Title Seven

Chapter One

Art. 203. Who are public officers

The term "public officers" embraces every public servant from the highest to the lowest.

For the purposes of the Penal Code, it obliterates the standard distinction in the law of public officers
between "officer" and "employee.

Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

Section One. — Dereliction of duty

Art. 204. Knowingly rendering unjust judgment. — Any judge who shall knowingly render an unjust
judgment in any case submitted to him for decision, shall be punished by prision mayor1 and
perpetual absolute disqualification.
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is unjust.

Art. 205. Judgment rendered through negligence. — Any judge who, by reason of inexcusable
negligence or ignorance, shall render a manifestly unjust judgment in any case submitted to him for
decision shall be punished by arresto mayor2 and temporary special disqualification.3
Elements:
1. That the offender is a judge.
2. That he renders a judgment in a case submitted to him for decision.
3. That the judgment is manifestly unjust.
4. That it is due to his inexcusable negligence or ignorance.

Art. 206. Unjust interlocutory order. — Any judge who shall knowingly render an unjust interlocutory
order or decree shall suffer the penalty of arresto mayor in its minimum period4 and suspension;5 but
if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or
decree be manifestly unjust, the penalty shall be suspension.6
Elements:
1. That the offender is a judge;
2. That he performs any of the following acts:
a. knowingly renders unjust interlocutory order or decree; or
b. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or
ignorance.
Interlocutory order, defined.
An interlocutory order is an order which is issued by the court between the commencement and the end
of a suit or action and which decides some point or matter, but which, however, is not a final decision of
the matter in issue.

Art. 207. Malicious delay in the administration of justice. — The penalty of prision correccional in its
minimum period7 shall be imposed upon any judge guilty of malicious delay in the administration of
justice.
Elements:
1. That the offender is a judge;
2. That there is a proceeding in his court;
3. That he delays the administration of justice;
4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict
damage on either party in the case.

Art. 208.Prosecution of offenses; negligence and tolerance. — The penalty of prision correccional in its
minimum period8 and suspension9 shall be imposed upon any public officers or officer of the law,
who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for
the punishment of violators of the law, or shall tolerate the commission of offenses.

Acts punishable:

1. By maliciously refraining from instituting prosecution against violators of the law.

2. By maliciously tolerating the commission of offenses.

The title of the article uses the word "negligence" which should not be understood merely as lack of
foresight or skill. The word "negligence" simply means "neglect of the duties of his office by maliciously
failing to move the prosecution and punishment of the delinquent." (U.S. vs. Mendoza, 23 Phil. 194)
Malice is an important element in this article.

Elements of dereliction of duty in the prosecution of offenses.

1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or
to prosecute, offenses.
2. That there is dereliction of the duties of his office; that is, knowing the commission of the crime, he
does not cause the prosecution of the criminal (People vs. Rosales, G.R. No. 42648) or knowing that a
crime is about to be committed, he tolerates its commission.
3. That the offender acts with malice and deliberate intent to favor the violator of the law.

Who, in dereliction of the duties of his office.

Thus, the following have such duty:
1. Chief of police. (People vs. Rosales, G.R. No. 42S48)
2. Barrio lieutenant. (U.S. vs. Mendoza, 23 Phil. 194)

Art. 209. Betrayal of trust by an attorney or solicitor — Revelation of secrets.

Acts punished as betrayal of trust by attorney.

1. By causing damage to his client, either (1) by any malicious breach of professional duty, (2) by
inexcusable negligence or ignorance.

Note: When the attorney acts (1) with malicious abuse of his employment or (2) inexcusable negligence
or ignorance, there must be damage to his client.

2. By revealing any of the secrets of his client learned by him in his professional capacity.

Note: Damage is not necessary.

3. By undertaking the defense of the opposing party in the same case, without the consent of his first
client, after having undertaken the defense of said first client or after having received confidential
information from said client.

Note: If the client consents to the attorney's taking the defense of the other party, there is no crime.

Art. 210. Direct bribery

Acts punishable in direct bribery:

A public officer commits direct bribery —
1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present — an
act constituting a crime, in connection with the performance of his official duties.
2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in
connection with the performance of his official duty.
3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in
consideration of gift or promise.

Elements of direct bribery:

a. That the offender be a public officer within the scope of Art. 203.
b. That the offender accepts an offer or a promise or receives a gift or present by himself or through
another.
c. That such offer or promise be accepted, or gift or present received by the public officer —
(1) with a view to committing some crime; or
(2) in consideration of the execution of an act which does not constitute a crime, but the act
must be unjust; or
 (3) to refrain from doing something which it is his official duty to do.
d. That the act which the offender agrees to perform or which he executes be connected with
the performance of his official duties.
Art. 211. Indirect bribery.
Elements:
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by reason of his office.

Direct bribery distinguished from indirect bribery.

1. In both crimes, the public officer receives gift.
2. While in direct bribery there is an agreement between the public officer and the giver of the gift or
present, in indirect bribery, usually, no such agreement exists.
3. In direct bribery, the offender agrees to perform or performs an act or refrains from doing something,
because of the gift or promise; in indirect bribery, it is not necessary that the officer should do any
particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason
of his office.

Art. 211 -A. Qualified Bribery. — If any public officer is entrusted with law enforcement and he
refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion
perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the
penalty for the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death.

Elements:
1. That the offender is a public officer entrusted with law enforcement;
2. That the offender refrains from arresting or prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death;
3. That the offender refrains from arresting or prosecuting the offender in consideration of any promise,
gift or present.

Art. 212. Corruption of public officials. — The same penalties imposed upon the officer corrupted,
except those of disqualification and suspension, shall be imposed upon any person who shall have
made the offers or promises or given the gifts or presents as described in the preceding articles.

Elements:
1. That the offender makes offers or promises or gives gifts or presents to a public officer.
2. That the offers or promises are made or the gifts or presents given to a public officer, under
circumstances that will make the public officer liable for direct bribery or indirect bribery

Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Art. 213. Frauds against the public treasury and similar offenses. — The penalty of prision correccional
in its medium period to prision mayor in its minimum period,1 or a fine ranging from 200 to 10,000
pesos, or both, shall be imposed upon any public officer who:
1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter
into an agreement with any interested party or speculator or make use of any other scheme, to
defraud the Government;
2. Being entrusted with the collection of taxes, licenses, fees, and other imposts, shall be guilty of any
of the following acts or omissions:
(a) Demanding, directly or indirectly, the payment of sums different from or larger than those
authorized by law;
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially;
(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a
nature different from that provided by law.
When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of
Customs, the provisions of the Administrative Code shall be applied.

Acts punishable as frauds against public treasury and illegal exactions:

1. By entering into an agreement with any interested party or speculator or making use of any other
scheme, to defraud the Government, in dealing with any person with regard to furnishing supplies, the
making of contracts, or the adjustment or settlement of accounts relating to public property or funds.
2. By demanding, directly or indirectly, the payment of sums different from or larger than those
authorized by law, in the collection of taxes, licenses, fees, and other imposts.
3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially, in the collection of taxes, licenses, fees, and other imposts.
4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a
nature different from that provided by law, in the collection of taxes, licenses, fees, and other imposts.

Elements of frauds against public treasury (Art. 213, par. 1):

a. That the offender be a public officer.
b. That he should have taken advantage of his office, that is, he intervened in the transaction in his
official capacity.
c. That he entered into an agreement with any interested party or speculator or made use of any other
scheme with regard to (1) furnishing supplies, (2) the making of contracts, or (3) the adjustment or
settlement of accounts relating to public property or funds.
d. That the accused had intent to defraud the Government.

Elements of illegal exactions:

a. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts.
b. He is guilty of any of the following acts or omissions:
(1) Demanding, directly or indirectly, the payment of sums different from or larger than those
authorized by law; or
(2) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially; or
(3) Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a
nature different from that provided by law.

Art. 214. Other frauds. — In addition to the penalties prescribed in the provisions of Chapter Six, Title
Ten, Book Two of this Code, the penalty of temporary special disqualification in its maximum period
to perpetual special disqualification2 shall be imposed upon any public officer who, taking advantage
of his official position, shall commit any of the frauds or deceits enumerated in said provisions.
Elements:
1. That the offender is a public officer.
2. That he takes advantage of his official position.
3. That he commits any of the frauds or deceits enumerated in Arts. 315 to 318.

Art. 215. Prohibited transactions. — The penalty of prision correccional in its minimum period3 or a
fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer
who, during his incumbency, shall directly or indirectly become interested in any transaction of
exchange or speculation within the territory subject to his jurisdiction.
Elements:
1. That the offender is an appointive public officer.
2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation.
3. That the transaction takes place within the territory subject to his jurisdiction.
4. That he becomes interested in the transaction during his incumbency.

Art. 216. Possession of prohibited interest by a public officer. — Upon a public officer who, directly or
indirectly, shall become interested in any contract or business in which it is his official duty to
intervene

Who are liable for possession of prohibited interest?

1. Public officer who, directly or indirectly, became interested in any contract or business in which it was
his official duty to intervene.
2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or
transaction connected with the estate or property in the appraisal, distribution or adjudication of which
they had acted.
3. Guardians and executors with respect to the property belonging to their wards or the estate.

Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

What are the crimes called malversation of public funds or property?

They are:
1. Malversation by appropriating, misappropriating or permitting any other person to take public funds
or property. (Art. 217)
2. Failure of accountable officer to render accounts. (Art. 218)
3. Failure of a responsible public officer to render accounts before leaving the country. (Art. 219)
4. Illegal use of public funds or property. (Art. 220)
5. Failure to make delivery of public funds or property. (Art. 221)

Art. 217. Malversation of public funds or property — Presumption of malversation. — Any public
officer who, by reason of the duties of his office, is accountable for public funds or property, shall
appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or
negligence, shall permit any other person to take such public funds or property, wholly or partially, or
shall otherwise be guilty of the misappropriation or malversation of such funds or property.

What is embezzlement?
Malversation is otherwise called embezzlement. Note the word "embezzled" in the phrase "or equal to
the total value of the property embezzled" in the penultimate paragraph of Art. 217.

Acts punishable in malversation.

1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence, permitting any other person to take such
public funds or property.
4. By being otherwise guilty of the misappropriation or malversation of such funds or property.

Elements common to all acts of malversation under Art. 217.

(a) That the offender be a public officer.
(b) That he had the custody or control of funds or property by reason of the duties of his office.
(c) That those funds or property were public funds or property for which he was accountable.
(d) That he appropriated, took, misappropriated or consented or, through abandonment or negligence,
permitted another person to take them.

Art. 218. Failure of accountable officer to render accounts. — Any public officer, whether in the
service or separated therefrom by resignation or any other cause, who is required by law or regulation
to render accounts to the Insular Auditor (now Commission on Audit), or to a provincial auditor and
who fails to do so for a period of two months after such accounts should be rendered, shall be
punished by prision correccional in its minimum period/ or by a fine ranging from 200 to 6,000 pesos,
or both.
Elements:
1. That the offender is a public officer, whether in the service or separated therefrom.
2. That he must be an accountable officer for public funds or property.
3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a
provincial auditor.
4. That he fails to do so for a period of two months after such accounts should he rendered.
Demand for accounting is not necessary.
Art. 219. Failure of a responsible public officer to render accounts before leaving the country. — Any
public officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a
certificate from the Insular Auditor (now Commission on Audit), showing that his accounts have been
finally settled, shall be punished by arresto mayor,7 or a fine ranging from 200 to 1,000 pesos, or both.
Elements:
(a) That the offender is a public officer.
(b) That he must be an accountable officer for public funds or property.
(c) That he must have unlawfully left (or be on the point of leaving) the Philippines without securing
from the Commission on Audit a certificate showing that his accounts have been finally settled.
The act of leaving the country must be unauthorized or not permitted by law.

Art. 220. Illegal use of public funds or property. — Any public officer who shall apply any public funds
or property under his administration to any public use other than that for which such funds or
property were appropriated by law or ordinance.

Elements:
1. That the offender is a public officer.
2. That there is public fund or property under his administration.
3. That such public fund or property has been appropriated by law or ordinance.
4. That he applies the same to a public use other than that for which such fund or property has been
appropriated by law or ordinance.

Art. 221. Failure to make delivery of public funds or property.

Acts punishable under Art. 221.

1. By failing to make payment by a public officer who is under obligation to make such payment from
Government funds in his possession.
2. By refusing to make delivery by a public officer who has been ordered by competent authority to
deliver any property in his custody or under his administration.

Elements of failure to make payment.

a. That the public officer has Government funds in his possession.
b. That he is under obligation to make payment from such funds.
c. That he fails to make the payment maliciously.

Art. 222. Officers included in the preceding provisions. — The provisions of this chapter shall apply to
private individuals who in any capacity whatever, have charge of any insular (now national),
provincial, or municipal funds, revenues, or property or to any administrator or depository of funds or
property attached, seized, or deposited by public authority, even if such property belongs to a private
individual.

Private individuals who may be liable under Arts. 217 to 221.

1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal
funds, revenue, or property.
2. Administrator or depository of funds or property, attached, seized or deposited by public authority,
even if such property belongs to a private individual.

Chapter Five
INFIDELITY OF PUBLIC OFFICERS

What are the crimes classified under infidelity of public officers?

They are:
1. Infidelity in the custody of prisoners. (Arts. 223 and 224)
2. Infidelity in the custody of documents. (Arts. 226 to 228)
3. Revelation of secrets. (Arts. 229 and 230)

Section One. — Infidelity in the custody of prisoners

What are the crimes under infidelity in the custody of prisoners?
They are:
1. Conniving with or consenting to evasion. (Art. 223)
2. Evasion through negligence. (Art. 224)
3. Escape of prisoner under the custody of a person not a public officer. (Art. 225)

Art. 223. Conniving with or consenting to evasion. — Any public officer who shall consent to the
escape of a prisoner in his custody or charge, shall be punished.

Elements:
1. That the offender is a public officer.
2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final
judgment.
3. That such prisoner escaped from his custody.
4. That he was in connivance with the prisoner in the latter's escape.

Art. 224. Evasion through negligence. — If the evasion of the prisoner shall have taken place through
the negligence of the officer charged with the conveyance or custody of the escaping prisoner.

Elements:
1. That the offender is a public officer.
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner
by final judgment.
3. That such prisoner escapes through his negligence.

Liability of escaping prisoner:

1. If the fugitive is serving sentence by reason of final judgment, he is liable for evasion of the service of
the sentence under Art. 157.
2. If the fugitive is only a detention prisoner, he does not incur criminal liability.

Art. 225. Escape of prisoner under the custody of a person not a public officer. — Any private person
to whom the conveyance or custody of a prisoner or person under arrest shall have been confided,
who shall commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty
next lower in degree than that prescribed for the public officer.

Elements:
1. That the offender is a private person.
2. That the conveyance or custody of a prisoner or person under arrest is confided to him.
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape
takes place through his negligence

Section Two. — Infidelity in the custody of documents

What are the crimes under infidelity in the custody of documents?

They are:
1. Removal, concealment or destruction of documents. (Art. 226)
2. Officer breaking seal. (Art. 227)
3. Opening of closed documents. (Art. 228)

Art. 226. Removal, concealment or destruction of documents. — Any public officer who shall remove,
destroy, or conceal documents or papers officially entrusted to him.

Elements:
1. That the offender be a public officer.
2. That he abstracts, destroys or conceals documents or papers.
3. That the said documents or papers should have been entrusted to such public officer by reason of his
office.
4. That damage, whether serious or not, to a third party or to the public interest should have been
caused.

Acts punishable in infidelity in the custody of documents:

1. By removing, or
2. By destroying, or
3. By concealing, documents or papers officially entrusted to the offending public officer.

There must be damage, great or small.

The fourth element exists —
1. Whenever serious damage is caused thereby to a third party or to the public interest.
2. Whenever the damage caused to a third party or to the public interest is not serious.
Damage in this article may consist in mere -alarm to the public or in the alienation of its confidence in
any branch of the government service.

Art. 227. Officer breaking seal. — Any public officer charged with the custody of papers or property
sealed by proper authority, who shall break the seals or permit them to be broken.

Elements:
1. That the offender is a public officer.
2. That he is charged with the custody of papers or property.
3. That these papers or property are sealed by proper authority.
4. That he breaks the seals or permits them to be broken.

Damage or intent to cause damage is not necessary.

Where documents are sealed by competent authorities, it is evident that the purpose thereof is to
insure their preservation.
It is sufficient that the seal is broken, even if the contents are not tampered with. Art. 227 does not
require that there be damage caused or that there be intent to cause damage.

Art. 228. Opening of closed documents. — Any public officer not included in the provisions of the next
preceding article who, without proper authority, shall open or shall permit to be opened any closed
papers, documents or objects entrusted to his custody.

Elements:
1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted to his custody.
3. That he opens or permits to be opened said closed papers, documents or objects.
4. That he does not have proper authority.

Section Three. — Revelation of secrets

What are the crimes under revelation of secrets by public officers?

They are:

1. Revelation of secrets by an officer. (Art. 229)

2. Public officer revealing secrets of private individual. (Art. 230)

Art. 229. Revelation of secrets by an officer. — Any public officer who shall reveal any secret known to
him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which
he may have charge and which should not be published.

Acts punishable as revelation of secrets by an officer.

1. By revealing any secrets known to the offending public officer by reason of his official capacity.
2. By delivering wrongfully papers or copies of papers of which he may have charge and which should
not be published.

Elements of No. 1:
a. That the offender is a public officer.
b. That he knows of a secret by reason of his official capacity.
c. That he reveals such secret without authority or justifiable reasons.
d. That damage, great or small, be caused to the public interest.

Elements of No. 2.
1. That the offender is a public officer.
2. That he has charge of papers.
3. That those papers should not be published.
4. That he delivers those papers or copies thereof to a third person.
5. That the delivery is wrongful.
6. That damage be caused to public interest.

Art. 230. Public officer revealing secrets of private individual. — Any public officer to whom the
secrets of any private individual shall become known by reason of his office who shall reveal such
secrets.

Elements:
1. That the offender is a public officer.
2. That he knows of the secrets of a private individual by reason of his office.
3. That he reveals such secrets without authority or justifiable reason.

Damage to private individuals not necessary.

It is not necessary that damage is suffered by the private individual.
The reason for this provision is to uphold faith and trust in public service.

Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Section One. — Disobedience, refusal of assistance, and maltreatment of prisoners.

Art. 231. Open disobedience. — Any judicial or executive officer who shall openly refuse to execute
the judgment, decision or order of any superior authority made within the scope of the jurisdiction of
the latter and issued with all the legal formalities.

Elements:
1. That the offender is a judicial or executive officer.
2. That there is a judgment, decision or order of a superior authority.
3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior
authority and issued with all the legal formalities.
4. That the offender without any legal justification openly refuses to execute the said judgment, decision
or order, which he is duty bound to obey.

Art. 232. Disobedience to order of superior officer, when said order was suspended by inferior officer.
— Any public officer who, having for any reason suspended the execution of the orders of his
superiors, shall disobey such superiors after the latter have disapproved the suspension.

Elements:
1. That the offender is a public officer.
2. That an order is issued by his superior for execution.
3. That he has for any reason suspended the execution of such order.
4. That his superior disapproves the suspension of the execution of the order.
5. That the offender disobeys his superior despite the disapproval of the suspension.

Art. 233. Refusal of assistance- shall be imposed upon a public officer who, upon demand from
competent authority, shall fail to lend his cooperation towards the administration of justice or other
public service, if such failure shall result in serious damage to the public interest, or to a third party.

Elements:
1. That the offender is a public officer.
2. That a competent authority demands from the offender that he lend his cooperation towards the
administration of justice or other public service.
3. That the offender fails to do so maliciously.

Is damage to public interest essential?

Yes, there must be damage to the public interest or to a third party, great or small.
If the failure to lend cooperation results in "serious damage to the public interest or to a third party,"
the penalty is higher; "otherwise" (meaning if the damage is not serious), the penalty is lower.

Art. 234. Refusal to discharge elective office-shall be imposed upon any person who, having been
elected by popular election to a public office, shall refuse without legal motive to be sworn in or to
discharge the duties of said office.

Elements:
1. That the offender is elected by popular election to a public office.
2. That he refuses to be sworn in or to discharge the duties of said office.
3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

Art. 234 not applicable to appointive officer.

Note that this Article penalizes refusal to discharge the duties of an elective office. Hence, refusal to
discharge the duties of an appointive office is not covered by this Article.
Art. 235. Maltreatment of prisoners-in addition to his liability for the physical injuries or damage
caused, shall be imposed upon any public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner under his charge by the imposition of
punishments not authorized by the regulations, or by inflicting such punishments in a cruel and
humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to obtain some information from the
prisoner, the offender shall be punished by prision mayor in its minimum period.

Elements:
1. That the offender is a public officer or employee.
2. That he has under his charge a prisoner or detention prisoner.
3. That he maltreats such prisoner in either of the following manners:
a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under
his charge either —
(1) by the imposition of punishments not authorized by the regulations, or
(2) by inflicting such punishments (those authorized) in a cruel and humiliating manner; or
b. By maltreating such prisoner to extort a confession or to obtain some information from the
prisoner.

Offended party must be a convict or detention prisoner.

The offended party is either —
(1) a convict by final judgment; or
(2) a detention prisoner.

Note that Art. 235 mentions "a prisoner or detention prisoner" under the charge of the public officer
who maltreated him.

To be detention prisoner, the person arrested must be placed in jail even for a short while.

Section Two. — Anticipation, prolongation, and abandonment of the duties and powers of public
office.

Art. 236. Anticipation of duties of a public office. — Any person who shall assume the performance of
the duties and powers of any public office or employment without first being sworn in or having given
the bond required by law, shall be suspended from such office or employment until he shall have
complied with the respective formalities.

Elements:
1. That the offender is entitled to hold a public office or employment, either by election or appointment.
2. That the law requires that he should first be sworn in and/or should first give a bond.
3. That he assumes the performance of the duties and powers of such office.
4. That he has not taken his oath of office and/or given the bond required by law.
Art. 237. Prolonging performance of duties and powers. — Any public officer who shall continue to
exercise the duties and powers of his office, employment, or commission, beyond the period provided
by law, regulations or special provisions applicable to the case.

Elements:
1. That the offender is holding a public office.
2. That the period provided by law, regulations or special provisions for holding such office, has already
expired.
3. That he continues to exercise the duties and powers of such office.

Officers contemplated.
A public officer who has been suspended, separated, declared overaged, or dismissed cannot continue
to perform the duties of his office.

Art. 238. Abandonment of office or position. — Any public officer who, before the acceptance of his
resignation, shall abandon his office to the detriment of the public service.

Elements:
1. That the offender is a public officer.
2. That he formally resigns from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the public service.

Take Note* There must be a written or formal resignation.

Section Three. — Usurpation of powers and unlawful appointments.

Art. 239. Usurpation of legislative powers- shall be imposed upon any public officer who shall
encroach upon the powers of the legislative branch of the Government, either by making general rules
or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the
execution thereof.

Elements:
1. That the offender is an executive or judicial officer.
2. That he (a) makes general rules or regulations beyond the scope of his authority, or (b) attempts to
repeal a law or (c) suspends the execution thereof.

Art. 240. Usurpation of executive functions. — Any judge who shall assume any power pertaining to
the executive authorities, or shall obstruct the latter in the lawful exercise of their powers.

Elements:
1. That the offender is a judge.
2. That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs the executive
authorities in the lawful exercise of their powers.

Legislative officers are not liable for usurpation of powers.

Thus, a councilor who assumes a power pertaining to the mayor or obstructs him in the lawful exercise
of his power is not liable under Art. 240, because only a judge can commit usurpation of executive
functions.

Art. 241. Usurpation of judicial functions. — shall be imposed upon any officer of the executive branch
of the Government who shall assume judicial powers or shall obstruct the execution of any order or
decision rendered by any judge within his jurisdiction.

Elements:
1. That the offender is an officer of the executive branch of the Government.
2. That he (a) assumes judicial powers, or (b) obstructs the execution of any order or decision rendered
by any judge within his jurisdiction

Art. 242. Disobeying request for disqualification. — Any public officer who, before the question of
jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain
from so doing.

Elements:
1. That the offender is a public officer.
2. That a proceeding is pending before such public officer.
3. That there is a question brought before the proper authority regarding his jurisdiction, which is not
yet decided.
4. That he has been lawfully required to refrain from continuing the proceeding.
5. That he continues the proceeding.

Art. 243. Orders or requests by executive officers to any judicial authority. — Any executive officer
who shall address any order or suggestion to any judicial authority with respect to any case or
business coming within the exclusive jurisdiction of the courts of justice.

Elements:
1. That the offender is an executive officer.
2. That he addresses any order or suggestion to any judicial authority.
3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of
the courts of justice.

Legislative or judicial officers are not liable under Art. 243.

Thus, a congressman who wrote a letter to a judge, requesting the latter to decide the case pending
before him one way or the other, or a judge who made a suggestion to another judge, is not liable under
this Article.

Art. 244. Unlawful appointments. — Any public officer who shall knowingly nominate or appoint to
any public office any person lacking the legal qualifications therefor.

Elements:
1. That the offender is a public officer.
2. That he nominates or appoints a person to a public office.
3. That such person lacks the legal qualifications therefor.
4. That the offender knows that his nominee or appointee lacks the qualifications at the time he made
the nomination or appointment.

The offense is committed by "nominating" or by "appointing."

Section Four. — Abuses against chastity

Art. 245. Abuses against chastity — Penalties. — The penalties of prision correccional in its medium
and maximum periods22 and temporary special disqualification23 shall be imposed:

1. Upon any public officer who shall solicit or make immoral or indecent advances to a woman
interested in matters pending before such officer for decision, or with respect to which he is required
to submit a report to, or consult with a superior officer;

2. Any warden or other public officer directly charged with the care and custody of prisoners or
persons under arrest who shall solicit or make immoral or indecent advances to a woman under his
custody.

If the person solicited be the wife, daughter, sister, or relative within the same degree by affinity of
any person in the custody of such warden or officer.

Ways of committing abuses against chastity:

1. By soliciting or making immoral or indecent advances to a woman interested in matters pending
before the offending officer for decision, or with respect to which he is required to submit a report to or
consult with a superior officer.
2. By soliciting or making immoral or indecent advances to a woman under the offender's custody.
3. By soliciting or making immoral or indecent advances to the wife, daughter, sister or relative within
the same degree by affinity of any person in the custody of the offending warden or officer.

Elements of the offense:

a. That the offender is a public officer.
b. That he solicits or makes immoral or indecent advances to a woman.
c. That such woman must be —
(1) interested in matters pending before the offender for decision, or with respect to which he is
required to submit a report to or consult with a superior officer; or
(2) under the custody of the offender who is a warden or other public officer directly charged
with the care and custody of prisoners or persons under arrest; or
(3) the wife, daughter, sister or relative within the same degree by affinity of the person in the
custody of the offender.
Note: The mother of the person in the custody of the offender is not included.
Meaning of "solicit."

The word "solicit" means to propose earnestly and persistently something unchaste and immoral to a
woman.

Title Eight
CRIMES AGAINST PERSONS
What are the crimes against persons?
They are:
(1) Parricide. (Art. 246)
(2) Murder. (Art. 248)
(3) Homicide. (Art. 249)
(4) Death caused in a tumultuous affray. (Art. 251)
(5) Physical injuries inflicted in a tumultuous affray. (Art. 252)
(6) Giving assistance to suicide. (Art. 253)
(7) Discharge of firearms. (Art. 254)
(8) Infanticide. (Art. 255)
(9) Intentional abortion. (Art. 256)
(10) Unintentional abortion. (Art. 257)
(11) Abortion practiced by the woman herself or by her parents. (Art. 258)
(12) Abortion practiced by a physician or midwife and dispensing of abortives. (Art. 259)
(13) Duel. (Art. 260)
(14) Challenging to a duel. (Art. 261)
(15) Mutilation. (Art. 262)
(16) Serious physical injuries. (Art. 263)
(17) Administering injurious substances or beverages. (Art. 264)
(18) Less serious physical injuries. (Art. 265)
(19) Slight physical injuries and maltreatment. (Art. 266)
(20) Rape. (Art. 266-A)
Chapter One -DESTRUCTION OF LIFE

Section One. — Parricide, murder, homicide

Art. 246. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide.

Elements:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate spouse, of the accused.

The child should not be less than three days old.

If the child killed by his parent is less than three (3) days old, the crime is infanticide. (Art. 255)

Only relatives by blood and in direct line, except spouse, are considered in parricide.
Only relatives by blood may be legitimate or illegitimate. On the other hand, the "ascendants or
descendants" must be legitimate. They, too, must be relatives by blood.
Therefore, an adopted father or adopted son, or father-in-law or son-in-law is not included in this
provision for parricide.

Art. 247. Death or physical injuries inflicted under exceptional circumstances. — Any legally married
person who, having surprised his spouse in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon
them any serious physical injury, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their
daughters under eighteen years of age, and their seducer, while the daughters are living with their
parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Requisites for the application of Art. 247:

1. That a legally married person or a parent surprises his spouse or his daughter, the latter under 18
years of age and living with him, in the act of committing sexual intercourse with another person.
2. That he or she kills any or both, of them or inflicts upon any or both of them any serious physical
injury in the act or immediately thereafter.
3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has
not consented to the infidelity of the other spouse.
Art. 248. Murder. — Any person who, not falling within the provisions of Article 246, shall kill another,
shall be guilty of murder and shall be punished by reclusion perpetua to death3 if committed with any
of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weaken the defense, or of means or persons to insure or afford impunity;

2. In consideration of a price, reward, or promise;

3. By means of inundation, fire, 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;

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,

eruption of a volcano, destructive cyclone, epidemic, or other public calamity;

5. With evident premeditation;

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.

Elements of murder:
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in Art. 248.
4. The killing is not parricide or infanticide.

Murder, defined.
Murder is the unlawful killing of any person which is not parricide or infanticide, provided that any of
the following circumstances is present:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weaken the defense, or of means or persons to insure or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of inundation, fire, 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;
4. 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;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
Art. 249. Homicide. — Any person who, not falling within the provisions of article 246, shall kill
another, without the attendance of any of the circumstances enumerated in the next preceding article.

Elements:
(1) That a person was killed;
(2) That the accused killed him without any justifying circumstance;
(3) That the accused had the intention to kill, which is presumed;
(4) That the killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide.

"Shall kill another."

In homicide, the victim must be killed to consummate the crime. If the victim is not killed, it is either
attempted or frustrated homicide.

Art. 251. Death caused in a tumultuous affray. — When, while several persons, not composing groups
organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and
assault each other in a confused and tumultuous manner, and in the course of the affray someone is
killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who
inflicted serious physical injuries can be identified, such person or persons shall be punished by prision
mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of
prision correccional in its medium and maximum periods6 shall be imposed upon all those who shall
have used violence upon the person of the victim.

Elements:
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaulting and attacking
each other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and tumultuous
manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who used violence can be
identified.

Who are liable for death in a tumultuous affray?

1. The person or persons who inflicted the serious physical injuries are liable. (Art. 251, par. 1)
2. If it is not known who inflicted the serious physical injuries on the deceased, all the persons who used
violence upon the person of the victim are liable, but with lesser liability. (Art. 251, par. 2)
Art. 252. Physical injuries inflicted in a tumultuous affray. — When in a tumultuous affray as referred
to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and
the person responsible therefor cannot be identified, all those who appear to have used violence
upon the person of the offended party shall suffer the penalty next lower in degree than that provided
for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefor
cannot be identified, all those who appear to have used any violence upon the person of the offended
party shall be punished by arresto mayor from five to fifteen days.

Elements:
1. That there is a tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a
less serious nature only.
3. That the person responsible therefor cannot be identified.
4. That all those who appear to have used violence upon the person of the offended party are known.

Art. 253. Giving assistance to suicide. — Any person who shall assist another to commit suicide shall
suffer the penalty of prision mayor, if such person lends his assistance to another to the extent of
doing the killing himself.

Acts punishable as giving assistance to suicide.

1. By assisting another to commit suicide, whether the suicide is consummated or not.
2. By lending his assistance to another to commit suicide to the extent of doing the killing himself.

Art. 254. Discharge of firearms. — Any person who shall shoot at another with any firearm shall suffer
the penalty of prision correccional in its minimum and medium periods,10 unless the facts of the case
are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide, or
any other crime for which a higher penalty is prescribed by any of the articles of this Code.

Elements:
1. That the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.

Section Two. — Infanticide and abortion

Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in Article 248
shall be imposed upon any person who shall kill any child less than three days of age.

If the crime penalized in this article be committed by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and maximum
periods, and if said crime be committed for the same purpose by the maternal grandparents or either
of them, the penalty shall be reclusion temporal.
Elements of infanticide.
1. That a child was killed.
2. That the deceased child was less than three days (72 hours) of age.
3. That the accused killed the said child.

Art. 256. Intentional abortion. — Any person who shall intentionally cause an abortion shall suffer:

1. The penalty of reclusion temporal,13 if he shall use any violence upon the person of the pregnant
woman.

2. The penalty of prision mayor,'* if, without using violence, he shall act without the consent of the
woman.

3. The penalty of prision correccional in its medium and maximum periods,15 if the woman shall have
consented.

abortion as the willful killing of the foetus in the uterus, or the violent expulsion of the foetus from the
maternal womb which results ih the death of the foetus.

Ways of committing intentional abortion:

1. By using any violence upon the person of the pregnant woman.
2. By acting, but without using violence, without the consent of the woman. (By administering drugs or
beverages upon such pregnant woman without her consent.)
3. By acting (by administering drugs or beverages), with the consent of the pregnant woman.

Elements of intentional abortion:

a. That there is a pregnant woman;
b. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon
such pregnant woman;
c. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused,
the foetus dies, either in the womb or after having been expelled therefrom;
d. That the abortion is intended.

Art. 257. Unintentional abortion. — imposed upon any person who shall cause an abortion by
violence, but unintentionally.

Elements:
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence the foetus dies, either in the womb or after having been expelled
therefrom.
Unintentional abortion is committed only by violence.
It should be noted that the law employs the word "violence" that is, actual physical force.

Art. 258. Abortion practiced by the woman herself or by her parents. — The penalty of prision
correccional in its medium and maximum periods shall be imposed upon a woman who shall practice
an abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor shall suffer the penalty of prision
correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with
the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the
penalty of prision correccional in its medium and maximum periods.

Elements:
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the 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 concealing her dishonor.

The woman is liable if she "shall consent that any other person should do so."
Note that the woman is liable under Art. 258 either (1) when she shall practice an abortion upon herself,
or (2) when she shall consent that any other person should do so.

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. — The penalties
provided in Article 256 shall be imposed in their maximum period, respectively, upon any physician or
midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist
in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive
shall suffer arresto mayor20 and a fine not exceeding 1,000 pesos.

Elements:
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes, or assists in causing, the abortion.
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.

As to pharmacists, the elements are:

1. That the offender is a pharmacist.
2. That there is no proper prescription from a physician.
3. That the offender dispenses any abortive.

Is it necessary that the pharmacist knows that the abortive would be used to cause an abortion?
This article does not require it. What is punished is the dispensing of abortive without the proper
prescription from a physician.

Art. 260. Responsibility of participants in a duel. — The penalty of reclusion temporal2' 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,22 although no physical
injuries have been inflicted.
The seconds shall in all events be punished as accomplices.

Duel, defined.
It is a 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.

Acts punished in duel.

1. By killing one's adversary in a duel.
2. By inflicting upon such adversary physical injuries.
3. By making a combat although no physical injuries have been inflicted.

Who are liable in a duel?

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, penalty is the same as that for homicide.
Note that the penalty for duel is reclusion temporal, the same as that for homicide, if death resulted.

Art. 261. Challenging to a duel. — The penalty of prision correccional in its minimum period23 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 punished under Art. 261:

1. By challenging another to a duel.
2. By inciting another to give or accept a challenge to a duel.
3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.

Persons responsible under Art. 261 are:

(1) Challenger, and
(2) Instigators

Chapter Two -PHYSICAL INJURIES

What are the crimes of physical injuries?

They are:
1. Mutilation. (Art. 262)
2. Serious physical injuries. (Art. 263)
3. Administering injurious substance or beverages. (Art. 264)
4. Less serious physical injuries. (Art. 265)
5. Slight physical injuries and maltreatment. (Art. 266)

Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua1 shall be imposed
upon any person who shall intentionally mutilate another by depriving him, either totally or partially,
of some essential organ for reproduction.

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

The term "mutilation": means the lopping or the clipping off of some part of the body.
The putting out of an eye does not fall under this definition. Thus, when a robber stabbed a woman in
one eye, and as a result of the wound thus inflicted she lost the use of the eye, there is no mutilation.

Two kinds of mutilation:

1. By intentionally mutilating another by depriving him, either totally or partially, 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.

Elements of mutilation of the first kind:

1. That there be a castration, that is, mutilation of organs necessary for generation, such as the penis or
ovarium.
2. That the mutilation is caused purposely and deliberately, that is, to deprive the offended party of
some essential organ for reproduction. (Guevara)

"Any other intentional mutilation." Second Part

If the mutilation involves a part of the body, other than an organ for reproduction, such as the cutting of
the outer ear or arm of the offended party, with a deliberate purpose of depriving him of that part of his
body, it is other intentional mutilation, under the second paragraph of Art. 262
Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another.

How is the crime of serious physical injuries committed?

It is committed —
(1) by wounding;
(2) by beating; or
(3) by assaulting (Art. 263); or
(4) by administering injurious substance. (Art. 264)

The accused, while conversing with the offended party, drew the latter's bolo from its scabbard. The
offended party caught hold of the edge of the blade of his bolo and wounded himself.

Held: Since the accused did not wound, beat or assault the offended party, he cannot be guilty of serious
physical injuries. (U.S. vs. Villanueva 31 Phil. 412)

May be committed by reckless imprudence, or by simple imprudence or negligence.

What are serious physical injuries?

They are:
1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical
injuries inflicted.
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 theretofore habitually engaged, in consequence of the physical injuries
inflicted.
3. When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses
the use thereof, or (d) becomes ill or incapacitated for the performance of the work in which he was
habitually engaged for more than 90 days, in consequence of the physical injuries inflicted.
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.

It is a serious physical injury when the offended party becomes deformed. It is a serious physical
injury when the offended party becomes deformed.

Deformity requires that it be —

(a) physical ugliness,
(b) permanent and definite abnormality, and
(c) conspicuous and visible.
Note: If the scar is usually covered by the dress or clothes, it would not be conspicuous and visible.

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
substances or beverages or by taking advantage of his weakness of mind or credulity.
Elements:
1. That the offender inflicted upon another any serious physical injury.
2. That it was done by knowingly administering to him any injurious substances or beverages or by
taking advantage of his weakness of mind or credulity.
3. That he had no intent to kill.

It is frustrated murder when there is intent to kill.

If the offender had any intention to kill, the crime would be frustrated murder, the injurious substance
to be considered as poison.

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 attendance 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 insult 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,12 provided that, in the case of persons in authority,
the deed does not constitute the crime of assault upon such persons.

Matters to be noted in the crime of less serious physical injuries.

1. That the offended party is incapacitated for labor for ten days or more (but not more than 30 days), or
needs medical attendance for the same period of time.
2. That the physical injuries must not be those described in the preceding articles.
Thus, if the incapacity is more than 30 days or the illness lasts for more than 30 days, it is a serious
physical injury under paragraph 4 of Art. 263.

Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be
punished:
1. 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;
2. By arresto menor or a fine not exceeding 200 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 attendance;
3. 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.
Three kinds of slight physical injuries:
1. Physical injuries which incapacitated the offended party for labor from one (1) to nine (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.
3. Ill-treatment of another by deed without causing any injury.