PHYSICAL INJURIES

MUTILATION ART. 262

Mutilation It is the lopping or the clipping off of some parts of the body which are not susceptible to
growth again.

Kinds of mutilation
1. Intentionally mutilating another by depriving him, either totally or partially, of some essential
organ for reproduction.

Elements:
a) There must be a castration, that is, mutilation of organs necessary for generation, such as the
penis or ovarium
b) The mutilation is caused purposely and deliberately, that is, to deprive the offended party of
some essential organ for reproduction

NOTE: Intentionally depriving the victim of the reproductive organ does not mean necessarily involve
the cutting off of the organ or any part thereof. It suffices that it is rendered useless.

2. Intentionally making other mutilation, that is, by lopping or clipping off of 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.

NOTE: In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be
considered as mutilation of the second kind (mayhem).

Intention in mutilation
Mutilation must always be intentional. Thus, it cannot be committed through criminal negligence.

NOTE: There must be no intent to kill otherwise the offense is attempted or frustrated homicide or
murder as the case may be.

Q: Suppose there is no intent to deprive the victim of the particular part of the body, what is the crime
committed?
A: The crime is only serious physical injury.

NOTE: Cruelty, as understood in Art. 14 (21) is inherent in mutilation and in fact, that is the only felony,
where said circumstance is an integral part and is absorbed therein. If the victim dies, the crime is
murder qualified by cruelty but the offender may still claim and prove that he had no intention to
commit so grave a wrong.

SERIOUS PHYSICAL INJURIES ART. 263

How the crime of serious physical injuries is committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substance
Instances considered as the crime of serious physical injuries

1. When the injured person becomes insane, imbecile, impotent, or blind in consequence of the
physical injuries inflicted.

NOTE: Impotence includes inability to copulate and sterility.

Blindness requires loss of vision of both eyes. Mere weakness in vision is not contemplated.

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 he was therefore habitually engaged in
consequence of the physical injuries inflicted.

NOTE: Loss of hearing must involve both ears. Otherwise, it will be considered as serious
physical injuries under par. 3. Loss of the power to hear in the right ear is merely considered
as merely loss of use of some other part of the body.

3. When the injured:

a. Becomes deformed;
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 m90 days, in consequence of the physical injuries inflicted.

NOTE: In par. 2 and 3, the offended party must have a vocation or work at the time of injury.

4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must
not be more than 90 days), as a result of the physical injuries inflicted.

NOTE: When the category of the offense of serious physical injuries depends on the period of
the illness or incapacity for labor, there must be evidence of the length of that period.
Otherwise, the offense will be considered as slight physical injuries.

Nature of physical injuries

The crime of physical injuries is a formal crime because it is penalized on the basis of the gravity of the
injury sustained. What is punished is the consequence and not the stage of execution. Hence, it is always
consummated. It cannot be committed in the attempted and frustrated stage.

Q: If the offender repeatedly uttered “I will kill you” but he only keeps on boxing the offended party and
injuries resulted, what is the crime committed?
A: The crime is only physical injuries not attempted or frustrated homicide.

Determining intent to kill

Intent to kill must be manifested by overt acts. It cannot be manifested by oral threats.
Requisites of deformity
1. Physical ugliness
2. Permanent and definite abnormality
3. Conspicuous and visible

NOTE: Once physical injuries resulted to deformity, it is classified as serious physical injuries.

Q: X threw acid on the face of Y and were it not for the timely medical attention, a deformity would
have been produced on the face of Y. After the plastic surgery, Y became more handsome than before
the injury. What crime was committed? In what stage was it committed?
A: The crime is serious physical injuries because the problem itself states that the injury would have
produced a deformity. The fact that the plastic surgery removed the deformity is immaterial because
what is considered is not the artificial treatment but the natural healing process.

Qualifying circumstances of serious physical injuries

1. If it is committed by any of the persons referred to in the crime of parricide.
2. If any of the circumstances qualifying murder attended its commission.

Illustration: A father who inflicts serious physical injuries upon his son will be liable for qualified
serious physical injuries.

NOTE: The qualified penalties are not applicable to parents who inflict serious physical injuries upon
their children by excessive chastisement.

Physical injuries v. mutilation

Mutilation must have been caused purposely and deliberately to lop or clip off some part of the body so
as to deprive the offended party of such part of the body. This intention is absent in other kinds of
physical injuries.

PHYSICAL INJURIES MUTILATION

No special intention to clip off some part of the There is special intention to clip off some part of
body so as to deprive the offended party of such the body so as to deprive him of such part
part.

Physical injuries v. attempted or frustrated homicide

PHYSICAL INJURIES ATTEMPTED OR FRUSTRATED HOMICIDE

The offender inflicts physical injuries. Attempted homicide may be committed even if
no physical injuries are inflicted.
Offender has no intention to kill the offended The offender has intent to kill the offended party.
party.

ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES ART.264

Elements
1. The offender inflicted serious physical injuries upon another.
 2. It was done by knowingly administering to him any injurious substances or beverages or by
taking advantage of his weakness of mind or credulity.

NOTE: To administer an injurious substance or beverage means to direct or cause said substance
or beverage to be taken orally by the injured person, who suffered serious physical injuries as a
result.
3. He had no intent to kill.

LESS SERIOUS PHYSICAL INJURIES ART. 265

Elements
1. Offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or
shall require medical attendance for the same period of time.

NOTE: The disjunctive “or” above means that it is either incapacity for work for 10 days or more or the
necessity of medical attendance for an equal period which will make the crime of less serious physical
injuries.

In the absence of proof as to the period of the offended party’s incapacity for labor or required medical
attendance, the offense committed is only slight physical injuries. The phrase “shall require” refers to
the period of actual medical attendance.

2. Physical injuries must not be those described in the preceding articles.

NOTE: Although the wound required medical attendance for only 2 days, yet the injured was prevented
from attending to his ordinary labor for a period of twenty-nine days, the physical injuries are
denominated as less serious (US v. Trinidad, 4 Phil. 152)

Qualifying circumstances of less serious physical injuries

1. When there is manifest intent to insult or offend the injured person

2. When there are circumstances adding ignominy to the offense
3. When the victim is the offender’s parents, ascendants, guardians, curators, or teachers.
4. When the victim is a person of rank or person in authority, provided the crime is not direct
assault.

NOTE: A fine not exceeding P500, in addition to arresto mayor shall be imposed for less serious
physical injuries in case (1) and (2) above; while a higher penalty is imposed when the victim are
those mentioned in (3) and (4).

Serious physical injury v. less serious physical injury

BASIS
As to capacity of injured party
SERIOUS PHYSICAL INJURIES
The injured person becomes ill
or incapacitated for labor for
more than 30 days but not
more than 90 days.
LESS SIRIOUS PHYSICAL
INJURIES
The offended party is
incapacitated for labor for 10
days or more but not more than
30 days, or needs medical
attendance for the same period.
Importance of Medical Medical attendance is not There must be a proof to the
Assistance important in serious physical period of the required medical
injuries. attendance.