Tumultuous affray (Art. 251) Elements of physical injuries inflicted in a tumultuous affray: (Art.

252)
It means a commotion in a tumultuous and confused manner, to such
an extent that it would not be possible to identify who the killer is if 1. There is a tumultuous affray as referred to in the preceding article;
death results, or who inflicted the serious physical injuries, but the
2. A participant or some participants thereof suffer serious physical
person or persons who used violence are known.
injuries or physical injuries of a less serious nature only;
Tumultuous affray exists when at least four persons took part
3. Person responsible thereof cannot be identified; and
therein.
4. All those who appear to have used violence upon the person of the
Elements of death caused in a tumultuous affray:
offended party are known.
1. There be several or at least 4 persons;
This article will not apply when a person is killed.
2. That they did not compose groups organized for the common
Giving assistance to suicide (Art. 253)
purpose of assaulting and attacking each other reciprocally,
otherwise, they may be held liable as co-conspirators; Punishable acts
3. That these several persons quarreled and assaulted one another in 1. Assisting another to commit suicide, whether the suicide is
a confused and tumultuous manner; consummated or not;
4. Someone was killed in the course of the affray; 2. Lending assistance to another to commit suicide to the extent of
doing the killing himself.
NOTE: The person killed in the course of the affray need not be one
of the participants in the affray. He could be a mere passerby. Elements of discharge of firearm (Art. 254):
5. It cannot be ascertained who actually killed the deceased. 1. Offender discharges a firearm against another person; and
NOTE: if the one who inflicted the fatal wound is known, the crime is 2. Offender has no intention to kill the person.
not tumultuous affray. It is a case of homicide.
NOTE: There must be no intent to kill. The purpose of the offender is
6. The person or persons who inflicted serious physical injuries or only to intimidate or frighten the offended party. This does not apply
who used violence can be identified. to police officers in the performance of their duties.
This article does not apply if there is concerted fight between two
organized groups.
Elements of infanticide (Art. 255):
1. A child was killed;
NOTE: The child must be born alive and fully developed, that is, it can
sustain an independent life.
2. Deceased child was less than 3 days old or less than 72 hours of
age; and
3. Accused killed the said child.
NOTE: If the child is born dead, or if the child is already dead,
infanticide is not committed.
Although the child is born alive if it could not sustain an
independent life when it was killed there is no infanticide.
Elements of intentional abortion (Art. 256):
1. There is a pregnant woman;
2. Violence is exerted, or drugs or beverages administered, or that
the accused otherwise acts upon such pregnant woman;
3. As a result of the use of violence or drugs or beverages upon her,
or any other act of the accused, the fetus dies, either in the womb or
after having been expelled therefrom; and
4. Abortion is intended.
NOTE: In intentional abortion, the offender should know that the
woman is pregnant because the very intention is to cause an
abortion.
Elements of unintentional abortion (Art. 257):
1. There is a pregnant woman;
2. Violence is used upon such pregnant woman without intending an
abortion;
3. Violence is intentionally exerted; and
4. As a result of the violence exerted, the fetus dies either in the
womb or after having been expelled therefrom.
Illustration: Unintentional abortion requires physical violence
inflicted deliberately and voluntarily by a third person upon the
person of the pregnant woman. Hence, if A pointed a gun at a
pregnant lady, who became so frightened, causing her abortion, he
is not liable for unintentional abortion, as there was no violence
exerted. If he intended the abortion however, the crime committed
is intentional abortion.
The force or violence must come from another. Mere intimidation is
not enough unless the degree of intimidation already approximates
violence.
Elements of abortion practiced by the woman herself or by her
parents (Art. 258):
1. There is a pregnant woman who has suffered abortion;
2. Abortion is intended; and
3. Abortion is caused by:
a. The pregnant woman herself;
b. Any other person, with her consent; or
 c. Any of her parents, with her consent for the purpose of Seconds
concealing her dishonor.
The persons who make the selection of the arm and fix the other
NOTE: Under a and c above, the woman is liable under Art. 258 while conditions of the fight.
the third person under b is liable under Art. 256.
Challenging to a duel (Art. 261)
Elements of abortion practiced by a physician or midwife (Art. 259):
Punishable acts
1. There is a pregnant woman who has suffered abortion;
1. Challenging another to a duel;
2. Abortion is intended;
2. Inciting another to give or accept a challenge to a duel; and
If abortion was not intended or was a result of a mistake, no
3. Scoffing at or decrying another publicly for having refused to
crime is committed. If the woman is not really pregnant, an
accept a challenge to fight a duel.
impossible crime is committed.
NOTE: The punishable act is to challenge to a duel not challenge to a
3. The offender must be a physician or midwife who causes or assists
fight because if it is the latter, the crime would be light threats under
in causing the abortion; and
Art. 285(2).
4. Said physician or midwife takes advantage of his or her scientific
Kinds of mutilation (Art. 262)
knowledge or skill.
1. Intentionally mutilating another by depriving him, either totally or
Duel
partially, of some essential organ for reproduction.
It is a formal or regular combat previously consented between two
Elements:
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 a. There must be a castration, which is mutilation of organs necessary
of the fight to settle some antecedent quarrels. for generation, such as the penis or ovarium; and
Persons liable b. The mutilation is caused purposely and deliberately, which is to
deprive the offended party of some essential organ for reproduction.
Persons who killed or inflicted physical injuries upon his adversary, or
both combatants will be liable as principals; while the seconds will be Intentionally depriving the victim of the reproductive organ does not
liable as accomplices. mean necessarily the cutting off of the organ or any part thereof. It
suffices that it is rendered useless.
2. Intentionally making other mutilation, that is, by lopping or
clipping off of 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.
In the first kind of mutilation, the castration must be made
purposely. Otherwise, it will be considered as mutilation of the
second kind.
Instances considered as the crime of serious physical injuries
1. When the injured person becomes insane, imbecile, impotent, or
blind in consequence of the physical injuries inflicted.
Impotence includes inability to copulate and sterility.
Blindness requires loss of vision of both eyes.
Mere weakness in vision is not contemplated.
2. When the injured person:
a. Loses the use of speech or the power to hear or to smell,
or loses an eye, a hand, a foot, an arm or a leg; or
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was
habitually engaged in as a consequence of the physical injuries
inflicted.
Loss of hearing must involve both ears. Otherwise, it will be
considered as serious physical injuries under par. 3. Loss of the power
to hear in the right ear is merely considered as loss of use of some
other part of the body.
3. When the injured:
a. Becomes deformed;
b. Loses any other member of his body;
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the performance of the
work in which he was habitually engaged in for more than 90 days, as
a consequence of the physical injuries inflicted.
NOTE: In par. 2 and 3, the offended party must have a vocation or
work at the time of injury.
4. When the injured person becomes ill or incapacitated for labor for
more than 30 days (but must not be more than 90 days), as a result
of the physical injuries inflicted.
When the category of the offense of serious physical injuries depends
on the period of the illness or incapacity for labor, there must be
evidence of the length of that period. Otherwise, the offense will be
considered as slight physical injuries.
Requisites of deformity:
1. Physical ugliness;
2. Permanent and definite abnormality; and
3. Conspicuous and visible.
NOTE: Once physical injuries resulted to deformity, it is classified as
serious physical injuries.
Elements of less serious physical injuries (Art. 265)
1. Offended party is incapacitated for labor for 10 days or more (but
not more than 30 days), or shall require medical attendance for the
same period of time; and
NOTE: The disjunctive “or” above means that it is either
incapacity for work for 10 days or more or the necessity of medical
attendance for an equal period which will make the crime of less
serious physical injuries.
In the absence of proof as to the period of the offended
party’s incapacity for labor or required medical attendance, the
offense committed is only slight physical injuries. The phrase “shall
require” refers to the period of actual medical attendance.
2. Physical injuries must not be those described in the preceding
articles.
If a wound required medical attendance for only 2 days, yet
the injured was prevented from attending to his ordinary labor for a
period of twenty-nine days, the physical injuries are denominated as
less serious (US v. Trinidad, 4 Phil. 152).
Kinds of slight physical injuries and maltreatment (Art. 266)
1. Physical injuries which incapacitated the offended party for labor
from 1 to 9 days, or required medical attendance during the same
period;
2. Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance; or
3. Ill-treatment of another by deed without causing any injury.
Slapping the offended party is a form of ill- treatment which
is a form of slight physical injuries.
What is maltreatment? (R.A 7610)
(b) "Child abuse" refers to the maltreatment, whether habitual or
not, of the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or
(4) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.
Elements of rape by a man who shall have carnal knowledge of a
woman
1. Offender is a man;
2. Offender had carnal knowledge of the woman; and
3. Such act is accomplished under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is
otherwise unconscious;
c. By means of fraudulent machination or grave abuse of
authority; or
 d. When the offended party is under 12 years of age or is
demented, even though none of the above circumstances mentioned
above be present.
Elements of rape by sexual assault
1. Offender commits an act of sexual assault;
2. The act of sexual assault is committed by any of the following
means:
a. By inserting his penis into another person’s mouth or anal
orifice, or
b. By inserting any instrument or object into the genital or
anal orifice of another person
3. The act of sexual assault is accomplished under any of the
following circumstances:
a. By using force or intimidation, or
b. When the woman is deprived of reason or otherwise
unconscious, or
c. By means of fraudulent machination or grave abused of
authority, or
d. When the woman is under 12 years of age or demented.
Statutory rape
Sexual intercourse with a girl below 12 years old is statutory rape
(People v. Espina, G.R. No. 183564, June 29, 2011).
Elements of statutory rape
1. That the offender had carnal knowledge of the victim; and
2. That the victim is below twelve (12) years old (People v. Apattad,
G.R. No. 193188, August 10, 2011).
3. When the woman is under 12 years of age or is demented, sexual
intercourse with her is always rape, even if the sexual intercourse was
with her consent. This is because the law presumes that the victim,
on account of her tender age, does not and cannot have a will of her
own.
"Women’s honor” Doctrine
Women’s honor doctrine or the so-called “Maria Clara Doctrine”
posits that, it is a well-known fact that women, especially Filipinos,
would not admit that they have been abused unless that abuse had
actually happened. This is due to their natural instinct to protect heir
honor. (People vs. Tano, 109 Phil. 912 (1960)
NOTE: The Supreme Court in People vs. Amarela and Rancho (January
17, 2018), through Justice Martires enunciated that courts must not
rely soley on the Maria Clara stereotype of a demure and reserved
Filipino woman. Rather, Courts should stay away from such mindset
and accept the realities of a woman’s dynamic role in society today;
she who has over the years transformed into a strong and confidently
intelligent and beautiful person willing to fight for her rights.
Instances to consider the crime as qualified rape
1. When by reason or on occasion of the rape, a homicide is
committed.
2. When the victim is under 18 years of age and the offender is a
parent, ascendant, step-parent, guardian, relative by consanguinity
or affinity within the third civil degree, or the common law spouse of
the victim.
NOTE: A step-brother or step-sister relationship between the
offender and the offended party cannot elevate the crime to
qualified rape because they are not related either by blood or affinity.
The enumeration is exclusive. Hence, the common law husband of
the victim’s grandmother is not included.
11. When the offender knew of the mental disability, emotional
disorder, and/or physical handicap of the offended party at the time
of the commission of the crime (Art. 266-B).

3. When the victim is under the custody of the police or military

authorities or any law enforcement or penal institution.

4. When rape is committed in full view of the husband, parent, any

of the children or other relatives within the third civil degree of
consanguinity.

5. When the victim is engaged in a legitimate religious vocation or

calling and is personally known to be such by the offender before or
after the commission of the crime.

6. When the victim is a child below 7 years old.

7. When the offender knows that he is inflicted with HIV/AIDS or any

other sexually transmissible disease and the virus or disease is
transferred to the victim.

8. When committed by any member of the AFP or paramilitary units

thereof or the PNP or any law enforcement agency or penal
institution, when the offender took advantage of his position to
facilitate the commission of the crime.

9. When by reason or on occasion of the rape, the victim has suffered

permanent physical mutilation or disability.

10. When the offender knew of the pregnancy of the offended party
at the time of the commission of the rape.