CHAPTER 1, SECTION 3: DUEL

 Duel: formal or regular combat previously concerted between two parties in the presence 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

Art. 260. Responsibility of participants in a duel. — The penalty of reclusion

temporal shall be imposed upon any person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the penalty
provided therefor, according to their nature.

In any other case, the combatants shall suffer the penalty of arresto mayor,
although no physical injuries have been inflicted.

The seconds shall in all events be punished as accomplices.

 Acts punishable:
1. 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 liable:
1. 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
 If death results, the penalty is the same as that for homicide

Art. 261. Challenging to a duel. — The penalty of prision correccional in its

minimum period shall be imposed upon any person who shall challenge another,
or incite another to give or accept a challenge to a duel, or shall scoff at or
decry another publicly for having refused to accept a challenge to fight a duel.

 Acts punishable:
1. 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
 Elements:
1. Previous agreement to engage in a combat
2. Two or more seconds for each combatant
3. Choice of arms and other terms of agreement must be agreed upon by the seconds
 Persons liable:
1. Challenger
2. Instigator
 A challenge to a fight, without contemplating a duel, is not challenging to a duel. Not all pre-agree fights is a
duel.
 Person making the challenge must have in mind a formal combat to be concerted between him and the one
challenged in the presence of two or more seconds
CHAPTER 2: PHYSICAL INJURIES
 The Revised Penal Code arranges it by degree, the first being the most severe and the last being the least
severe.

Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua

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

Any other intentional mutilation shall be punished by prision mayor in its medium
and maximum periods.

 Acts punishable:
1. Intentionally mutilating another by depriving him, either totally or partially, of some essential organ for
reproduction (castration)
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/other intentional mutilation)
 Elements of 1st kind:
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, that is, to deprive the offended party of some
essential organ for reproduction
 Mutilation is the lopping or clipping off of some part of the body
 For other intentional mutilation, if the victim is under 12 years of age, the penalty shall be one degree
higher than that imposed by law
 For castration, though it does not destroy a life, it deprives a person of the means to transmit it.
 There must be intention to deprive the offended party of a part of his body. If no intention, crime will be
serious physical injuries. It cannot be committed through negligence.

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. The penalty of prision mayor, if in consequence of the physical injuries inflicted,

the injured person shall become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, 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. The penalty of prision correccional in its minimum and medium periods, 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;

4. The penalty of arresto mayor in its maximum period to prision correccional in

its minimum period, if the physical injuries inflicted shall have caused the illness
or incapacity for labor of the injured person for more than thirty days.

If the offense shall have been committed against any of the persons enumerated
in Article 246, or with attendance of any of the circumstances mentioned in Article
248, the case covered by subdivision number 1 of this Article shall be punished
by reclusion temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prision correccional in its maximum period to prision
mayor in its minimum period; the case covered by subdivision number 3 by
prision correccional in its medium and maximum periods; and the case covered
by subdivision number 4 by prision correccional in its minimum and medium
periods.

The provisions of the preceding paragraph shall not be applicable to a parent who
shall inflict physical injuries upon his child by excessive chastisement.

 How committed:
1. By wounding
2. By beating
3. By assaulting
4. By administering injurious substance
 Serious physical injuries are divided by the consequences of the injuries inflicted, the nature and character
of the wound inflicted and the proper penalty
 Intent to kill SHOULD NOT be present, otherwise the crime is frustrated/attempted murder or homicide
as the case may be
 If the category of the serious physical injuries depends on the period of illness/incapacity, there must be
evidence of the length of that period. Otherwise, the offense is only slight physical injuries.
 Lessening of efficiency due to injury is NOT incapacity.
 Qualified serious physical injuries:
1. If it is committed against any of the persons enumerated in Art. 246, Parricide
a. Legitimate/illegitimate father
b. Legitimate/illegitimate mother
c. Legitimate/illegitimate child
d. Legitimate ascendants
e. Legitimate descendants
f. Legitimate spouse
2. If it is attending by any of the circumstances in Art. 248, Murder
a. Treachery, taking advantage of superior strength, with the aid of armed men, employing means to
weaken the defense, or of means or persons to insure or afford impunity
b. In consideration of a price, reward or promise
c. By means of inundation, dire, poison, explosion, shipwreck, stranding of a vessel, derailment or
assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other
means involving great waste and ruin
d. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic, or any other public calamity
e. With evident premeditation
f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse
 Reynaldo Pilares vs. People: petitioner Reynaldo Pilares is a sari-sari store owner. Pedro Bantigue and his
companion were on route to their home, when their car broke down. While waiting for the engine to cool
down, they decided to buy beer at petitioner’s store. Petitioner told them that drinking alcohol near the store
was not allowed. Complainant and companion had initially paid too little for the beer they bought, and when
petitioner looked displeased with the payment, the complainant had mockingly given him more than what
 they took. Upon going back a 4th time, they had mocked petitioner, which prompted him to attack them,
thereby inflicting upon complainant a gash on his the right side of his face which was treated for a total of 3
days.

It laid down the elements of Art. 263, 1) that the offender has wounded, beaten or assaulted another and, 2)
that the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person
for more than 30 days.

RTC charged accused with having violated paragraph 3 of Art. 263, but later amended to have violated
paragraph 4. The Court ruled that frustrated homicide could not be adduced because there was no intent to
kill, based on the wound inflicted on Bantigue. He could have easily killed him if he wanted to because he
was already on the ground, but he didn’t. The nature and location of the wounds also show the same.

 Alfredo de Guzman vs. People: Victim Alexander Flojo was fetching water below his rented home when
the brother of his landlord, Alfredo, hit him on the nape. After a few hours, Alfredo had stabbed him on his
face and chest, this required medical examination..

He was convicted of frustrated homicide. SC ruled that the wounds sustained by Alexander were not mere
scuffmarks inflicted in the head of the anger; the wounds would have been sufficient to cause his death were
it not for timely medical intervention.

There indeed was presence of intent to kill, which is an essential element in frustrated or attempted
homicide. It must have been present immediately before or simultaneously with the infliction of injuries.
Intent to kill, being a state of mind, is discerned by the courts only through external manifestations, i.e., the
acts and conduct of the accused at the time of the assault and immediately thereafter.

Intent to kill is determined by the following: 1) the means used by the malefactors, 2) the nature, location and
number of wounds sustained by the victim, 3) the conduct of the malefactors before, during and immediately
after the killing and 4) the circumstances under which the crime was committed and the motives of the
accused. Included as well are the words uttered during the infliction of injuries.

PARAGRAPH 1: Impotence: inability to copulate

Injured person becomes insane, an Blind: must be of 2 eyes, complete

imbecile, impotent or blind blindness

PARAGRAPH 2: Loss of hearing: must be of both Must be principal members of the

Injured person loses use of speech
or power to hear or smell or loses an
eye, hand, foot, arm, or leg, or loses
use of any such member or becomes
incapacitated for work in which he
was habitually engaged
PARAGRAPH 3:
Injured person becomes deformed or
loses any other member of the body,
or the use therefor, or becomes ill or
incapacitated for the performance of
the work in which he was habitually
engaged for more than 90 days
PARAGRAPH 4:
ears. If 1 only, paragraph 3 body, ie. The arm
Loss of use of hand: permanent
Incapacity for usual work: permanent
Deformity: physical ugliness, Covers any member of body that is
permanent and definite abnormality. not principal, ie. Anything not
Must be conspicuous and visible mentioned in paragraph 2
Injury: cannot be repaired by the Medical attendance not required
action of nature
Illness: if wound did not heal within a
certain period of time
Labor: of any kind

Injured person becomes ill or Hospitalization: refers to illness or

incapacitated for labor for more than incapacity
30 days, as a result of the physical
injuries inflicted

Art. 264. Administering injurious substances or beverages. — The penalties

established by the next preceding article shall be applicable in the respective
case to 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.

 Elements:
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
 It is frustrated murder if there is intent to kill, then the injurious substance will be considered poison
 Accused must have known of the injurious nature of substance, otherwise, not liable
 Administering means introducing the substance into the body. Throwing substance on the face is NOT
contemplated in this article

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 and shall suffer the penalty of 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.

Any less serious physical injuries inflicted upon the offender's parents,
ascendants, guardians, curators, teachers, or persons of rank, or persons in
authority, shall be punished by prision correccional in its minimum and medium
periods, provided that, in the case of persons in authority, the deed does not
constitute the crime of assault upon such person.

 Matters to be noted in this crime:

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
 Qualified as to penalty:
1. A fine not exceeding Php50,000, in addition to arresto mayor, shall be imposed for less serious physical
injuries when:
a. There is a manifest intent to insult or offend the injured person
b. There are circumstances adding ignominy to the offense
2. A higher penalty is imposed when the victim is either
a. The offender’s parents, ascendants, guardians, curators or teachers
b. Persons of rank or person in authority provided the crime is not direct assault
 Medical attendance or incapacity of labor is required in less physical injuries. Only slight physical injuries
without them.
 If more than 30 days, it will fall under Article 263
 People vs. Cecilia Lagman: upon finding out that victim Donna Maniego had been spreading that accused
Lagman was “insane”, Lagman had showed up at their home, and had punched her face several times. The
RTC had ruled that it was frustrated murder, but the CA reversed it and ruled that it was only less serious
physical injuries on the ground that there was no intent to kill. SC here ruled that the victim was not
incapacitated for labor for at least 10 days, nor needed medical attention. Charged with slight physical
injuries.


Art. 266. Slight physical injuries and maltreatment. — The crime of slight
physical injuries shall be punished:

By arresto menor 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

By arresto menor or a fine not exceeding 20 pesos and censure when the
offender has caused physical injuries which do not prevent the offended party
from engaging in his habitual work nor require medical assistance.

By arresto menor in its minimum period or a fine not exceeding 50 pesos when
the offender shall ill-treat another by deed without causing any injury.

 Acts punishable:
1. Physical injuries incapacitated the offended party for labor from one to nine days, or required medical
attendance during the same period
2. Physical injuries which did not prevent the offended party from engaging his habitual work or which did
not require medical attendance
3. Ill-treatment of another by deed without causing any injury
 It falls under this article if no evidence of actual injury

MEDICAL ATTENDANCE AND LENGTH

Serious Less serious Slight physical

physical injuries physical injuries injuries
Number of days (for
10-20 days 1-9 days
medical treatment)
Number of days (of
30-90 days Less than 30 days
incapacitation for labor)
Only fields filled out are the ones where a distinguished point can be made