who suddenly casts sand or dirt upon the commit the crime, (2) an act manifestly indica ng the desire to commit the the wounds were in icted, is indica ve and determina ve of his inten on. The
eyes of the vic m and then kills him, evidently employs means which weaken crime; and (3) a su cient interval of me between the determina on and accused is liable only of physical injuries.
the defense. execu on of the crime has lapsed to allow him to re ect upon the
consequences of his act. That the death of the deceased was due to his refusal to be operated on, not
Employing means or persons to insure or a ord impunity. a defense.
When means or persons are employed by the accused who killed the deceased With cruelty. CASE: The fact that the vic m would have lived had he received appropriate
to prevent him being recognized, or to secure himself against detec on and There is cruelty when other injuries or wounds are in icted deliberately by the medical a en on s immaterial. Hence, the refusal of the deceased to be
punishment, he may be held liable for murder. o ender, which are not necessary for the killing of the vic m. The vic m must operated on does not relieve the o ender of the criminal liability for his death.
be alive when the other injuries or wounds are in icted.
It seems that one who covered his fave with handkerchief before killing the No o ense of frustrated homicide through imprudence
vic m is liable for murder, because he employed means to insure or a ord Outraging or sco ng at the person or corpse of the vic m. CASE: the accused pharmacist compounded and prepared the medicine on
impunity. Q: A person is found dead with wounds in the back, neck and other parts of the prescrip on by a doctor. The accused erroneously used a highly poisonous
body. What is the crime commi ed? substance. When taken by the pa ent, the la er nearly died. The accused was
In considera on of a price, reward or promise. A: murder. There is either cruelty the vic m was s ll alive when other wounds charged with frustrated homicide through reckless imprudence.
The person who received the price or reward or who accepted a promise of were in icted or, otherwise, outraging or sco ng at his corpse.
price or reward would not have killed the vic m were it not for the price, HELD: there was an error to convict the accused of frustrated homicide through
reward or promise. Such person is a principal by direct par cipa on. “Outraging” means to commit a extreme vicious or insul ng act. reckless imprudence. He is guilty of physical injuries through reckless
“Sco ng” means to jeer, and implied a showing of irreverence. imprudence. The element of intent to kill in frustrated homicide in
The one who gave the price or reward or who made the promise is a principal incompa ble with negligence or imprudence. Intent in felonies by means of
by induc on. EXAMPLES: solo is replaced with lack foresight or sill in felonies in culpa.
1. Anal intercourse with the vic m a er killing her.
When the circumstance is alleged in the informa on for murder and proved by 2. The corpse of the vic m was dismembered Q: A shot C with a pistol. Almost immediately a er A had shot C, B also shot C
the prosecu on, both are guilty of murder. 3. Decapita on of the vic ms head with (B’s) gun. Both wounds in icted by A and B were mortal. C was s ll alive
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 when B shot him. C died as a result of the wounds received from A and B, ac ng The penalty for homicide shall be one degree higher than that imposed by the par cular vic m. In such cases, the accused were held liable for homicide
independently of each other. law when the vic m is under 12 years of age. (Sec. 10, RA 7610) under ar cle 249, not under Art 251.

A: both are liable of homicide. The burden of proof is on each of the Ar cle 251. Death caused in a tumultuous a ray. - When, while several
When there was confusion in the ght and the person who in icted the
defendants to show that the wound in icted by him did not cause his death. persons, not composing groups organized for the common purpose of
wounds could not be iden ed, the crime is death caused in a tumultuous
The one who in icted a wound that contributed to the death of the vic m is assaul ng and a acking each other reciprocally, quarrel and assault each other
a ray
equally liable. in a confused and tumultuous manner, and in the course of the a ray someone
is killed, and it cannot be ascertained who actually killed the deceased, but the
NOTE: if it has not been shown which wounds were in icted by one and which person or persons who in icted serious physical injuries can be iden ed, such Q: four accused, on one hand, fought against three other persons, on the other;
by the other, both are liable for the death of the said deceased. Both shall be person or persons shall be punished by prision mayor. one of whom was mortally wounded, but it did not appear who in icted the
guilty of Homicide. wounds. There was confusion in the ght. The four accused did not help one
If it cannot be determined who in icted the serious physical injuries on the another in a acking the injured person.
SD: the ruling is applicable only when there is no conspiracy between or among deceased, the penalty of prision correccional in its medium and maximum
the accused. When there is conspiracy, it is not necessary to apply the ruling, periods shall be imposed upon all those who shall have used violence upon the
A: the accused were guilty of death caused by tumultuous a ray, and as the
because in such case, the act of one is the act of all. person of the vic m.
person who in icted the wound could not be iden ed, they were all liable
under the second paragraph of Ar cle 251, because they all used violence.
Q: A shot B with a revolver in the la er’s abdomen, in ic ng a wound that was Elements:
necessarily mortal. B fell to the ground, stunned for an instant, but soon got up, 1. That there be several persons
went to his house. Soon a erward, B procured a knife and, knowing that he 2. That they did not compose groups organized for the common purpose of Someone is killed din the course of a ray
wold die anyway, cut his throat, in ic ng a ghastly wound, from the e ect of assaul ng and a acking each other reciprocally
which he died in ve minutes. (People vs. Lewis, 124 Cal. 551 (Cal. 1899) 3. That there several persons quarreled and assaulted one another in a
The person killed in the course of a ray need not be one of the par cipants in
confused and tumultuous manner
the a ray.
A: A is guilty of Homicide. The conten on of A that B killed himself is untenable. 4. That someone was killed in the course of the a ray
When the death of B occurred, the wound in icted by A did contribute to the 5. That it cannot be ascertained who actually killed the deceased
event. B was actually dying when he cut his throat. A er the throat was cut, B “And cannot be ascertained who actually killed the deceased.”
con nued to languish from both wounds. Drop by drop the life current went 6. That the person or persons who in icted serious physical injuries or who
out from both wounds. used violence can be iden ed
If the one who in icted the fatal wound is known, the crime is not homicide in
tumultuous a ray. It is a case of homicide under Ar cle 249 against the one
Accidental Homicide TUMULTUOUS AFFRAY
who in icted the fatal wound.
Accidental Homicide is the death of a person brought about by lawful act Tumultuous a ray takes place when a quarrel occurs between several persons
performed with proper care and skill, and without homicidal intent. NOT composing organized groups and they engage in a ght in a confused and
tumultuous manner, in the course of which some persons are killed or The serious physical injuries, if in icted by one of the par cipants, should not
CASE: In a boxing game bout where the game is freely permi ed by law or local wounded and the author thereof cannot be ascertained. be the cause of death of the deceased.
ordinance, and ll the rule of the game have been observed, the resul ng death If the one responsible for killing is known, art. 249 (homicide) applies.
or injuries cannot be deemed felonious since the playing of the game is a If he is not known nor the one who in icted serious physical injuries or
Who is liable for death in tumultuous a ray?
lawful act. violence, then no one will be held responsible for the death of the vic m.

Q: in a boxing game, if the rules have been violated, foul blow was delivered NOTE: 1. Person or persons who in icted the serious physical injuries are liable. (Art.
and death resulted, what crime was commi ed if there is any? The person killed need not be a par cipant in the ght. 251, par. 1)
Penalty:
A: Homicide through negligence • If persons who in icted serious physical injuries can be iden ed prision
2. If it is not known who in icted the serious physical injuries on the
mayor.
deceased, ALL the person who used violence upon the person of the vic m
Q: In a boxing match, a foul blow is intended for the purpose of killing the • If it cannot be determined who in icted the serious physical injuries prision
are liable, but with lesser liability (Art. 251, par 2)
opponent, what crime was commi ed if there is any? correccional.

A: Inten onal homicide. Q: A, assisted by some laborers, was gathering tobacco. Then, they heard two Applica on of the second paragraph of Ar cle 251.
sounds of the horn, the later on the eastern side of the land, they discerned
Ar cle 250. Penalty for frustrated parricide, murder or homicide. - The courts, in more than 13 men coming towards them. Two laborers were wounded. When
Q: A er a free-for-all ght one of the par cipants dies the next day. There was
view of the facts of the case, may impose upon the person guilty of the they saw the two laborers fall the ground. One of them sounded the horn and
no convincing evidence that it was the knife which the accused wielded upon
frustrated crime of parricide, murder or homicide, de ned and penalized in the his companion withdrew. One oof the laborers later died. There was no
the body of the deceased that precisely caused any of the stall wounds in the
preceding ar cles, a penalty lower by one degree than that which should be confusion in the aggression or the defense, the aggressors helped another to
body of the deceased. All the wounds sustained by the deceased were in icted
imposed under the provision of Ar cle 50. in ict upon the deceased the fatal blow. The quarrel here was between two
by protagonists not composing groups.
well known groups of men.
The courts, considering the facts of the case, may likewise reduce by one
degree the penalty which under Ar cle 51 should be imposed for an a empt to A: accused is liable under second paragraph of Ar cle 251. It was held that the
A: No crime of death due to tumultuous a ray if the quarrel is between two
commit any of such crimes. accused having used violence upon the person of the deceased in wielding a
well-known groups or if a group or iden ed men physically assaults common,
Note: knife, was liable the aforemen oned ar cle.
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 Ar cle 252. Physical injuries in icted in a tumultuous a ray. - When in a A: No. In order to incur criminal liability for the result not intended, one must CASE: The distance of 200 meters was so great that it is di cult to impute an
tumultuous a ray as referred to in the preceding ar cle, only serious physical be commi ng a felony. (Art 4, par. 1, RPC) An a empt to commit suicide is an inten on on the part of the o ender to kill the o ended party. The discharge
injuries are in icted upon the par cipants thereof and the person responsible act, but it is not punishable by law. (Art. 3, RPC) Ar cle 253 does not penalize was intended to merely frighten away the o ended party. The crime commi ed
thereof cannot be iden ed, all those who appear to have used violence upon the person who a empts to commit suicide. A woman who tries to commit was only discharge of rearm.
the person of the o ended party shall su er the penalty next lower in degree suicide is not commi ng a felony. She is, therefore, not liable for abor on for BUT when there is intent to kill, because the accused, not having contented
than that provided for the physical injuries so in icted. expelling the fetus instead. himself with ring once, red successive shots at the o ended party, added to
the circumstance that immediately before, he had already killed a cousin of the
When the physical injuries in icted are of a less serious nature and the person o ender party, the crime commi ed was a empted homicide.
Ar cle 254. Discharge of rearms. - Any person who shall shoot at another with
responsible therefor cannot be iden ed, all those who appear to have used any rearm shall su er the penalty of prision correccional in its minimum and
any violence upon the person of the o ended party shall be punished by medium periods, unless the facts of the case are such that the act can be held Complex crime of illegal discharge of rearm with serious or less serious
arresto mayor from ve to een days. to cons tute frustrated or a empted parricide, murder, homicide or any other physical injuries
crime for which a higher penalty is prescribed by any of the ar cles of this
Code. If in the illegal discharge of rearm the o ender party is hit and wounded,
NOTE:
there is a complex crime of discharge of rearm with physical injuries when
• When a person is killed in the course of the a ray, and the one who in icted Elements: the physical injuries are serious or less serious.
serious physical injuries is known, Ar cle 252 is not applicable to those who 1. That the o ender discharges a rearm against or at another person. NOTE: when only slight physical injuries are in icted, there is no complex crime,
used violent, because that ar cle applies when in a tumultuous a ray, only
2. That the o ender has no inten on to kill that person. because such physical injuries cons tute a light felony.
serious physical injuries or physical injuries of a less serious nature are
in icted.
• Unlike the vic m in Ar cle 251, the injured party in the crime of physical Discharge towards the house of the vic m is not illegal discharge of rearm. Sec on Two. - Infan cide and abor on.
injuries in icted in a tumultuous a ray must be one or some of the The mere asser on of the o ended party that the shot was directed at the Ar cle 255. Infan cide. - The penalty provided for parricide in Ar cle 246 and
par cipants in the a ray. place in his house where he was, is not su cient proof that the shot was aimed for murder in Ar cle 248 shall be imposed upon any person who shall kill any
• ONLY THOSE WHO USED VIOLENCE ARE PUNISHED, because if the one who or red at him. It is essen al for the prosecu on to prove in a posi ve way that child less than three days of age.
caused the physical injuries is known, he will be liable of the physical injuries the discharge of the rearm was directed precisely against the o ended party.
actually commi ed (Arts. 263, 265, and 266) and not under this ar cle. Q: the accused red his gun at the door of the kitchen, and at the wall of the If the crime penalized in this ar cle be commi ed by the mother of the child for
house of the o ended party. He did not know in what part of the house he the purpose of concealing her dishonor, she shall su er the penalty of prision
people inside were.
Ar cle 253. Giving assistance to suicide. - Any person who shall assist another correccional in its medium and maximum periods, and if said crime be
to commit suicide shall su er the penalty of prision mayor; if such person leads A: The acts commi ed by the accused cons tuted a viola on of Ar cle 155, commi ed for the same purpose by the maternal grandparents or either of
his assistance to another to the extent of doing the killing himself, he shall Paragraph 1, for they were intended to cause alarm in the place where the them, the penalty shall be prision mayor.
su er the penalty of reclusion temporal. shots were red, producing danger to the persons of the house.

However, if the suicide is not consummated, the penalty of arresto mayor in its Notes: Elements:
medium and maximum periods, shall be imposed. • This crime cannot be commi ed through imprudence because it requires that 1. That a child was killed
the discharge must be directed at another. If the discharge is not directed at a
person, the crime may cons tute alarm or scandal. 2. That the deceased child was less than 3 days (72 hours) of age
Acts Punishable as Giving Assistance to Suicide:
• If the rearm was directed at a person and the trigger was pressed but did 3. That the accused killed the said child
By assis ng another to commit suicide, whether the suicide is consummated or
not re, the crime is frustrated discharge of rearm. If the father or mother of the legi mate grandparent kills the child less than
not By lending his assistance to another to commit suicide to the extent of
• If serious physical injuries resulted from the discharge of rearm, the crime three days old, the penalty is reclusion perpetua.
doing the killing himself
commi ed is the complex crime of serious physical injuries with illegal
EXAMPLE: If it is such assistance by another person to the extent of doing the
discharge of rearm, of if less serious injuries is in icted then it is a complex If the person who killed the child less than three days old is the brother in law
killing himself. However, Assistance to suicide is di erent from mercy killing. In
crime of less serious physical injuries with illegal discharge of rearm. of its mother, he incurred penalty of murder.
euthanasia, the person killed does not want to die. A doctor who resorts to
mercy-killing of his pa ent may be liable for murder. (Art. 248) • Penalty: Prision correccional in its minimum and medium periods.
Intent to kill is nega ved by distance of 200 yards between o ender and CASE: Defendant, an unmarried woman gave birth to a child and a short me
vic m. therea er carried the infant a distance of 150 meters from the house and
A person who a empts to commit suicide is not criminally liable.
There must be no inten on to kill. buried it. The body was disinterred and found to be that of a child born in
A person who a empts to commit suicide is not criminally liable, because perfect condi on of health, but with an abrasion on both sides of the nose
If the discharge of the rearm at the o ender party is coupled with the intent
society has always considered a person who a empts to kill himself as an apparently caused by heavy external pressure.
to kill him, the felony should be classi es as frustrated or a empted parricide,
unfortunate being, a wretched person more deserving of pity rather than
murder or homicide as the case may be not merely illegal discharge of rearm.
penalty.
This is so, because of Ar cle 254 states, “unless the facts of the case are such HELD: All the acts performed by the accused immediately a er her
that the act can be held to cons tute frustrated or a empted parricide, murder con nement, reveal in a clear and unques onable manner her decided intent
Q: Is a pregnant woman, who tried to commit suicide by means of poison, but or homicide.” to kill the newly born child in order to conceal her dishonor; and the signs of
instead of dying, the fetus in her womb was expelled. Intent to kill is negated by distance of 200 yards between the o ender and violence found on the body demonstrate that she actually e ected her
vic m purpose. The aforesaid signs, together with the above men oned conduct of
the accused, cons tute conclusive proof of her guilt as the author of the crime
of infan cide herein prosecuted. The judgment appealed from is con rmed.
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 A stranger who cooperates in the perpetra on of infan cide commi ed by the about six months old. But it did not have its own life, independently of the premature delivery of one of her twin babies, the other not having been born
mother or grandparent on the mother’s side, is liable for infan cide, but must mother. It could not subsists by itself, outside the maternal womb. It did not because the woman died.
su er the penalty prescribed for murder. unite all the condi ons for legal viability. A fetus under these condi ons had A: this is a complex crime of homicide with uninten onal abor on.
necessarily to succumb a few moments a er its expulsion from the maternal
womb. CASE: Mere boxing on the stomach, taken together with immediate strangling
Q: a woman gave birth to a child born dead and lifeless. On account of the
of the vic m in a ght, is not su cient proof to show an intent to cause an
darkest of the night, instead of grave being dug to bury the lifeless body, it was
A: abor on was commi ed and not infan cide. If the fetus (1) could sustain an abor on. In fact, appellant must have merely intended to kill the vic m but not
deposited by the other accused in a hole one meter deep.
independent life, a er its separa on from the maternal womb, and it (2) is necessarily to cause an abor on. He is guilty of complex crime of parricide
killed, the crime is infan cide. with uninten onal abor on.
Held: since the crime consists in killing the child, the prosecu on must prove
that the mother gave brith to a living creature. The child must be born alive and Ar cle 257. Uninten onal abor on. - The penalty of prision correccional in its CASE: A husband, who , with violence killed his pregnant wife, thus occasioning
fully developed, that is, it can sustain an independent life. A fetus about six minimum and medium period shall be imposed upon any person who shall the death of the fetus, is guilty of parricide with uninten onal abor on.
months old cannot subsist by itself, outside the maternal womb. cause an abor on by violence, but uninten onally.
Uninten onal abor on dis nguished from infan cide
Elements: In uninten onal abor on:
Ar cle 256. Inten onal abor on. - Any person who shall inten onally cause an
1. That there is a pregnant woman 1. There is a pregnant woman;
abor on shall su er:
2. That violence is used upon such pregnant woman without intending an 2. Violence is used upon such pregnant woman without intending an
abor on abor on;
1. The penalty of reclusion temporal, if he shall use any violence upon the 3. That the violence is inten onally exerted 3. The violence is inten onally exerted; and
person of the pregnant woman. 4. That as a result of the violence, the fetus dies, either in the womb or a er 4. As a result of the violence, the fetus dies, either in the womb or a er
having been expelled therefrom having been expelled therefrom.

2. The penalty of prision mayor if, without using violence, he shall act without
Notes: In infan cide, it is necessary that the child be born alive and be viable, that is,
the consent of the woman.
• Uninten onal abor on is commi ed only by violence which must be capable of independent existence.
inten onally exerted to be liable under Ar cle 257.
3. The penalty of prision correccional in its medium and maximum periods, if • Uninten onal abor on may be commi ed through imprudence. While it is If the child is expelled prematurely and is born alive but could not sustain an
the woman shall have consented. not necessary that the physical violence be deliberate, it must, however, be independent life, the o ense is abor on.
voluntary.
• If the pregnant woman assaulted prematurely delivered, and died therea er No inten on to cause abor on, no violence — ar cle 256 or Ar cle 257 does
Ways of Commi ng Inten onal Abor on:
together with the fetus, a complex crime of homicide with uninten onal not apply — no abor on of any kind.
abor on is commi ed. If the assault was commi ed by the husband, a
• By using any violence upon the person of the pregnant woman complex crime of parricide with uninten onal abor on is commi ed. Ar cle 258. Abor on prac ced by the woman herself of by her parents. - The
penalty of prision correccional in its medium and maximum periods shall be
Q: a man pointed a gun at a pregnant woman, at the same me telling her that imposed upon a woman who shall prac ce abor on upon herself or shall
• By ac ng, but without using violence, without the consent of the woman (by
he will kill her, and because of the fright she absorbs, she su ers an abor on. consent that any other person should do so.
administering drugs or beverages upon such pregnant woman without her
A: he is guilty of threats only.
consent)
Any woman who shall commit this o ense to conceal her dishonor, shall su er
Q: the accused who struck a woman three months pregnant on her hip with a the penalty of prision correccional in its minimum and medium periods.
• By ac ng (by administering drugs or beverages), with the consent of the bo le, causing hemorrhage and miscarriage.
pregnant woman A: he is guilty of uninten onal abor on. If this crime be commi ed by the parents of the pregnant woman or either of
Note: the violence consis ng in striking the pregnant woman in a bo le on his them, and they act with the consent of said woman for the purpose of
was inten onally exert dry the accused. concealing her dishonor, the o enders shall su er the penalty of prision
correccional in its medium and maximum periods.
Elements:
Q: a truck driven by the accused bumped a calesa from behind causing the
1. That there is a pregnant woman.
horse drawing it to stubble as a result, the coacher and the passengers therein, Elements:
2. That violence is exerted, or drugs or beverages administered, or that the
who was sixth month pregnant, bumped her abdomen against the front wall of 1. That there is a pregnant woman who has su ered an abor on
accused otherwise acts upon such pregnant woman.
the class and as a consequence she had an abor on. 2. That the abor on is intended
3. That as a result of the use of violence or drugs or beverages upon her, or
A: the accused is guilty of uninten onal abor on through reckless imprudence. 3. That the abor on is caused by:
any other act of the accused, the fetus dies, either in the womb or a er
a. the pregnant woman herself
having been expelled therefrom.
Is the accused liable for the abor on even if he did not know that the vic m is b. any other person, with her consent
4. That the abor on is intended.
pregnant? c. any of her parents, with her consent, for the purpose of concealing her
A: yes, even though it was not the criminal intent of the defendant to cause the dishonor
Persons liable for abor on.
abor on. He is s ll liable for the said crime.
The person who inten onally caused the abor on is liable under Ar cle 256.
Notes:
The woman is liable under Ar cle 258, if she consented to the abor on caused
Q: Becoming angry with a pregnant woman, stuck her with his st, causing her • Only the woman or any of her parents is liable under Ar cle 258 if the
on her. If she did not consent to the abor on caused on her, she is not liable.
to fall to the ground, and when she got up, he gave another blow which caused purpose of the la er is to conceal her dishonor.
Abor on dis nguished from infan cide.
her to fall again. As a result, she su ered hemorrhage, culmina ng in the • If the woman consents to abor on in order to conceal her dishonor, her
Q: a mother, who had aborted for taking “pociones amargas”, buried near her
liability is mi gated and she will be meted a penalty of prision correc onal in
house a living fetus. The expelled fetus had already acquired a human form and
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 its minimum and medium periods. No mi ga on however with regards to Elements for Pharmacists: combatants. However, the Code disregards the intent to kill in considering the
either parents. 1. That the o ender is a pharmacist penalty for duel when only physical injuries are in icted upon the adversary.
2. That there is no proper prescrip on from a physician
The woman is liable if she “shall consent that any person should do so.” 3. That the o ender dispenses any abor ve Q: if only slight physical injuries are in icted in a duel, must the penalty be
That the woman is liable under Ar cle 258 either: (1) when she shall prac ce an arrest menor?
abor on upon herself, or (2) when she shall consent that any other person Note:
should do so. • It is not necessary that the pharmacist knows the abor ve would be used for A: if no physical injuries are in icted in a duel, the penalty imposed upon the
abor on, what is punished is the dispensing of the abor ve without proper combatants is arrest mayor. On the other hand, if the person in icted upon his
Only the woman or any of her parents is liable under Ar cle 258, If the prescrip on from a physician. adversary in a duel physical injuries only, he shall su er the penalty provided
purpose of the la er is to conceal her dishonor. • The penalty provided for inten onal abor on shall be imposed in the therefore, according to their nature.
maximum period upon the physical or midwife.
NOTE that Ar cle 258 covers three cases, namely: It is believed that the second paragraph of Ar cle 260 should apply and the
1. Abor on is commi ed by the woman upon herself or by any other person CASE: if the accused knew that the abor ve would be used to cause an abor on penalty of arresto menor, not arrest mayor, should be imposed.
with her consent (par 1) and abor on resulted from the use thereof, the pharmacist would be an
2. Abor on by the woman upon herself to conceal her dishonor (par. 2) accomplice in the crime of abor on. The third paragraph of Ar cle 260 applies only when no physical injuries are
3. Abor on by any of the parents of the woman with the le ers consent to in icted by either of the combatants on the other, in which case, both
conceal her dishonor (par.3) The act cons tu ng the o ense is dispensing abor ve without proper combatants shall be punished by arrest mayor.
prescrip on from a physician. It is not necessary that the abor ve be actually
The person liable under par. 1 of Ar cle 258 is the woman only. The other used. Ar cle 261. Challenging to a duel. — The penalty of prision correccional in its
person who cause the abor on on her with her consent is liable under Ar cle minimum period shall be imposed upon any person who shall challenge
256. If the purpose of the parents of the woman was not to conceal her Ar cle 260. Responsibility of par cipants in a duel. — The penalty of reclusion another, or incite another to give or accept a challenge to a duel, or shall sco
dishonor, the case does not fall under rAr cle 258, but under Ar cle 256. temporal shall be imposed upon any person who shall kill his adversary in a at or decry another publicly for having refused to accept a challenge to ght a
duel. duel.chanrobl

Liability of pregnant woman is mi gated if the purpose is to conceal dishonor.

If the purpose of the pregnant woman is to conceal her dishonor, the penalty is If he shall in ict upon the la er physical injuries only, he shall su er the penalty Acts Punished under this Ar cle:
lower. (Art. 258 (2)) provided therefor, according to their nature • By challenging another to a duel
• By inci ng another to give or accept a challenge to a duel
The reason for the mi gated responsibility is that when a woman becomes In any other case, the combatants shall su er the penalty of arresto mayor, • By sco ng at or decrying another publicly for having refused to accept a
pregnant out of an illicit rela onship, excited and obfuscated by the fear of her although no physical injuries have been in icted. challenge to ght a duel
dishonor being made public, she either prac ces abor on upon herself or
consents that any other person does so, to erase the traces of her mistake. The seconds shall in all events be punished as accomplices. Persons Liable:
• Challenger
No mi ga on for parents of pregnant woman if the purpose is to conceal Acts punished in Duel: • Ins gator
dishonor. • By killing one’s adversary in duel
If commi ed by any of the parents of the pregnant woman and with the • By in ic ng upon such adversary physical injuries
Note:
consent of such woman to conceal her dishonor, the penalty is the same as that • By making a combat although no physical injuries have been in icted.
Challenging to ght, without contempla ng a duel is not challenging to a duel.
for the woman who prac ced abor on upon herself without such purpose of
The person making the challenge must have in mind a formal combat to be
concealing her dishonor. Persons Liable in Duel:
concerted between him and the one challenged in the presence of two or more
• The person who killed or in icted physical injuries upon his adversary, or both
seconds.
There is no mi ga on for the parents of the pregnant woman. combatants in any other case, as principles
• The seconds, as accomplices
Ar cle 259. Abor on prac ced by a physician or midwife and dispensing of
What are the elements of a duel?
abor ves. - The penal es provided in Ar cle 256 shall be imposed in its NOTE:
1. It is a formal or regular combat
maximum period, respec vely, upon any physician or midwife who, taking If death resulted, the penalty for duel is reclusion temporal, the same as that
2. Concerted between two par es
advantage of their scien c knowledge or skill, shall cause an abor on or assist for homicide.
3. Performed in the presence of two or more seconds of lawful age on each
in causing the same.
side
Q: must the penalty be that for physical injuries only when the agreement is to
4. The seconds make the selec on of arms and x all the other condi ons of
Any pharmacist who, without the proper prescrip on from a physician, shall ght to the death?
the ght.
dispense any abor ve shall su er arresto mayor and a ne not exceeding 1,000
pesos. A: Art 260 makes no dis nc on and the rule is that “we must not dis nguish
Q: Nursing ill-feelings and moved by hatred, the accused challenged the
when the law makes no dis nc on.”
o ended party to a duel, inci ng the la er to accept the said challenge by
Elements for Physician or Midwife:
u ering: “Come down, let us measure your prowess, we shall see whose
1. That there is a pregnant woman who has su ered an abor on. But the general principle is that when there is intent to kill, the in ic ng of
intes ne will come out. You are a coward if you do not come down.” The
2. That the abor on is intended physical injuries is either a empted or frustrated homicide. The penalty for
o ended party refused to come down and accept the challenge. Later, when
3. That the o ender, who must be a physician or midwife, causes, or assists in duel, when a person kills his adversary, is the same as that for homicide,
the accused saw the o ended party running toward a nearby house, the former
causing, the abor on because when death results, the intent to kill is conclusively presumed. When
ran a er the la er, but desisted upon seeing that the o ended party had a
4. That said physician or midwife takes advantage of his or her scien c there is an agreement to ght to death, there is intent to kill on the part of the
companion.
knowledge or skill
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 A: this is not challenging to a duel, but only light threats under Ar cle 285, physical injuries falling under Ar cle 263, paragraph 1 (o ended party c. Loses the use thereof, or
paragraph 2. (People vs. Tacomoy, G.R. No. L-4798, July 16, 1951) becomes impotent) or paragraph 2 (loss of hand, arm, or leg), as may be. d. Becomes ill or incapacitated for the performance of the work in which he
was habitually engaged for more than 90 days, in consequence of the
Ar cle 262. Mu la on. — The penalty of reclusion temporal to reclusion Ar cle 263. Serious physical injuries. — Any person who shall wound, beat, or physical injuries in icted.
perpetua shall be imposed upon any person who shall inten onally mu late assault another, shall be guilty of the crime of serious physical injuries and shall 4. When the injured person becomes ill or incapacitated for labor for more than
another by depriving him, either totally or par ally, or some essen al organ of su er: 30 days (but must not be more than 90 days), as a result of the physical injuries
reproduc on. 1. The penalty of prision mayor, if in consequence of the physical injuries in icted.
in icted, the injured person shall become insane, imbecile, impotent, or
Any other inten onal mu la on shall be punished by prision mayor in its blind;
medium and maximum periods. 2. The penalty of prision correccional in its medium and maximum periods, if Classes of Serious Physical Injuries:
in consequence of the physical injuries in icted, the person injured shall • Consequences of the injuries in icted
Note:
have lost the use of speech or the power to hear or to smell, or shall have • Nature and character of the wound in icted
Under Sec on 10 of R.A. No. 7610, the penalty for other inten onal mu la on
lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any • The proper penalty
if the vic m is under 12 years old is reclusion perpetua.
such member, or shall have become incapacitated for the work in which he
was therefor habitually engaged;
MUTILATION Blindness and loss of an eye:
3. The penalty of prision correccional in its minimum and medium periods, if
Mu la on is the lopping or the clipping o of some part of the body. The • Under paragraph 1, the blindness must be of two eyes.
in consequence of the physical injuries in icted, the person injured shall
essen al element of this felony is that the mu la on must be inten onal. • Under paragraph 2, note the loss of an eye only.
have become deformed, or shall have lost any other part of his body, or
shall have lost the use thereof, or shall have been ill or incapacitated for the
performance of the work in which he as habitually engaged for a period of
Two Kinds of Mu la on: According to Cuello Calon (II Codigo Penal, 10th Ed., pp. 515-516) the blindness
more than ninety days;
• Castra on - inten onally mu la ng another by depriving him, either totally must be complete. Mere weakness of vision is not contemplated.
4. The penalty of arresto mayor in its maximum period to prision correccional
or par ally, of some essen al organ for reproduc on (such as a penis or
in its minimum period, if the physical injuries in icted shall have caused the
ovarium)
illness or incapacity for labor of the injured person for more than thirty
• By inten onally making other mu la on of any other organ or part of the DEFORMITY
days.
body of the o ended party, other than the essen al organ for reproduc on, Deformity are:
to deprive him of that part of his body. • ugliness
If the o ense shall have been commi ed against any of the persons
• which is permanent and de nite abnormality
enumerated in Ar cle 246, or with a endance of any of the circumstances
CASE: The pu ng out of an eye does not fall under this de ni on. Thus when a • conspicuous and visible.
men oned in Ar cle 248, the case covered by subdivision number 1 of this
robber stabbed a woman in one eye, and as a result of the wound thus in icted
Ar cle shall be punished by reclusion temporal in its medium and maximum
she lost the use of the eye, the is no mu la on. (U.S. vs. Bogel, 7 Phil. 285) The injury to cause deformity is one that cannot be replaced by nature and if
periods; the case covered by subdivision number 2 by prision correccional in its
the loss of the teeth is visible and impairs the appearance of the injured party,
maximum period to prision mayor in its minimum period; the case covered by
Mu la on of rst kind is castra on which must be made purposely. it cons tutes a dis gurement.
subdivision number 3 by prision correccional in its medium and maximum
Clearly it is the inten on of the law to punish any person who shall inten onally
periods; and the case covered by subdivision number 4 by prision correccional
deprive another of any organ necessary for reproduc on. An applicable Q: the accused, while conversing with the o ended party, drew the la er’s bolo
in its minimum and medium periods.
construc on, is that of Viada in the following language: from its scabbard. The o ended party caught hold of the edge of the bade of
his bolo and wounded himself. Is it Art. 263?
The provisions of the preceding paragraph shall not be applicable to a parent
“ At the head of these crimes, according to their order of gravity, the mu la on
who shall in ict physical injuries upon his child by excessive chas sement.
known by the name of ‘castra on which consist of the amputa on of whatever c

A: since the accused did not wound, beat, or assault the o ended party, he
organ is necessary for genera on. The law could not fail to punish with the How is the crime of serious physical injuries commi ed? cannot be guilty of serious physical injuries (U.S. vs. Villanueva, 31 Phil. 412)
utmost severity such a crime, which, although destroying life, deprives a person It is commi ed by:
of the means to transmit it. But bear in mind that according to this ar cle in • Wounding May be commi ed by reckless imprudence, or by simple imprudence or
order for ‘castra on’ to exist, it is indispensable that the ‘castra on’ be made • Bea ng negligence.
purposely. The law does not look only to the result but also to the inten on of • Assaul ng (Art. 263)
the act. • Administering injurious substance (Art. 264) CASE: A person may be guilty of lesiones by reckless imprudence, or by simple
imprudence or negligence under Ar cle 365 in rela on to Ar cle 263, when due
Penalty when the vic m of other inten onal mu la on is under 12 years of to lack of precau on he wounded another.
age. Kinds of Serious Physical Injuries:
1. When the injured person becomes insane, imbecile, impotent or blind in What are serious physical injuries?
The penalty for Ar cle 262, pag 2 (other inten onal mu la on) shall be consequence of the physical injuries in icted. They are:
reclusion perpetua to death when the vic m is 12 years of age. (Sec. 10, R.A No. 2. When the injured person: 1. When the injured person becomes insane, imbecile, impotent, or blind in
7610) • loses the use of speech or the power to hear or to smell, or loses an eye, a consequence of the physical injures in icted.
hand, a foot, an arm, or a leg, or 2. When the injured person
The o ender must have the inten on to deprive the o ended party of a part of • loses the use of any such member, or (c) becomes incapacitated for the work (a) loses the use of speech or the power to hear or to smell, or loses an eye, a
his body. in which we were theretofore habitually engaged, in consequence of the hand, a foot, an arm, or a leg, or
physical injuries in icted. (b) Loses the use of any such member, or
CASE: If a mu la on is not caused purposely and deliberately so as to deprive 3. When the person injured (c) Becomes incapacitated for the work in which he was therefore habitually
the o ended party of a par cular part if his body, the case will be considered as a. Becomes deformed, or engaged, in consequence of the physical injuries in icted.
b. Losses any other member of his body, or 3. When the person injured
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 (a) becomes deformed, or It must be loss of power to hear of both ears. If there is loss of power to hear Deformity of loss of teeth refers to injury which cannot be repaired by the
(b) Loses any other member of his body, or on one ear only, it is serious physical injures under paragraph 3 of Ar cle 263. ac on of nature.
(c) Loses the use thereof, or (People vs. Hernandez, 94 Phil. 49)
(d) Becomes ill or incapacitated for the performance of the work in which he Q: the accused struck the injured party in the mouth with the iron instrument
was habitually engaged for more than 90 days, in consequence of the Loss of use of hand or incapacity for usual work must be permanent used for turning the engine of a motor truck, causing the loss of four front
physical injuries in icted. CASE: During the trial, o ender party tried to prove that as a result of the injury teeth.
4. When the injured person becomes ill or incapacitated for labor for more than on his le wrist, he permanently lost the use of it, “because the ngers are
30 days (but must not be more than 90 days), as a result of the physical injuries paralyzed, the ngers lose their exibility.”Ar cle 263, paragraph 2, presupposes A: the injury contemplated by the Code is an injury that cannot be repaired by
in icted. that the loss of the use of the hand or the incapacity for unusual work is the ac on of nature. The fact that the o ended party may have ar cial teeth,
permanent. O ended party’s uncorroborated tes mony does not su ciently if he has the necessary means and so desires, does not repair the injury,
Classes of serious physical injuries. establish that the loss of the use of his le hand is las ng an permanent. Even if although it may lessen the dis gurement. The case of a child or an old woman
Ar cle 263 is divided into several paragraphs, with speci ca ons, in each case, he could not use his le hand during the trial, it does not necessary follow that is an EXCEPTION to the rule. (People vs. Balubar, 60 Phil. 699)
of: he has forever lost the use thereof. It is possible that he might later on regain its
(1) the consequences of the injuries in icted, use. No expert tes mony was presented to show the nature of eleuterio Loss of one tooth which impaired appearance is deformity.
(2) The nature and character of the wound in icted, and Macayan’s injury was such that he has permanently lost the use of his le hand The crime commi ed falls under subdivision 3 of Ar cle 263 in view of the
(3) The proper penalty. by reason thereof. In order to sustain a convic on under the aforemen oned unconverted loss of Duremdes’ le upper central incisor which was visible and
provision of law, the prosecu on must prove by clear and conclusive evidence impaired his appearance, and which dis gurement could not be removed by
There must be intent to kill. that the o ended party actually cannot make use of his hand and that such the ac on of nature. (People vs. Lagrosas, c.a, o.g. 6519, ci ng the case of
impairment is permanent. The act commi ed by the defendant cons tutes the People vs. Balubar, 60 Phil. 698)
If there was intent to kill when the o ender in icted any of the serious physical crime of serious physical injuries de ned and penalized under paragraph 3,
injuries in this ar cle, the crime would be frustrated or a empted murder, Ar cle 263 of the RPC (People vs. Reli, C.A., O.G. 5695) In an earlier case, it was held that the breakage of an incisor does not
parricide or homicide, as the case may be. cons tute deformity. (People vs. Cambel, CA-G.R. No. 6054, November 28,
All those men oned in paragraph 2 are principal members of the body. 1940)
Physical injuries, dis nguished from a empted or frustrated homicide. All those men oned in paragraph 2 of this ar cle are members. Thus, the eye,
the hand, etc., are principal members. A front tooth is a member of the body.
1. In both crimes, the o ender in icts physical injuries. A empted homicide A front tooth is a member of the body, other than a principal member, within
may be commi ed, even if no physical injuries are in icted. The arm is a principal member within the meaning of paragraph 2 of this the meaning of the words, “or shall have lost any other member,’ as used in
2. While in the crime of physical injuries, the o ender has no intent to kill the ar cle. (U.S. vs. Camacho, 8 Phil. 142) Where the vic m’s le arm becomes subsec on 3 of Ar cle 263 of the RPC.
o ended party, in the a empted or frustrated homicide, the o ender has permanently maimed, the crime is serious physical injuries.
an intent to kill the o ender party. CASE: The loss of a front tooth due to a st blow is serious physical injury
Paragraph 3: INJURED PERSON BECOMES DEFORMED, OR LOSES ANY OTHER under paragraph 3 of Ar cle 263.
Paragraph 1: INJURED PERSON BECOMES INSANE, IMBECILE, IMPOTENT, OR MEMBER OF THE BODY, OR THE USE THEREFORE, OR BECOMES ILL OR
BLIND INCAPACITATED FOR THE PERFORMANCE OF THE WORK IN WHICH HE HAS Loss of the lobule of the ear is deformity.
HABITUALLY ENGAGED FOR MORE THAN 90 DAYS Q: the accused held the o ended party by the hair, dragged her along the
Meaning of the term “impotent” ground, then but her le ear.
In the medical jurisprudence, impotence means inability to copulate. Properly Paragraph 3 covers any members which is not principal members of the body.
used for the male; but it also has been used synonymously with “sterility.” A: the o ended party was permanently dis gured because of the loss of the
The phrase “any other part of his body” in paragraph 3 of this ar cle should be lobule of the le ear. (US vs. Solis, et al., 4 Phil. 178)
Penalty when the vic m of serious physical injuries under paragraph 1 is “any other member,” meaning any member other than an eye, a hand a foot, an
under 12 years of age. arm, or a leg, which are men oned in paragraph 2. Loss of index and middle ngers is either deformity or loss of a member, not
principal one, of his body pr use of same.
The penalty for Ar cle 262, Paragraph 1 shall be reclusion perpetua when the The ngers of the hand are not principal members. The loss of the use of three
vic m is under 12 years of age (Sec. 10, R.A No. 7610) ngers of a le hand is serious physical injuries under paragraph 3 of Ar cle Q: the accused struck with his bolo the o ended party, severing the index and
263. But it it is alleged in the informa on and proved that the loss of the use of middle nger of his right hand. The o ended party was not rendered incapable
Blindness and loss on an eye. the three ngers also resulted in the loss of the use of the hand itself, it is of working in the elds, his occupa on, with the loss of his said ngers.
Under paragraph 1, the blindness must be of two eyes. serious physical injuries under paragraph 2 of the said ar cle.
Under paragraph 2, loss of an eye only. Held: the o ended party lost a member, not a principal one, of his body or the
NOTE: if the scar is usually covered by the dress or clothes, it would not be use of the same and was also deformed. (US vs. Bugarin, 15 Phil. 189)
According the Cuello Calon (II Codigo Penal, 10th Ed., pp. 515-516), the conspicuous and visible.
blindness must be complete. Mere weakness of vision is not contemplated. Loss of the power to hear of right ear only is loss of use of other part of body.
A scar produced by an injury on the upper part of the neck, near the jaw, Loss “of the power to hear” is surely a serious physical injury.
Paragraph 2: INJURED PERSON LOSES USE OF SPEECH OR POWER TO HEAR OR cons tutes deformity within the meaning of paragraph 3 of this ar cle.
SMELL OR LOSES AN EYE, HAND, FOOT, ARM, OR LEG, OR LOSES USE OF ANY Q: But the loss “of the power to hear on his le ear” a loss of the power to
SUCH MEMBER OR BECOMES INCAPACITATED FOR WORK IN WHICH HE WAS Loss of teeth as deformity. hear?
HABITUALLY ENGAGED. The loss of three incisors is a visible deformity, while the loss of on incisor does
not cons tute a deformity according to the Supreme Court of Spain A: the o ended party may s ll hear through his le ear, it would seem he has
Loss of power to hear. not lost the power to hear. However, Ar cle 263, paragraph 3, prescribes
prision correccional in it minimun and medium periods if the person injured
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 shall have lost “the use of any other part of his body.” The o ended party was Medical a endance is not important in serious physical injuries. CASE: The in ic on of injuries by throwing mordant chemicals or poisons on
deprived of the use of his right ear, a part of his body. (People vs. Hernandez, 94 It is to be noted that paragraph 4, Ar cle 263, requires illness or incapacity for the face or upon the body is not contemplated in this ar cle, because that is
Phil. 49) labor, not medical a endance. (People vs. Obia, V.A., 45 O.G. 2568) in other not “administering” injurious substance or beverage. (U.S. vs. Chioung Songco,
paragraphs of Ar cle 263, medical a endance is not also men oned. 18 Phil. 459)
In determining incapacity, must the injured party have an avoca on at the
me of the injury? When the category of the o ense of serious physical injuries depends on the Ar cle 264 does not apply when the physical injuries that result are less
In paragraph 2 of this ar cle, note that the incapacity of the o ended party period of illness or incapacity for labor, there must be evidence on the length of serious or slight.
refers to the work “in which he was theretofore habitually engaged” that period, otherwise, the o ense is only slight physical injuries. If a result of administering injurious substance, only less serious or slight
physical injuries are in icted, they will be treated under Ar cle 265 or Ar cle
So also in paragraph 3, which speaks of “incapacitated for the performance of Lessening of e ciency due to injury is not capacity. 266, as the case may be.
the work in which he was habitually engaged.” There is no incapacity of the injured party could s ll engage in his work
although less e ec vely than before. (U.S. vs. Bugarin, supra) Ar cle 264 speci cally men ons “any serious physical injury.”
In these two paragraphs, at least, the o ended party must have an avoca on or “Weakness of mind or credulity”
work at the me of the injury. Ordinary physical injuries, dis nguished from mu la on
The mu la on must have been caused purposely and deliberately to lop or clip “By taking advantage of his weakness of mind or credulity” may take place in
The term “work” includes studies or prepara on for a profession. o some of the part of the body so as to drive the o ended party of such part the case of witchcra , philters, magne sm, etc.
of the body; this special inten on is not present in the other kinds of physical
Incapacity for a certain kind of work only, but nor for all, is a serious physical injuries. Ar cle 265. Less serious physical injuries. - Any person who shall in ict upon
injury has rendered the o ended party incapable of working in the elds which another physical injuries not described in the preceding ar cles, but which shall
was the occupa on in which at the me he had been habitually engaged. Quali ed serious physical injuries. incapacitate the o ended party for labor for ten days or more, or shall require
If the o ense is commi ed against any of the persons enumerated in the ar cle medical assistance for the same period, shall be guilty of less serious physical
In the case of U.S. vs. Bugarin, 16 Phil 189, it is said that the incapacity must de ning the crime of parricide (Ar cle 246) or with the a endance of any of the injuries and shall su er the penalty of arresto mayor.
show that the physical injury has rendered the o ended party incapable f circumstances men oned in the ar cle de ning the crime of murder (Ar cle
working in the elds which was the occupa on in which at the me he had 248), the law provides higher penal es. (Ar cle 263, paragraph next to the last) Whenever less serious physical injuries shall have been in icted with the
been eventually engaged. manifest intent to kill or o end the injured person, or under circumstances
Serious physical injuries by excessive chas sement by parents are not quali ed. adding ignominy to the o ense in addi on to the penalty of arresto mayor, a
CASE: When the injured man did not recover so as to be able to a end to his The penal es referred to in the paragraph next to the last of Ar cle 263 are not ne not exceeding 500 pesos shall be imposed.
ordinary avoca on for a period of a li le more than 30 days, the case falls to be imposed on a parent who in icted physical injuries upon his child by
under Ar cle 263, paragraph 4. (U.S. vs. Vinco, 5 Phil. 47) excessive chas sement. (Art. 263, last paragraph) Any less serious physical injuries in icted upon the o ender's parents,
ascendants, guardians, curators, teachers, or persons of rank, or persons in
Paragraph 4: INJURED PERSON BECOMES ILL OR INCAPACITATED FOR LABOR Ar cle 264. Administering injurious substances or beverages. - The penal es authority, shall be punished by prision correccional in its minimum and medium
FOR MORE THAN 30 DAYS established by the next preceding ar cle shall be applicable in the respec ve periods, provided that, in the case of persons in authority, the deed does not
case to any person who, without intent to kill, shall in ict upon another any cons tute the crime of assault upon such person.
Paragraph 4 speaks for incapacity for any kind of labor. serious, physical injury, by knowingly administering to him any injurious
The fourth paragraph of this ar cle does not refer to labor in which the substance or beverages or by taking advantage of his weakness of mind or Elements:
o ended party is engaged at the me the serious physical injuries are in icted. credulity. 1. That the o ender in icted upon another any serious physical injury
Hence, the incapacity is for any kind of labor. 2. That it was done by knowingly administering to him any injurious substance
Elements: or beverages or by taking advantage of his weakness of mine or credulity
Injury inquiring hospitaliza on for more than 30 days is serious physical 1. That the o ender in icted upon another any serious physical injury 3. That he had no intent to kill
injuries. 2. That it was done by knowingly administering to him any injurious substance
CASE: The leg injury in icted on the vic m required hospitaliza on for more or beverages or by taking advantage of his weakness of mine or credulity
than 30 days. Said physical injury is covered by paragraph 4 of Ar cle 263 of the 3. That he had no intent to kill Notes:
Revised Penal Code. (People vs. Moro Ali, et al., G.R. No. L-7431, May 30, 1958, • To ‘administer’ an injurious substance or beverage within the meaning of art.
103 Phil. 1166) Notes: 264 means to direct or cause said substance or beverage to be taken orally by
• To “administer” an injurious substance or breverage within the meaning of the injured person, who su ers serious physical injuries as a result. The law
Note: hospitaliza on for more than 30 days may mean either illness or art. 264 means to direct or cause said substance or beverage to be taken does not include less serious or slight physical Injuries.
incapacity for labor for more than 30 days. orally by the injured person, who su ers serious physical injuries as a result. • There must be no intent to kill; otherwise, frustrated murder will be
The law does not include less serious or slight physical Injuries. commi ed.
CASE: In a case, months a er the o ense occurred, the injury to the o ended • There must be no intent to kill; otherwise, frustrated murder will be • This is also commi ed by taking advantage of the weakness of mind or
party’s le eye has not been en rely cured. This is illness for more than 30 days commi ed. credulity of the o ended party
and the case falls under paragraph 4 of Ar cle 263. (People vs. De Castro, G.R. • This is also commi ed by taking advantage of the weakness of mind or
No. 41606, April 29, 1935) credulity of the o ended party. Ma ers to be noted in the crime of less serious physical injuries.
1. That the o ended party is incapacitated for labor for 10 days or more (but
Note: it would seem that if the injury would require medical a endance for It is frustrated murder when there is intent to kill. not more than 30 days), or needs medical a endance for the same period
more than 30 days, the illness of the o ended party may be considered as If the o ender had any inten on to kill, the crime would be frustrated murder, of me.
las ng for more than 30 days. The facts that there was medical a endance for the injurious substance to be considered as poison. 2. That the physical injuries must not be those described in the preceding
that period of me shows that the injuries were not cured for that length of ar cles.
me. “By knowingly administering to him any injurious substance”
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 Thus, if the incapacity is more than 30 days or the illness lasts for more than 30 Ar cle 266. Slight physical injuries and maltreatment. - The crime of slight
days, it is a serious physical injury under paragraph 4, Ar cle 263. physical injuries shall be punished:
1. By arresto menor when the o ender has in icted physical injuries which
Quali ed less serious physical injuries. shall incapacitate the o ended party for labor from one to nine days, or
1. A ne of not exceeding P50,000, in adi on to arresto mayor, shall be shall require medical a endance during the same period.
imposed for less serious physical injuries when — 2. By arresto menor or a ne not exceeding 20 pesos and censure when the
(a) there is a manifest intent to insult or o end the injured person; or o ender has caused physical injuries which do not prevent the o ended
(b) There are circumstances adding ignominy to the o ense. party from engaging in his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a ne not exceeding 50 pesos
2. A higher penalty is imposed when the vic m is either — when the o ender shall ill-treat another by deed without causing any
(a) the o ender’s parents, ascendants, guardians, curators, or teachers; or injury.
(b) Persons of rank or persons in authority, provided the crime is not direct
assault. Kinds of Slight Physical Injuries:
• Physical injuries which incapacitated the o ended party for labor from 1 to 9
Medical a endance or incapacity is required in less serious physical injuries. days, or required medical a endance during the same period
The law includes two subdivisions, dealing with: • Physical injuries which did not prevent the o ended party from engaging in
1. The inability for work; and his habitual work or which did not require medical a endance
2. The necessity for medical a endance • Ill-treatment of another by deed without causing any injury
So that although the wound required medical assistance for only two days; yet
if the injured party was prevented from a ending to his ordinary labor for a
period of 29 days, the physical injuries are denominated less serious. (U.S. vs. DEFORMITY
Trinidad, 4 Phil. 152) By deformity it means physical ugliness, permanent and de nite abnormality. It
must be conspicuous and visible.
The crime is less serious physical injuries even if there was no incapacity, but
the medical treatment was for 13 days. ILL TREATMENT
Any physical violence which does not produce injury, such as slapping the face
CASE: Her injury comes under the provisions of Ar cle 265, inasmuch as she of the o ended party, without causing a dishonor.
was treated for only 13 days, and there is no evidence that she was given
further medical a endance, gran ng that it took more than 13 days for the
fracture to heal. She was not incapacitated for the performance of the work in What kind of felony is physical injuries as to stage of execu on?
which she was habitually engaged. (People vs. Anastacio, C.A., 55 O.G. 5047) Consummated because the o ender is already held liable upon commission of
the acts enumerated in the provisions. In physical injuries, it cannot be
It is only slight physical injury when there is no medical a endance or determined whether the injury will be slight, less serious or serious unless
incapacity for labor. consummated. The e ects of his acts upon the vic m only in uences the kind
Physical injuries which do not prevent the o ended party from engaging in his of penalty to be imposed upon him.
habitual work or require medical a endance are classi ed as slight. (Art. 266,
par 2) this is true even if the injuries were cured, but without medical Dis nguish among serious, less serious, and slight physical injuries. (Refer to
a endance, say in 20 days. Degoma notes)

Q: But suppose the injuries, without medical a endance, were healed a er two Dis nguish physical injuries from a empted or frustrated homicide or murder.
months? • In both crimes, the o ender in icts physical injuries. A empted homicide
A: In this case, it may be considered illness for more than 30 days and, the may be commi ed, even if no physical injuries are in icted.
crime is serious physical injuries under paragraph 4, Ar cle 263 (People vs. De • While in the crime of physical injuries, the o ender has no intent to kill the
Castro, Supra) o ended party, in a empted or frustrated homicide, the o ender has an
intent to kill the o ended party.
“Or shall require medical a endance for the same period”
Q: does the phrase “shall require” refer to the nature of the wound or injury How is intent to kill determined?
in icted or to the actual medical a endance? Suppose, A in icted on B physical Intent is determined by the manner and loca on in the vic m’s body the injury
injuries which did not incapacitate the la er for labor. B did not apply any was in icted. The crime is murder when evident premedita on was established
medicine to his wounds, but they were healed in 14 days. Is A liable for less although the vic ms survives.
serious physical injuries?
Ar cle 266 — Ar cle 266-D (REFER TO REYES AND DEGOMA NOTES)
A: it will be noted that no medical a endance was given to B, although the
nature of the wounds required it. It is believed that the phrase “shall require”
refers to the actual medical a endance. There must be proof as to the period of
the required medical a endance. (People vs. Penesa, 81 Phil. 398)
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