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CRIME

Art. 262. Mutilation

Art. 263. Serious physical


injuries

ELEMENTS
1.
By
intentionally
mutilating
another
by
depriving him,
either totally or partially, of
some essential organ for
reproduction
a. That there be castration
(mutilation of organs
necessary for generation
such as a penis or ovarium)
b. That the mutilation is
caused
purposely
or
deliberately,
that is, to deprive the
offended party of some
essential
organ for reproduction
2. By intentionally making
other mutilation, that is, by
lopping or clipping off any
part of the body of the
offended party, other than
the essential organ for
reproduction, to deprive
him of that part of his body.
Serious Physical Injuries:
1. When the injured person
becomes insane, imbecile,
impotent or blind in
consequence of the

PENALTY
RT to RP essential organ
for reproduction
PM medium and maximum

other mutilation

PM under no. 1
PC medium and maximum

under no. 2
PC minimum and medium

NOTES
1. Mutilation of the first
kind is castration which
must be made purposely.
2. The penalty shall be one
degree higher than that
imposed by law when the
victim is under 12 years of
age.
3. The offender must have
the intention to deprive the
offended party of a part of
his body.
4. Mutilation lopping or
clipping off of some part of
the body
5. Mayhem other
intentional mutilation

1. Committed by wounding,
beating, assaulting or
administering injurious
substance
2. May be committed by

physical injuries inflicted.


2. When the injured person
(a) loses the use of speech
or the
power to hear or to smell,
or loses an eye, a hand, a
foot,
an arm, or a leg, or (b)
loses the use of any such
member,
or (c) becomes
incapacitated for the work
in which we were
theretofore habitually
engaged, in consequence
of the physical injuries
inflicted.
3. When the person injured
(a) becomes deformed, or
(b) loses any other member
of his body, or (c) loses the
use thereof, or (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 physical injuries
inflicted.
4. When the injured person
becomes ill or

under
no. 3
A Mayor maximum to PC
minimum under no. 4

reckless imprudence, or by
simple imprudence or
negligence.
3. There must not be intent
to kill
4. Blindness (Must be
Complete) and Loss of an
Eye
a. Paragraph 1 must be
both eyes
b. Paragraph 2 one eye
only
5. Loss of Power to Hear
a. Paragraph 2 both ears
b. Paragraph 3 one ear
only
6. Loss of hand or
incapacity of usual work
must be permanent
7. Paragraph 2 refers to
principal members of the
body, while Paragraph 3
covers any other
member which is not
principal member of body
8. Deformity requires (a)
physical ugliness, (b)
permanent and definite
abnormality, and (c)
conspicuous and visible.
9. Deformity by loss of

incapacitated for
labor for more than 30
days (but must not be
more than 90 days), as a
result of the physical
injuries inflicted.
Classes of Serious physical
injuries: (a) consequences
of the
injuries inflicted, (b) nature
and character of the wound
inflicted, and (c) the proper
penalty
Physical Injuries
Distinguished from
Attempted or
Frustrated Homicide:

a. In both, the offender


inflicts physical injuries,
however
homicide may be
committed, even if no
physical
injuries are inflicted
b. There is no intent to kill
in physical injuries

teeth refers to injury which


cannot be repaired by
action of nature
10. There is illness for a
certain period of time,
when the wound inflicted
did not heal within that
period
11. Medical attendance is
not important in serious
physical injuries
12. In Par 2 and 3, offended
party must have an
avocation or work at the
time of the injury
13. Par 4 speaks of
incapacity for any kind of
labor
14. Where 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
15. Lessening of efficiency
is not incapacity

Art. 264. Administering


injurious substances or
beverages

Art. 265. Less serious


physical injuries

Ordinary Physical
Injuries Distinguished
from
Mutilation:
1. Mutilation must have
been caused purposely and
deliberately
2. Physical Injuries this
intention is not present
1. That the offender
inflicted upon another any
serious physical injury
2. That it was done by
knowingly administering to
him any injurious
substance or beverages or
by taking advantage of his
weakness of mine or
credulity
3. That he had no intent to
kill

Qualified Less Serious


Physical Injuries
1. Paragraph 2:
a. there is manifest intent
to insult or offend the
injured person
b. there are circumstances
adding ignominy to the

16. Serious physical


injuries by excessive
chastisement by parents is
not qualified.

Penalties established by
the next
preceding article

Fine not exceeding P500 in


addition to A
Mayor 2nd paragraph
PC in minimum and
medium
paragraph 3

1. Knowingly administering
is an essential element
2. Administering injurious
substance means
introducing into the body
the substance
3. This article does not
apply when the physical
injuries that result are less
serious or slight
4. Taking advantage of
weakness or credulity may
take place in case of
witchcraft, philters,
magnetism, etc.
1. Matters to Note:
a. That the offended party
is incapacitated for labor
for 10 days or more (but
not more than 30), or
needs medical attendance
for same period of time
b. That the physical injuries

offense
2. Paragraph 3:
a. the offenders parents,
ascendants, guardians,
curators or teachers
b. persons of rank or
persons in authority,
provided the crime is not
direct assault

Art. 266. Slight physical


injuries and
maltreatment

Kinds of Slight Physical


Injuries:
1. Physical injuries which
incapacitated the offended
party for labor from 1 to 9
days, or required medical
attendance
during the same period
2. Physical injuries which
did not prevent the
offended party
from engaging in his
habitual work or which did
not require medical
attendance
3. Ill-treatment of another
by deed without causing
any injury

A Menor par 1
A Menor or fine not
exceeding
P200 par 2
A Menor minimum or fine
not exceeding P50 - par 3

must not be those


described in the preceding
articles
2. Medical attendance or
incapacity is required
3. It is only slight physical
injury when there is no
medical attendance or
incapacity for labor
4. Actual medical
attendance is required
1. When there is no
evidence of actual injury, it
is only slight physical
injuries
2. Example of paragraph 3
is slapping the face of
offended party

Additional Notes
Classification of physical injuries:
(1) Between less serious physical injuries and serious physical injuries, you do not consider the period of medical treatment. You only consider the
period when the offended party is rendered incapacitated for labor.
(2) When the injury created a deformity upon the offended party, you disregard the healing duration or the period of medical treatment involved. At
once, it is considered serious physical injuries.
(3) Deformity requires the concurrence of the following conditions:
(a) The injury must produce ugliness;
(b) It must be visible;
(c) The ugliness will not disappear through natural healing process.
Illustration:
(1) Loss of molar tooth This is not deformity as it is not visible.
(2) Loss of permanent front tooth This is deformity as it is visible and permanent.
(3) Loss of milk front tooth This is not deformity as it is visible but will be naturally replaced.
Serious physical injuries is punished with higher penalties in the following cases:
(1) If it is committed against any of the persons referred to in the crime of parricide under Article
246;
(2) If any of the circumstances qualifying murder attended its commission.
See Special Law: RA 8049 (The Anti-Hazing Law)
See Special Law: RA 9745 (The Anti-Torture Law)