Art. 262. Mutilation.

 
 Mutilation
It is the chopping 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, which is mutilation of organs necessary
for generation, such as the penis or ovarium; and
b. The mutilation is caused purposely and deliberately, which is to
deprive the offended party of some essential organ for reproduction.

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

In the first kind of mutilation, the castration must be made

purposely. Otherwise, it will be considered as mutilation of the
second kind.
Intention in mutilation
Mutilation must always be intentional. Thus, it cannot be
committed through criminal negligence. 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
A: The crime is only serious physical injury.
Art. 263. Serious
physical injuries.
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.
2. When the injured person:
Loss of vision in both eyes

a. Loses the use of speech or the power to hear or toBoth

ears smell,

or loses an eye, a hand, foot, an arm or a leg;

b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was
habitually engaged in as a consequence of the physical
injuries inflicted.
Instances considered as the crime of serious
physical injuries
3. When the injured:
a. Becomes deformed;
b. Loses any other member of his body;
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the performance of the work in which he was
habitually engaged in for more than 90 days, as a consequence of the physical injuries
inflicted.
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.
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.
 Physical injuries is
a formal crime
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.
 Determining intent to kill
Intent to kill must be manifested by overt
acts.
It cannot be manifested by oral threats.
 PHYSICAL INJURIES MUTILATION
No special intention to clip off some There is special intention to clip off
part of the body so as to deprive some part of the body so as to
the offended party of such part. deprive him of such part.

ATTEMPTED OR
PHYSICAL INJURIES FRUSTRATED
HOMICIDE
The offender inflicts Attempted homicide may be
physical injuries. committed even if no physical
injuries are inflicted.
Offender has no intention to kill the The offender has intent to kill the
offended party. offended party.
 Art. 264. 
Administering injurious
substances or beverages. 
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; and
3. He had no intent to kill.
 Art. 265. 
Less serious physical
injuries. 
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; and
2. Physical injuries must not be those described
in the preceding articles.

If a 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).
 Serious physical injury vis-à-vis less serious
BASIS physical
SERIOUS injury
PHYSICAL LESS SIRIOUS PHYSICAL
INJURIES INJURIES
The injured person The offended party is
becomes ill or incapacitated for labor
As to
incapacitated for labor for 10 days or more but
capacity of
for more than 30 days not more than 30 days,
injured
but not more than 90 or needs medical
party
days. attendance for the
same period.
Importance Medical attendance is There must be a proof
of Medical not important in serious to the period of the
Assistance physical injuries. required medical
attendance.
 Art. 266. 
Slight physical injuries and
maltreatment. 
Kinds of slight physical injuries and maltreatment
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; or
3. Ill-treatment of another by deed without causing any injury.
Q: A disagreement ensued between Cindy and Carina which led to a
slapping incident. Cindy gave twin slaps on Carina’s beautiful face.
What is the crime committed by Cindy?

A:
1. Slander by deed – if the slapping was done to cast dishonor to
the person slapped.

2. Slight physical injuries by ill-treatment – if the slapping was

done without the intention of casting dishonor, or to humiliate or
embarrass the offended party out of a quarrel or anger.