Professional Documents
Culture Documents
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
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:
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
Penalties established by
the next
preceding article
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
A Menor par 1
A Menor or fine not
exceeding
P200 par 2
A Menor minimum or fine
not exceeding P50 - par 3
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)