ARTICLE 250. PENALTY FOR FRUSTRATED PARRICIDE, MURDER, OR HOMICIDEArt. 250. Penalty for frustrated parricide, murder or homicide. — The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article 50.chanrobles virtual law libraryThe courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51 should be imposed for an attempt to commit any of such crimes.

Frustrated One degree lower than that which should be imposed under the provisions of Article 50

Attempted One degree lower than that which should be imposed under Article 51

The Court may reduce by one degree that which is imposed under Article 50 which provides the penalty lower by one degree than that prescribed by law for the consummated felony in case of frustrated felony. Thus, courts may impose a penalty two degrees lower for frustrated parricide, murder or homicide. This is permissive and not mandatory.

The Court may reduce by one degree that which is imposed under Article 51 which provides the penalty lower by two degrees than that prescribed by law for the consummated felony in case of attempted felony. Courts may impose a penalty three degrees lower for attempted parricide, murder or homicide.

An attempt on, or conspiracy against, the life of the Chief Executive, that of any member of his family, or against that of any member of his cabinet or of any member of the latter's family, is punishable by death. (P.D. No. 1110-A, effective 1977 March 29) The reason for this is that the prevailing circumstances require that he and the other persons mentioned be given ample protection against lawless elements who may attempt on or conspire against their lives, and to make it as a deterrent.

Article 251. Death caused in a tumultuous affray.Art. 251. Death caused in a tumultuous affray. — When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified, such person or persons shall be punished by prision mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision correccional in its medium and maximum

periods shall be imposed upon all those who shall have used violence upon the person of the victim.Act punished:

When several persons not composed of groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased,but the person who inflicted serious physical injuries can be identified.

Such person shall be punished by p. mayor

When the person who inflicted the serious physical injuries cannot be identified

All those who have used violence upon the victim shall be punished by p. correcional

In article 251, "several" means more than two people but not very many. In 153, 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 groups of men who assaulted each other, then there is no tumultuous affray. (People v. Corpus) When the aggressors helped one another to inflict upon the deceased the fatal blow and the quarrel was between two well-known groups of men, the crime committed is not death caused in a tumultuous affray but homicide since the accused were united in their common purpose to attack.

When there are two distinct groups in a fight between the Scouts and civilians, the crime committed is homicide.

Four accused fought against three other persons. One was mortally wounded but it did not appear who inflicted the wounds. There was confusion in the fight. The four accused did not help one another in attacking the injured person. The accused were guilty of death in a tumultuous affray, despite that there seem to be two groups because such is not the case since there was no unity of purpose and intention among the persons who used violence.

The persons killed in the course of the affray need not be a participant. If the one who inflicted the fatal would is known, the crime is not homicide in

tumultuous affray, but homicide under Article 249. The serious physical injuries inflicted by one of the participants should NOT be the cause of death of the deceased.

Who are liable for death in a tumultuous affray? The person who inflicted the serious physical injuries, if known

ALL persons who used violence upon the person of the victim, if the person who inflicted the serious physical injuries is NOT known.

Example of 2d paragraph of 251 (inflicter of injury not known) After a fight, one participant died the next day. No convincing

evidence was shown that it was the knife of X caused the 3 stab wounds of the deceased Y. All wounds sustained by Y were inflicted by protagonists not composing of groups. It was held that accused X was liable under Article 251, paragraph 2. (People v. Dacanay)

If the participant in the affray who inflicted the serious physical injuries is known, he alone is liable for death caused in a tumultuous affray. Those who used violence only, without inflicting injuries, may be held liable for the act(s) actually performed by them.

ARTICLE 252. PHYSICAL INJURIES IN A TUMULTUOUS AFFRAY.Art. 252. Physical injuries inflicted in a tumultuous affray. — When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days.

The crime punished - when in a tumultuous affray referred to in the preceding article, only serious or less serious injuries are inflicted upon the participants thereof and the person responsible therefor cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer criminal liability.

When a person is killed in the course of the affray and the one who inflicted serious physical injuries is known, Article 252 is NOT applicable to those who used violence, because Article 252 is applicable when only serious physical injuries or less serious physical injuries are inflicted, NOT death.

Unlike in Article 251, the injured in the crime of physical injuries inflicted in a tumultuous affray must be a participant in the affray.

Note that only those who used violence are punished, because if the one who caused the physical injuries is known, he will be liable for physical injuries actually committed under Articles 263, 265, and 266.

Are slight physical injuries included? No, it is believed that in providing the penalty of arrest mayor for less serious injuries in a tumultuous affray, the Legislature intended to exclude slight physical injuries in a tumultuous affray, which is punishable by public censure.

ARTICLE 253 - GIVING ASSISTANCE TO SUICIDE.

Art. 253. Giving assistance to suicide. — Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed.

Crime - any person who shall assist another to commit suicide, whether the suicide is consummated or not, or lends his assistance to another to the extent of doing the killing himself.

Article 253 does not distinguish and does not make any reference to the relation of the offender with the person committing the suicide, thus the same penalty applies.

A person who attempts to commit suicide is not criminally liable because society considers him as an unfortunate being, a wretched person more deserving of pity rather than of penalty.

A pregnant woman who tried to commit suicide by means of poison, instead of dying, expels the fetus in her womb is NOT liable for abortion since an attempt to commit suicide is an act NOT punishable under law. In order to incur criminal liability for the result not intended, one must be committing a crime. (Article 4, in relation to Article 3) A woman who tries to commit suicide is not committing a felony, therefore, she will not be liable for abortion for expelling the fetus instead of dying.

Article 253 contemplates the assisting of another to commit suicide. The attempt to commit suicide is not the act contemplated under Article253, thus the pregnant woman who suffers abortion due to the poison she took to commit suicide should not be held liable for the abortion that resulted. Furthermore, abortion is only punishable when it is intended or if unintended, abortion is caused by violence.

Assistance to suicide is different from mercy-killing because in the latter (euthanasia), the person killed does not want to die. A doctor who resorts to mercy-killing of his patient may be liable for murder.

Euthanasia is the practice of putting to death a person suffering from some incurable disease.

ARTICLE 254 - DISCHARGE OF FIREARMS

Art. 254. Discharge of firearms. — Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code.

How committed? By any person who shall shoot another with any firearm, unless the facts or the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide, or any other crime

for which a higher penalty than p. correcional is prescribed by any of the articles of this Code.

Elements: the offender discharges a firearm against or at another person, but the offender has no intention to kill that person.

The act constituting the offense is the shooting at another with any firearm, without the intent to kill him. If the firearm is not discharged at a person, there is no crime of discharge of firearm.

The mere assertion of the offended party that the shot was directed at the place in his house where he was, is not sufficient proof that the shot was directed at him. It must be positively proven that the discharge of the firearm was directed precisely against the offended party. (People v. Cupin)

Firing a gun against the house of the offended at random, not knowing in what part of the house the people inside were, is only alarm under article 155 because they were intended to cause alarm in the place where the shots were fired, producing danger to the persons in the house.

Intent to kill is negatived by the distance of 200 yards between offender and victim, thus the intent was merely to frighten away the offended party and the crime is only discharge of firearm. (People v. Agbuya) But where the accused fired successive shots at the offended party and where he had already killed a cousin of the offended party, there is intent to kill and the crime committed is attempted homicide. (People v. Kalalo)

If in the illegal discharge of firearm the offended party is hit and wounded, there is a complex crime of discharge of firearm with physical injuries when the physical injuries are serious or less serious. (US v. Marasigan) Note when only slight physical injuries are inflicted, there is no complex crime as such physical injuries only constitutes a light felony.

The crime is discharge of firearm, even if the gun was not pointed at the offended party when it was fired, provided that it is initially aimed at or against the offended party. (People v. Ramirez, US v. Kosel, US v. Sabio) But a public officer who fired his revolver in the air in order to capture some gamblers and to prevent them from escaping, was acquitted as he was not guilty of any crime. (US v. Samonte)

SECTION TWO - INFANTICIDE AND ABORTIONARTICLE 255. INFANTICIDE

Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor.

Committed by any person who shall kill a child less than three days (72 hours) of age, or by the mother of the child for the purpose of concealing her dishonor, or by the maternal grandparents or either of them for the same purpose.

Infanticide - the killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or stranger.

If the parents or grandparents kills the child, the penalty is the same as that of parricide. If the offender is a stranger, the penalty is the same as that of murder.

Concealing dishonor is not an element of infanticide but is merely a mitigating circumstance if the offender is the mother or the maternal grandparents of the child.

The reason for mitigation - the mother, without time to reflect, excited and obfuscated solely by the fear of her dishonor being made public, she desires to erase he traces of her mistake within that same day.

The delinquent mother must be of good reputation and good morals in order that concealing dishonor may mitigate her liability. Thus, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal.

Stranger cooperating with the mother in killing a child less than three days old is guilty of infanticide also but the penalty is that for murder.

No crime of infanticide is committed where the child was born dead, or although born alive, it could not sustain an independent life when it was killed.

ARTICLE 256. INTENTIONAL ABORTIONArt. 256. Intentional abortion. — Any person who shall intentionally cause an abortion shall suffer:1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.

Committed by any person who shall intentionally cause an abortion if he shall use any violence upon the person of the pregnant woman, or if without using violence, he shall act with or without the consent of the woman.

Abortion - intentional killing of the fetus in the uterus, or the violent expulsion of the fetus from the maternal womb which results in the death of the fetus.

Fetus must die in consummated abortion. If the fetus survives and the abortion is intended, it is frustrated abortion when all acts of the execution has been performed by the offender. If the abortion is not intended and the

fetus does not die, the crime may only be physical injuries, not frustrated abortion since intent is lacking.

Ways of committing abortion: By using any violence upon the person of the pregnant woman By acting, without using violence and without the consent of the

woman (by administering drugs or beverages upon such pregnant woman without her consent)

By acting, with the consent of the pregnant woman (by administering drugs or beverages)

Elements: There is a pregnant woman That abortion is intended Violence is exerted, or drugs or beverages administered, or that the

accused otherwise acts upon such pregnant woman That as a result the fetus dies in the womb or after having been

expelled therefrom Difference between abortion and infanticide. Abortion if the child cannot

sustain an independent life outside the maternal womb. Infanticide if the fetus can sustain an independent life after separation from the womb and it is killed. (People v. Detablan)

Person who intentionally caused the abortion is liable under Article 256. If the mother has consented to the abortion, she is liable under Article 258. Otherwise, if she did not consent, she is not liable.

ARTICLE 257. UNINTENTIONAL ABORTIONArt. 257. Unintentional abortion. — The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.Elements:

1. That there is a pregnant woman2. That violence is intentionally exerted upon the pregnant woman3. That there is no intent to cause abortion4. That as a result of the intentional violence, the fetus dies in the womb

or after having been expelled therefrom Unintentional abortion is committed only by violence. Thus, where a man

points a gun at the pregnant woman and tells her that he will kill her, and because of the fright the woman absorbs, she suffers an abortion, the offender is guilty of threats only.

A truck driver bumped a calesa from behind causing the horse drawing it to stumble. The cochero and the passengers were thrown from their seats and one of the passengers who was pregnant bumped her abdomen against the front wallof the calesa and as a consequence, she lost consciousness. On the evening of the accident, blood came out of her vagina and the physician diagnosed her with "threatened abortion." three days after, she suffered

abortion. The truck driver was declared guilty of the crime of unintentional abortion through reckless imprudence.

Is the accused liable for abortion even if he did not know that the woman was pregnant?

Even though it was not the criminal intent of X to cause the abortion, the fact that he maltreated W, presumably not knowing that she was pregnant, as author of the abuse which caused the miscarriage, X is liable for the maltreatment and for the consequences thereof, i.e. the abortion. (US v. Jeffrey) However, considering that W was only 2 months pregnant and that her condition was not noticeable, in the absence of definitive proof that X knew of the pregnancy, the SC held that there was no abortion since there was no intent and no knowledge of the pregnancy. (People v. Carnaso)

There is a complex crime of homicide with unintentional abortion when A struck a pregnant woman, causing her to fall, and when she got up, A hit her again causing her to suffer hemorrhage and causing the premature delivery of the twin babies, the other not having been born because the woman died.

Mere boxing on the stomach, taken together with the strangling of the victim in a fight, is not sufficient proof to show an intent to cause abortion. Appellant should be held liable for the complex crime of parricide with unintentional abortion. (People v. Salunfrania)

A husband who with violence kills his pregnant wife, thus occasioning the death of the fetus, is guilty of parricide with unintentional abortion.

No intent to cause abortion and no violence = no abortion of any kind.

ARTICLE 258 - ABORTION PRACTICED BY THE WOMAN HERSELF OR HER PARENTSArt. 258. Abortion practiced by the woman herself of by her parents. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods.

Who commits the crime? Any woman who shall practice an abortion upon herself or shall

consent that any person should do so. Any woman who shall commit this offense to conceal her dishonor. The parents of the pregnant woman or either of them, with the

consent of the woman for purpose of concealing her dishonor.

Elements: That there is a pregnant woman who has suffered an abortion That abortion is intended That the abortion is caused by:

the pregnant woman herself, any other person with her consent, or any of her parents with her consent for the purpose of

concealing her dishonor. Article 258 covers three cases:

Abortion by the woman herself or by any other person with her consent

Abortion by the woman upon herself to conceal her dishonor Abortion by any of the parents of the woman with the latter's consent

to conceal her dishonor. If the purpose of the parents of the woman was not to conceal her dishonor,

then it falls under Article 256. Liability of the pregnant woman is mitigated if the purpose is to conceal

dishonor. No mitigation for parents of pregnant woman even if the purpose is to conceal dishonor, unlike in infanticide.

ARTICLE 259 - ABORTION PRACTICED BY A PHYSICIAN OR A MIDWIFE AND DISPENSING OF ABORTIVES

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. — The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.

Who commits this crime? Any physician or midwife who, taking advantage of their scientific

knowledge or skill, shall cause an abortion or assist in causing the same,

Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive.

Elements: That there is a pregnant woman who has suffered an abortion That the abortion was intended That the offender, who must be a physician or midwife, causes or

assists in causing the abortion That said physician or midwife takes advantage of his or her scientific

knowledge or skill As to pharmacists, the elements are:

That the offender is a pharmacist That there is no proper prescription from a physician That the offender dispenses any abortive

The penalty for intentional abortion is imposed in its maximum period upon the physician or midwife because they incur a heavier guilt in making use of their knowledge for the destruction of human life, where it should be used only for its preservation.

It is NOT necessary that the pharmacist knows that the abortive would be used to cause an abortion. What is punished is the dispensing of the abortive without the proper prescription from a physician. If he knew that the abortive would be used to cause an abortion and an abortion resulted from the use thereof, the pharmacist would be an accomplice to the crime of abortion.

The act constituting the offense is dispensing without the proper prescription from a physician. It is not necessary that the abortive be actually used.

RA4729 regulates the sale, dispensation, and or distribution of contraceptive drugs and devices.

SECTION THREE - DUEL.ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL

Art. 260. Responsibility of participants in a duel. — The penalty of reclusion temporal shall be imposed upon any person who shall kill his adversary in a duel.If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature.In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted.The seconds shall in all events be punished as accomplices.

Duel - 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 conditions of the fight.

Acts punished in duel By killing one's adversary in a duel By inflicting upon such adversary physical injuries By making a combat although no physical injuries have been inflicted

Who are liable? The person who killed or inflicted physical injuries upon his adversary,

or both combatants in any other case, as principals The seconds, as accomplices

If death results, penalty is the same for homicide (reclusion temporal). General principle is: when there is intent to kill, the inflicting of physical

injuries is either attempted or frustrated homicide. The penalty for duel, when X kills his adversary is the same as that for homicide because intent to kill is conclusively presumed when death results.

When there is an agreement to fight to death, there is intent to kill on the part of the combatants. The code disregards the intent to kill in considering the penalty for duel when only physical injuries are inflicted upon the adversary.

ARTICLE 261. CHALLENGING TO A DUELArt. 261. Challenging to a duel. — The penalty of prision correccional in its minimum period shall be imposed upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel. Who commits this crime? Any person who shall challenge another, or incite

another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel.

Acts punished: By challenging another to a duel By inciting another to give or accept a challenge to a duel By scoffing at or decrying another publicly for having refused to accept

a challenge to fight a duel A challenge to fight, without contemplating a duel, is not challenging to 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.

When the accused challenged the offended to a duel, inciting the latter to accept said challenge by utterances, the offended refused to come down and accept the challenge. Later, when the accused saw the offended party running toward a nearby house, the former ran after the latter, but desisted upon seeing the offended party had a companion. The crime is only light threats under Article 285, par. 2. (People v. Tacomoy)

Persons liable under this article - the challenger and instigators. CHAPTER TWO. PHYSICAL INJURIESWhat are the crimes of physical injuries?

1. Mutilation2. Serious physical injuries3. Administering injurious substance or beverages4. Less serious physical injuries5. Slight physical injuries and maltreatment.

ARTICLE 262. MUTILATIONArt. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction.

Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.

Who commits this crime? Any person who shall intentionally mutilate another by depriving him, either totally or partially, of some essential organ for reproduction.

There is no mutilation when a robber stabbed a woman in the eye resulting to the loss of the eye. (US v. Bogel)

Mutilation - lopping or clipping off some part of the body Two kinds of mutilation:

By intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction

Elements: That there be castration, that is, mutilation of organs necessary

for generation, such as the penis or ovarium. That the mutilation is caused purposely and deliberately, that is,

to deprive the offended party of some essential organ for reproduction.

By intentionally making other mutilation, that is, by lopping or clipping off any part of the offended party, other than the essential organ for reproduction, to deprive him of the part of his body

Mutilation of the first kind is castration which must be made purposely, thus, if by reason of an injury or attack, a person is deprived of the organs of generation, the act, although voluntary, not being intentional to that end, it would not come under the provisions of this article, but under Article 413, No.2.

If the mutilation involves a part of the body other than a reproductive organ, with a deliberate purpose of depriving him of that part of the body, it is other intentional mutilation under Article 262, par.2.

When the victim is under 12 years old, the penalty for Article 262, par.2 shall be reclusion perpetua.

If a mutilation is not caused purposely and deliberately so as to deprive the offended party of a particular part of his body, the crime is physical injuries under Article 263, par.1 or 2, as the case may be.

ARTICLE 263. SERIOUS PHYSICAL INJURIESArt. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell,

or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged;3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall 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 more than ninety days;4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods.The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.

Who commits this crime? Any person who shall wound, beat, or assault another.

How is the crime of serious physical injuries committed? Wounding, Beating, Assaulting (Art. 263), or Administering injurious substance (Art. 264).

When the accused drew the offended party's bolo from its scabbard while conversing and the offended party caught hold of the edge of the blade of the bolo and wounded himself, there is no serious physical injuries committed as the accused did not wound, beat, or assault the offended party. (US v. Villanueva)

The crime may be committed by reckless imprudence, or by simple imprudence under Article 365, in relation to Article 263, when due to lack of precaution he wounded another.

What are serious physical injuries?When, in consequence of the physical injuries inflicted:

1. The injured becomes insane, imbecile, impotent or blind

2. The injured Loses the use of speech or the power to hear or to smell, or loses

an eye, hand, foot, arm, or leg, Loses the use of any such member, or Becomes incapacitated for the work in which he was therefore

habitually engaged3. The injured

Becomes deformed Loses any other member of his body, or Becomes ill or incapacitated for the performance of the work in

which he was habitually engaged for more than 90 days,4. The injured becomes ill or incapacitated for labor for more than 30

days (but must not be more than 90 days) Classes of serious physical injuries is divided with specifications of (1) the

consequences of the injuries inflicted, (2) the nature and character of the wound inflicted, and (3) he proper penalty.

Difference between frustrated or attempted murder, parricide or homicide from Serious Physical Injuries:

PHYSICAL INJURIES ATTEMPTED OR FRUSTRATED HOMICIDE

IN BOTH, the offender inflicts physical injuries.

Attempted homicide may be committed even without physical injuries

Offender has no intent to kill the offended party

Offender has intent to kill the offended party

There must be no intent to kill. If there was, the crime would be frustrated or attempted murder, parricide, or homicide, as the case may be.

Paragraph 1 INJURED PERSON BECOMES INSANE, IMBECILE, IMPOTENT OR BLIND

Impotent means inability to copulate, synonymous to "sterility"

The effect is the same: the loss of the power to procreate, the term should include inability to copulate or sterility.

Penalty when the victim of serious physical injuries under par 1 is under 12 years of age, offender shall suffer r. perpetua.

Under par.1, blindness must be of two eyes. The blindness must be complete. Mere weakness of vision is not contemplated.

Paragraph 2 INJURED PERSON LOSES USE OF SPEECH OR POWER TO

HEAR OR SMELL OR LOSES AN EYE, HAND, FOOT, ARM, LEG, OR LOSES USE OF ANY SUCH MEMBER OR BECOMES INCAPACITATED FOR WORK IN WHICH HE WAS HABITUALLY ENGAGED

Loss of power to hear must be of both ears. If there is loss of power to hear of only one ear, it is serious physical injuries under paragraph 3. (People v. Hernandez)

Loss of the use of hand or incapacity for usual work must be permanent. Even if the offended cannot use his hand during the trial, it does not necessarily follow that he has forever lost the use thereof. The prosecution must prove by clear and convincing evidence that the offended party actually cannot make use of his hand and that such impairment is permanent. (People v. Reli)

All those mentioned in paragraph 2 are principal members of the body.

Paragraph 3 INJURED PERSON BECOMES DEFORMED, OR LOESES ANY OTHER MEMBER F THE BODY, OR THE USE THEREOF, OR BECOMES ILL OR INCAPACITATED FOR THE PERFORMANCE OF THE WORK IN WHICH HE WAS HABITUALLY ENGAGED FOR MORE THAN 90 DAYS

Paragraph 3 covers any member of the body which is not principal, meaning any member other than the eye, hand, foot, leg, arm. (People v. Balubar)

The fingers of the hand are not principal members. However, if it is alleged that the loss of the use of the fingers resulted in the loss of the use of the hand, then it falls under paragraph 2. (US v. Punsalan)

Deformity means (1) physical ugliness, (2) permanent and definite abnormality, and (3) conspicuous and visible.

If the scar is usually covered by the dress or clothes, it would not be conspicuous and visible.

An example of deformity under paragraph 3 is a scar produced by an injury on the upper part of the neck.

Supreme Court of Spain: loss of one incisor is NOT deformity, but loss of three incisors IS. But, in

People v. Lagrosas, OUR Supreme Court ruled that loss of one tooth which impaired appearance is deformity.

The injury contemplated by the Code is an injury that cannot be repaired by the action of nature. The fact that the offended party may have the necessary means and so desires artificial teeth does not repair the injury, although it may lessen the disfigurement. (People v. Balubar)

Loss of both ears constitute deformity and also loss of the power to hear. (US v. Manaul)

The loss of the outer ears will necessarily cause deformity, if there is loss of power to hear of both ears as a result of the loss of both outer ears, the crime should be punished under paragraph 2.

Loss of the lobule of the ear is deformity. (US v. Solis)

Loss of index and middle finger is either deformity or loss of member, not principal one, of his body or use of the same. (US v. Bugarin)

Loss of power to hear of right ear only is loss of use of other part of body. (People v. Hernandez)

Illness as a consequence of physical injuris inflicted means that there is illness for a certain period of time when the wound inflicted did not heal within that period. (People v. Penesa)

In a case, months after the offense occurred, the injury has not entirely cured. This Is illness for more than 30 days which falls under paragraph 4 of Article 262. (People v. De Castro)

It would seem that if the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting for more then 30 days because of the fact that the medical attendance for that period of time shows that the injuries were not cured for that length of time.

Medical attendance is not important. What is important is that there is illness or incapacity for labor. (People v. Obia)

In both paragraph 2 and 3, the offended party must have an avocation or work at the time of the injury which includes studies or preparation for a profession.

Incapacity for a certain kind of work only, but not for all, is a serious physical injury under paragraph 2 and 3.

Incapacity must show that the physical injury has rendered the offended incapable of working in the fields which was the occupation in which at the time he had been habitually engaged. (US v. Bugarin)

When the injured did not recover so as to be able to attend to his ordinary avocation for a period of a little more than 30 days, the case falls under Article 263, par. 4. (US v. Sy Vinco)

Paragraph 4 INJURED PERSON BECOMES ILL OR INCAPACITATED FOR LABOR FOR MORE THAN 30 DAYS

Paragraph 4 does not refer to labor in which the offended party is engaged at the time the serious physical injuries are inflicted. Hence, the incapacity is for any kind of labor.

Injury requiring hospitalization for more than 30 days is serious physical injuries. Hospitalization for more than 30 days may mean either illness or incapacity for labor for more than 30 days.

When the category of the offense of serious physical injuries depends on the period of illness or incapacity for labor, there must be evidence of the length of that period; otherwise, the offense is only slight physical injuries. (People v. Codilla) When proof of the said period is absent, the crime committed should be deemed only as slight physical injuries.(People v. De Los Santos)

There is no incapacity if the injured could still engage in his work although less effectively than before. (US v. Bugarin)

If the offense is committed against any of the persons enumerated in the article defining the crime of parricide, or with attendance of any of the circumstances mentioned in the article defining the crime of murder, the law provides higher penalties. (Article 263, paragraph next to the last)

Serious physical injuries by excessive chastisement by parents are not qualified.

In mutilation, there must be purpose and deliberate intent to lop or clip off some part of the body to derive the offended party of such part of the body; this intent is not present in the other kinds of physical injury.

ARTICLE 264. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES

Art. 264. Administering injurious substances or beverages. — The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. Committed by any person who without intent to kill shall inflict upon another

nay serious physical injury, by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity.

If the offender has intent to kill, the crime would be frustrated murder, the injurious substance to be considered as poison.

If the accused did not know of the injurious nature of the substances he administered, he is not liable under this article.

Administering injurious substance means introducing into the body the substance. (US v. Chiong Songco)

Article 264 does not apply when the physical injuries that result are less serious or slight.

"By taking advantage of his weakness of mind or credulity" may take place in the case of witchcraft, philters, magnetism, etc.

ARTICLE 265. LESS SERIOUS PHYSICAL INJURIESArt. 265. Less serious physical injuries. — Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and

medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person.

Matters to be noted in the crime of less serious injuries: That the offended party is incapacitated for labor for ten days or

more(but not more than 30 days), or needs medical attendance for the same period of time

That the physical injuries must NOT be those described in the preceding articles

Thus, if the incapacity is for more than 30 days, it is serious physical injuries, paragraph 4.

Qualified less serious physical injuries when There is manifest intent to insult or offend the injured person or there

are circumstances adding ignominy to the offense The victim is the offender's parents, ascendants, guardians, curators or

teachers OR are persons of rank or persons in authority, provided the crime is not direct assault.

Medical attendance or incapacity is required in less serious physical injuries. The law requires inability for work and the necessity for medical attendance. So that although the wound required medical attendance for only 2 days; yet if the injured was prevented from attending to his ordinary labor for a period of 29 days, the physical injuries are less serious. (US v. Trinidad)

The crime is less serious physical injuries even if there was no incapacity but the medical treatment was for 13 days. (People v. Anastacio)

It is only slight physical injuries when there is no medical attendance or incapacity for labor. But suppose that the injuries, without medical attendance, were healed after two months, it can be considered as illness for more than 30 days, hence the crime is serious physical injuries under Article 263, par.4.

It is believed that the phrase "shall require" refers to actual medical attendance. There must be proof as to the period of the required medical attendance. (People v. Penesa)