ARTICLE 250.

PENALTY FOR FRUSTRATED PARRICIDE,

MURDER, OR HOMICIDE
Art. 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 library
The 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.

Frustrate
d

One degree lower than that which should be

imposed under the provisions of Article 50

Attempte
d

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 Such person shall
groups organized for the common be punished by p.
purpose of assaulting and attacking mayor
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.
When the person who inflicted the All those who have
serious physical injuries cannot be used violence upon
identified
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 ABORTION

ARTICLE 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 ABORTION
Art. 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 ABORTION

Art. 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 woman
2 That violence is intentionally exerted upon the pregnant
woman
3 That there is no intent to cause abortion
4 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 PARENTS
Art. 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 DUEL

Art. 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 INJURIES
What are the crimes of physical injuries?
1 Mutilation
2 Serious physical injuries
3 Administering injurious substance or beverages
4 Less serious physical injuries
5 Slight physical injuries and maltreatment.

ARTICLE 262. MUTILATION

Art. 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 INJURIES

Art. 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 engaged
3 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,

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
HOMICIDE

OR

FRUSTRATED

IN BOTH, the offender Attempted homicide may be

inflicts physical injuries. committed even without physical
injuries
Offender has no intent Offender has intent to kill the
to kill the offended offended party
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 INJURED
PERSON
BECOMES
INSANE,
1
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 INJURED PERSON LOSES USE OF SPEECH
2
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 INJURED PERSON BECOMES DEFORMED,
3
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 INJURED
PERSON
BECOMES
ILL
OR
4
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 INJURIES

Art. 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)