Art 263.

 P1: Becomes blind – Total blindness

o P. Mayor Min
 P2: Serious physical injury case when injured person loses any of its senses
(except sense of thing), lose eye or foot
o P. Correc Med and Max
o Offended party permanently loss his means of livelihood /
occupation
 P3: Shall have lost the use of any part of his body or incapacitated for more
than 90 days
o P. Correc Min and Med
 P4: Offended party loses capacity to work for more than 30 days
o A. Mayor Max – P. Correc Mid
 Qualified serious physical injury:
o Parricide
o Any qualifying circumstance in Art 248
o R. Temporal Med and Max id the victim is ascendant/descendant
 What’s inapplicable as qualifying circumstance?
o Not applicable when ascendants inflicted physical injury to their
children by way of chastisement
o But if you go to RA 7610, this provision is impliedly amended.
o Chastisement in Art 247 (17 y.o; younger daughter having sexual
intercourse with a man)  Destierro
 What’s the meaning of deformity?
o Example:
 If intentional cutting of hand: 262 applies
 If not intentional to take away any part of the body: 263
applies
 Fit of anger the person removed the ear of the person, this
crime is punishable under 262 or 263?
 If the intention of the offender is to affect the hearing
capacity of the person (loss of hearing) Art 263, P.2.
 If the intention is to only inflict a loss of a part of the ear
this is deformity.
o If it results to ugliness; permanency is material.
o If in regard to teeth, if the blow is to remove the front and visible teeth
of person it’s Deformity. If just to remove a molar or not visible teeth,
it’s not physical deformity.
 What’s an example where the deformity causes a positive outcome rather
than ugliness?
o Young man got into a fight with another man working in the ice plant.
They got into an argument leading to physical infliction of injury and
the victim suffered a stab at the chin. Post-surgery, he ended up
having a clef chin.
 o This is not a PHYSICAL DEFORMITY since it’s an ENHANCEMENT of
his appearance.
o Won’t exempt offender from any criminal liability.
 What’s the meaning of Vocation or work?
o Students considered as engaging in work already
 First year law students, are you considered working? Yes
 Under SC decisions, preparation for vocation or work is
considered already as engaged in work.
 Law says you must be a student during the time of your
injury for you to invoke this article.
o If you’re a student and preparing to become a professional you are
considered to having a vocation or work. Hence, that particular
vocation is the basis if serious, slight, less serious injury.
 Except Last paragraph of Art 263 (abandonment) (arresto mayor),
Jurisdiction is lodged with RTC (if more than 6 yrs RTC jurisdiction)
 Loss of the function of even one finger, determination if it falls under this
provision depends on the profession victim is engaged.
o Example: If a pianist, it can be considered as permanent loss of work.
 Other rules
o P1: Blindness must be BOTH eyes
o P2: Only an eye, lose a foot, lose both arms or an arm
 Jurisdiction:
o By means of culpa
o If victim is abandoned by a person without detriment to oneself (P.
Mayor in Min)
Art 264.
 In administering injurious substances, it must be by way of INGESTION or
taking in of any liquid through any means of entrance in the body of person.
o Can also be by injection
 Any truth the registration of any drug to make the person say the truth?
o Not per se. It’s more of because of the pain it gives that people say the
truth.
 Must not have an intention to kill the victim, rather just to inflict injury.
Otherwise, it can be attempted or frustrated homicide or murder.
o Medical reasons are not included.
 If dangerous drugs are used in order to kill a person, murder already.

Art 265.
 Loss of any part of the body of a person – always serious physical injury
 If there is a manifest intention to insult or cast dishonor to the person, it will
be less serious injury in this P2. - Qualified
 If there is a manifest intention to insult or cast dishonor to the person but
without assault– slander by deed
 If no intention to which a manner t lose his honor or insulted or defamed
when inflicted less serious, it’s less serious, but there must be an injury for
more than 9 days.
  (1:44 pm clarify) Distingusih P3 direct assault v less serious physical injury
o If no intention to defy, it’s less serious injuries if injury lasted only 10
days.
o If there’s intention to defy, then the crime is direct assault.
o Under RA 9165, 100 m of a school and teacher is imposing any
provisions of RA 9165, it is direct assault since teacher is a person in
authority. (Like the question in the exam)
Art 266.
 Three ways to commit slight physical injuries (enumerate via codal)
 Must there be injury in P2?
o What if the person suffered a black eye?
 It can be serious, less serious, or slight since it should depend
on the healing of the black eye
 Example: Vhong Navarro’s case
Art 266-A
 (2:00 pm I missed it cos someone asked me huhu)
 People v Campuhan (carnal knowledge)
 SC: When a man wanted to have a sex with the baby (People v Orita; People v
Eriña)
 How can intimidation be a source of threat to the woman?
 Three kind of sources to compel a man:
o Threat
 Employment of serious threats or acts that will make the
woman submit
 Must be threat against you
 I will hack your neck
o Force
o Intimidation
 Indirect threat (threat against your family)
 I will kill your brother, family, etc.
 Any form of compulsion
 Moral ascendancy to intimidation (by blood or relationship)
*When we are in rape, go to computer and search for unusual cases of rape
 Qualified aggravating:
o (See 2:15 pm)
o A man who raped his niece (young man) twice with a use of weapon
o Circumstances:
 Use of weapon
 Relationship of the rapist to the victim
 Deprived of reason
o Lunatic, imbecile, those suffering form certain congenital diseases
(autism), emotional disturbance for women
 Unconscious
o Asleep
 Case where the woman is wife of a coconut farmer and she was
raped while sleeping
 o Intoxicated
 Grave abuse of authority
o If superior officer intimidates its lower officer (?)
 Fraudulent machination
o Two examples (By enrile and another):
1. Identical Twins
 Balck sheep and white sheep case
2. Practice
 Some psychiatrists tell their patient: If you wanna be cured
of you depression, if you have sex with me it’ll go away.
 Sexual Harassment v Fraudulent Machination
o Intimidation already – ¶1 rape already
o Must not be a wife
 Side note: Marital Rape
 Woman to woman: Sexual Assault Rape ¶2
 Man to Man and Woman to Man: Sexual Assault
 Qualified Rape
o Victim is under the custody of the police or military (like prisoners);
but not necessary that the offender is the person in charge of the
person it could be a stranger.
 People v Jalosjos
 Rape on Children:
Statutory Ordinary Qualified
Woman must be over 7 Less than 7
but under 12
Over 12 but under 18 and
offender is ascendant or
person with moral
ascendancy over her
DEATH