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00crim Dana

00crim Dana

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Published by liboanino

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Published by: liboanino on Oct 07, 2011
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01/19/2013

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Article 260. Responsibility of Participants in a DuelActs punished1. Killing one
s adversary in a duel;2. Inflicting upon such adversary physical injuries;3. Making a combat although no physical injuries have been inflicted.Persons liable1. The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principals.2. The seconds, as accomplices.Penalty:* RT = if he kills his adversary* Penalty for physical injuries = if only inflicted PI* AMayor = no PI (if inflicted only slight PI, penalized with AMenor)Duel = a formal or regular combat previously consented to by two parties in thepresence of two or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight to settle some antecedent quarrel.Article 261. Challenging to a DuelActs punished1. Challenging another to a duel;2. Inciting another to give or accept a challenge to a duel;3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.Penalty: PC minIllustration:If one challenges another to a duel by shouting
Come down, Olympia, let us measure your prowess. We will see whose intestines will come out. You are a cowardif you do not come down
, the crime of challenging to a duel is not committed. What is committed is the crime of light threats under Article 285, paragraph 1 ofthe Revised Penal Code.Chapter 2: Physical InjuriesTypes of Physical Injuries:1. Serious physical injuries (lesions graves)2. Less serious physical injuries (lesions menos graves)3. Slight physical injuries (lesions leves)4. MutilationArticle 262. Mutilation = lopping or clipping off of some part of the bodyActs punished1. (Castration) Intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction; (RT to RP)Elementsa. There be a castration, that is, mutilation of organs necessary for generation, such as the penis or ovarium;b. The mutilation is caused purposely and deliberately, that is, to deprive theoffended party of some essential organ for reproduction
 
2. (Mayhem) 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. (PM med to max)* The intent to deliberately cut off the particular part of the body that was removed from the offended party must be established. If there is no intent to deprive victim of particular part of body, the crime is only serious physical injury.* There must be no intent to kill* This cannot be committed through criminal negligence.SITUATION: Husband caught his wife in the act of sexual intercourse with her paramour. Husband cut off paramour
s organsANS: Husband cannot avail of exception under Art 247 since mutilation isdifferent from serious PI.Article 263. Serious Physical InjuriesHow PI is committed:Any person who shall1. wound, beat, or assault another2. without intent to kill* penalty will differ depending on the injuriesHow is Serious PI committed:1. By wounding;2. By beating;3. By assaulting; or4. By administering injurious substance.There is intent to killCrime is at least attempted homicide even if no injury was sustainedNo intent to killCrime is at most serious PINo intent to kill but the victim diedhomicide since when the victim dies, intent to kill is conclusively presumed but can avail of mitigating circumstance of not intending to commit so grave a wrongSerious physical injuries1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted; (PM)2. When the injured person
[PRINICIPAL MEMBERS OF THE BODY](PC med to max)a. Loses the use of speech or the power to hear or to smell, or loses an eye, ahand, a foot, an arm, or a leg;b. Loses the use of any such member; orc. Becomes incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted;3. When the person injured
[NON-PRINCIPAL MEMBERS OF THE BODY] (PC min to med)a. Becomes deformed; orb. Loses any other member of his body; orc. Loses the use thereof; ord. Becomes ill or incapacitated for the performance of the work in which he washabitually engaged for more than 90 days in consequence of the physical injuriesinflicted;4. When the injured person becomes ill or incapacitated for labor for more than30 days (but must not be more than 90 days), as a result of the physical injuries inflicted. (AMayor max to PC min)n The crime of physical injuries is a crime of result because under our laws thecrime of physical injuries is based on the gravity of the injury sustained. So
 
this crime is always consummatedPar 1:Art 262Art 263 (par 1
impotence)There is intent to cut the organIt was only a result of the attack, no intent to cut the organ* Same distinction between mutilation and Art 263(2)*
blindness
= refers to total blindness since if lost sight only of one eye, thenit falls under par 2Par 2:*
WORK
= means vocation -- devoted in a certain pursuit; thus, can still be liable under 2-c if victim is unemployed* incapacity here is permanentElements of Deformity:(1) The injury must produce ugliness;(2) It must be visible;(3) The ugliness will not disappear through natural healing process. SITUATION: The offender threw acid on the face of the offended party. Were it not for timely medical attention, a deformity would have been produced on the face of the victim. After the plastic surgery, the offended party was more handsome than before the injury. What crime was committed? In what stage was it committed?The crime is serious physical injuries because the problem itself states thatthe injury would have produced a deformity. The fact that the plastic surgery removed the deformity is immaterial because in law what is considered is not theartificial treatment but the natural healing process.SITUATION: A boxed B, knocking off B
s front toothANS: Serious PI even if B subsequently acquired a false front tooth.Par 3:n
ill
= refers to the effect of the injurySITUATION: A boxed B, wounding B which did not heal for 90 days but B was able to work.ANS: Serious PI because there can be illness without incapacityPar 4:Serious PILess Serious PISlight PIDuration of illness or incapacity: * (par 3) more than 90 days* (par 4) 31-90 daysduration of incapacity or treatment: 10 days to 30 daysduration of incapacity or treatment: 1 to 9 daysmedical attendance required to treat the injury is considereddo not consider the period of medical treatment; only consider the period when t he offended party is rendered incapacitated for labor* par 4 mentions
incapacity for labor,
unlike par 3 and 2 which used
incapacity forwork which he was habitually engaged
* When the injury created a deformity upon the offended party, you disregard thehealing duration or the period of medical treatment involved. At once, it is considered serious physical injuries.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.Article 264. Administering Injurious Substances or Beverages

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