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ARTICLE PERSONS QUALIFYING

CRIME ELEMENTS/ACTS PENALTY


CIRCUMSTANCE
262 MUTILATION Acts Punishable: ANY PERSON Mutilation - chopping or
1. Intentionally mutilating another Castration – Reclusion the clipping off of some
by depriving him, either totally or Temporal to Reclusion part of the body. The
partially, of some essential organ Perpetua putting out of an eye
for reproduction does not fall under this
definition.
Elements:
1 There be a castration, that is, Note: Mutilation MUST be
mutilation of organs necessary for Other - Prision Mayor med intentional. If not
generation, such as the penis or to max period intentional, only serious
ovarium. Under 12 v/o - physical injuries
2 The mutilation is caused and Reclusion Perpetua
purposely and deliberately, that is, Mayhem - any other
to deprive the offended party of intentional mutilation
some essential organ for
reproduction.

2. Intentionally making other


mutilation, that is, by lopping or
the clipping off of some part of the
body of the offended party, other
than the essential organ for
reproduction, to deprive him of
that part of his body
263 SERIOUS Any Person BY RELATIONSHIP (246); BY
PHYSICAL
INJURIES
Acts Punishable: Act 1 - Prision Mayor Note: There must be no
intent to kill.

1. Injured Act 2 - Prision


Correccional med to max
How are the physical
injuries committed?

person becomes
period 3 Wounding
4 Beating
5 Assaulting (art 263)
insane, imbecile, 6 Administering
injurious substance (art

impotent, or 264)
Impotent - inability to

blind Act 3 - Prision


copulate or sterility.
Under par 1, blindness
Correccional min to med must be of 2 eyes. Under
period par 2, loss of an eye only
2. Injured Loss of power to hear
must be both ears, if one

person becomes: ear only it's under par 3


Loss of use of hand or

a. Loses the use Act 4 - Arresto Mayor max


incapacity for usual work
under par 2 must be
period to Prision permanent.
of speech or the Correccional min period
Par 2 covers principal

power to hear or members of the bod, Par


3 covers any other

to
member which is not a
principal member.
Deformity - physical
smell or loses an ugliness, permanent and
definite abnormality.

eye, a hand, a Must be conspicuous and


visible.

foot, an arm, or a Note: If the scar is


usually covered by dress

leg or clothes, it would not


be conspicuous and
visible
The injury contemplated
by the Code is an injury
b. Loses the use that cannot be repaired
by the action of nature.

of any such Note: Loss of 1 tooth


which impaired

member appearance is deformity


Medical attendance is
NOT importance in
c. Becomes serious physical injuries.
The term work includes

incapacitated for studies or preparation for


a preparation.

the work in
For Par 2 and 3, injured
person must have a
vocation or work.
which he was For Par 4, refers to any
kind of work. Not

therefore necessarily engaged in a


vocation at the time of
injury
habitually Note: Lessening of
efficiency due to injury is

engaged not incapacity


Serious physical injuries
by excessive
chastisement by parents

3. When the not qualified

person injured:
a. Deformed
b. Loses any
other member of
his body
c. Loses the use
thereof
d. Becomes ill
or incapacitated
for the
performance of
the work in
which he was
habitually
engaged for
more
than 90 days
4. The injured
person becomes
ill or
incapacitated for
labor for
more than 30
days
Acts Punishable:
1. Injured person becomes insane,
imbecile, impotent, or blind.

2. Injured person becomes:


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.
b Loses the use of any such
member.
c Becomes incapacitated for
the work in which he was
therefore habitually engaged.
3. When the person injured:
a Deformed
b. Loses any other member of his
body.
c. Loses the use thereof.
d. Becomes ill or incapacitated for
the performance of the work in
which he was habitually engaged
for more than 90 days

4. The injured person becomes ill


or incapacitated for labor for more
than 30 days
264 ADMINISTERIN Elements: ANY PERSON Penalties under Art 263 Note: It is frustrated
G INJURIOUS 1. Offender inflicted upon another murder when there is
SUBSTANCE OR
any serious physical injury. Same sa serious physical intent to kill
BEVERAGES
2. It was done by knowingly injury If the accused did not
administering to him any injurious know of the iniurious
substances or beverages or by nature of the substances
taking advantage of his weakness he administered, he is
of mind or credulity. not liable under this
3. He had no intent to kill article
265 LESS SERIOUS ELEMENTS: Any person Insult-ARRESTO MAYOR + 50k Qualifying Circumstances:
PHYSICAL fine 1. There is a manifest to
INJURIES 1. Offended party is incapacitated for insult or offend the injured
labor for more than 10 days or more or Parents, Authority-prision person
needs medical attendance for the same correccional min to med period 2. Victim is the offender’s
period of time parents, ascendants,
2. The physical injuries must not be
those described in the preceding articles
Arresto Ma guardians, curators, or
teachers
3. Victim is persons of rank or

Insult -
persons in authority, provided
the crime is not direct assault

Note: Medical attendance or


incapacity is required in less
Arresto serious physical injuries. It
MUST be actual medical

Mayor
attendance. There must be
proof as to the period of the
required medical attendance.

+ 50k fine
Parents,
Authority -
Prision
Correccional
min to med
period
266 SLIGHT Acts Punishable: Any person Act 1 - Arrest Menor When there is no
PHYSICAL 1. Incapacitating the offended evidence of actual injury
INJURIES AND Art 2 -Arresto Meno
party for labor from 1-9 days or it is only slight physical
MALTREATMENT
required medical attendance OR 40k fine injuries
during the same period
2. Physical injuries which did not Act 3 - Arrest Menor min
prevent the offended party from period OR 5k fine Supervening event
engaging in his habitual work or converting the crime into
which did not require medical serious physical injuries
attendance after the filing of the
3. Ill-treatment of another deed w/o information for slight
physical injuries can still
causing any injury. be subject of a new
charge

Acts Punishable:
1. Incapacitating the offended party for labor from 1-9 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 deed w/o causing any injury
Acts Punishable:
1. Incapacitating the offended party for labor from 1-9 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 deed w/o causing any injury

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