CRIME

Art. 262. Mutilation

Any person who shall intentionally
mutilate another by depriving him,
either totally or partially, or some
essential organ of reproduction.

ELEMENTS
Mode 1. Intentionally mutilating
another by depriving him, either
totally or partially, of some
essential organ for reproduction;
(Mutilation)
Elements:
(1) There be a castration, that is,
mutilation of organs necessary for
generation, such as the penis or
ovarium;
(2) The mutilation is caused
purposely and deliberately
Mode 2. 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. (Mayhem).
Intent to mutilate must be
established. If there is no intent,
the crime is only serious physical
injury.
The offender must have the
intention to deprive the offended
party of a part of his body. If there
is no such intention, the crime will
be serious physical injuries.

PENALTY
Reclusion Temporal to Reclusion
Perpetua

NOTES
Intent is to specifically to castrate

Prision Mayor in its medium

and maximum periods Any other
intentional mutilation

MUTILIATION the lopping or

clipping off of some part of the
body
CASTRATION - intentionally
mutilating another by depriving
him, either totally or partially, of
some essential organ for
reproduction
MAYHEM - intentionally making
other mutilation other than some
essential organ for reproduction
and to deprive him of that part of
the body

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. If in consequence of the
physical injuries inflicted, the
injured person shall become
insane, imbecile, impotent, or
blind;
2. 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. 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

HOW COMMITTED:
1. Wounding;
2. Beating;
3. Assaulting; or
4. Administering
injurious
substances.
Levels of Penalty: When the
injured person, in consequence of
the physical injuries inflicted
(1) Becomes insane, imbecilic,
impotent or blind
(2) Loses the use of speech or the
power to hear or to smell, or loses
an eye, a hand, afoot, an arm, or a
leg;
(3) Loses the use of any such
member;
(4) Becomes incapacitated for the
work in which he was theretofore
habitually engaged, in
consequence of the physical
injuries inflicted;
(5) Becomes deformed; or
(6) Loses any other member of his
body;
(7) Loses the use thereof; or
(8) 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;
(9) Becomes ill or incapacitated
for labor for more than 30 days

Prision Mayor under no. 1

Prision Correccional in its medium
and maximum periods under no.
2
Prision Correccional in its
minimum and medium periods
under no. 3
Arresto Mayor in its maximum
period to Prision Correccional in
its minimum period under no. 4

Intent is to be involved in a
tumultuous affray.
DEFORMITY must be pointed out
- it must be permanent.
DEFORMITY includes a scar, two
front teeth
QUALIFIED SPI committed in
relation to parricide/murder. It will
not apply to parent who
excessively chastised his/her child
(XPN).
Parent can still be charged with
physical injuries because the rule
specifically stated that the
exception only applies in QSPI.
In physical injuries, there must not
be intent to kill, otherwise the
crime is frustrated/ attempted
murder or homicide as the case
may be.
Impotence under first type means
an inability to copulate. It is used
synonymously with sterility.
Penalty under the first type is one
degree higher when the victim is
under 12 years of age.
Blindness under the second type

4. If the physical injuries inflicted

shall have caused the illness or
incapacity for labor of the injured
person for more than thirty days.

(but must not be more than 90

days), as a result of the physical
injuries inflicted.

must be of two eyes. If there is

loss of one eye only, the serious
physical injuries is of the second
type.

Deformity physical ugliness,

permanent and definite
abnormality. It must be
conspicuous and visible.

Loss of power to hear under the

second type must be of both ears.
If hearing in only one ear is lost, it
falls under the third type.
Loss of the use of hand, or
incapacity for work under the
second type, must be permanent.

Elements of deformity:
(a) physical ugliness,
(b) permanent and definite
abnormality, and
(c) it must be conspicuous and
visible. All these elements must
concur.

All the body parts mentioned in

the second type are principal
members of the body (eye, hand,
foot etc.)

Illness when the wound inflicted

did not heal with a certain period
of time.

Art. 264. Administering injurious

substances or beverages
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.

(1) Offender inflicted upon another

any serious physical injury;
(2) It was done by knowingly
administering to him any injurious
substance or beverages or by
taking advantage of his weakness
of mind or credulity;
(3) He had no intent to kill.

The third type covers any other

part of the body which is not a
principal member of the body.

Penalties established by the next

preceding article

Must result to Serious Physical

Injuries.
No intent to kill.
Only intent to administer the
substance.

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.

(1) 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 of time;
(2) The physical injuries must not
be those described in the
preceding articles.

Any less serious physical injuries

inflicted upon the offender's
parents, ascendants, guardians,
curators, teachers, or persons of
rank, or persons in authority,
provided that, in the case of
persons in authority, the deed
does not constitute the crime of
assault upon such person.

Art. 266. Slight physical injuries

and maltreatment
1. When the offender has inflicted
physical injuries which shall
incapacitate the offended party for
labor from one to nine days, or
shall require medical attendance
during the same period.
2. When the offender has caused
physical injuries which do not

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.
Prision Correccional in its
minimum and medium periods

Mode 1. Physical injuries

incapacitated the offended party
for labor from 1-9 days, OR
required medical attendance
during the same period;
Mode 2. Physical injuries which
did not prevent the offended party
from engaging in his habitual work
or which did not require medical
attendance;

1.Arresto Menor
2.Arresto Menor or a fine not
exceeding 200 pesos and censure
3.Arresto Menor in its minimum
period or a fine not exceeding 50
pesos

Intent to humiliate is absorbed as

an aggravating circumstance.
Manifest intent to humiliate or
other circumstance which adds
ignominy,
Qualified as to penalty
(1) A fine not exceeding P 500.00,
in addition to arresto mayor, when
(a) There is a manifest intent to
insult or offend the injured person;
or
(b) There are circumstances
adding ignominy to the offense.
(2) A higher penalty is imposed
when the victim is either:
(a) The offenders parents,
ascendants, guardians, curators
or teachers; or
(b) Persons of rank or person in
authority, provided the crime is not
direct assault.
Kinds of SLPI
Incapacity for labor 1-9 days
Did not incapacitate for labor or
did not need medical attendance
Ill-treat another by deed without
causing injuries
This involves even ill-treatment

prevent the offended party from

engaging in his habitual work nor
require medical assistance.
3. When the offender shall ill-treat
another by deed without causing
any injury.

Mode 3. Ill-treatment of another

by deed without causing any
injury.

where there is no sign of injury

requiring medical treatment.
Slapping the offended party is a
form of ill-treatment which is a
form of slight physical injuries.
But if the slapping is done to cast
dishonor upon the person
slapped, or to humiliate or
embarrass the offended party out
of a quarrel or anger, the crime is
slander by deed.
Between slight physical injuries
and less serious
physical injuries, not only the
healing duration of the injury will
be considered but also the
medical attendance required to
treat the injury.
So the healing duration may be
one to nine days, but if the
medical treatment continues
beyond nine days, the physical
injuries would already qualify as
less serious physical injuries.
The medical treatment may have
lasted for nine days, but if the
offended party is still incapacitated
for labor beyond nine days, the
physical injuries are already
considered less serious physical

injuries.
Where there is no evidence of
actual injury, it is only slight
physical injuries.
In the absence of proof as to the
period of the offended partys
incapacity for labor or of the
required medical attendance, the
crime committed is slight physical
injuries.