Art 224 to 261

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:
1. By prision correccional in its medium and maximum periods1 and temporary
special disqualification in its maximum period to perpetual special
disqualification,2 if the fugitive shall have been sentenced by final judgment
to any penalty.
2. By prision correccional in its minimum period3
and temporary special disqualification, 4 in case the
fugitive shall not have been finally convicted but
only held as a detention prisoner for any crime or
violation of law or municipal ordinance.

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. (U.S. v. Bandino, 29 Phil. 459)
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, said officer
shall suffer the penalties of arresto mayor in its maximum period to
prision correccional in its minimum period5 and temporary special
disqualification.6
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.
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.

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, shall suffer:
1. The penalty of prision mayor7 and a fine
not exceeding Twohundred thousand pesos
(P200,000), whenever serious damage shall have
been caused thereby to a third party or to the
public interest.
2. The penalty ofprision correccional in its
minimum and medium period8 and a fine not
exceeding Two hundred thousand pesos
(P200,000), whenever the damage caused to a third
party or to the public interests shall not have been
serious.
In either case, the additional penalty of
temporary special disqualification in its maximum
period to perpetual special disqualification 9 shall be
imposed. (As amended by RA. No. 10951)

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.
If any of these circumstances be not present, the
crime disappears, or rather, does not arise. (Groizard,
Penal Code of 1870, Vol. N, 146, edition of 1891, cited in
People v. Lineses, C.A., 40 O.G., Supp. 14, 4773)
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, shall suffer the penalties of prision correccional
in its minimum and medium periods,1º temporary special disqualification,
and a fine not exceeding Four hundred thousand pesos (P400,000). (As
amended by R.A. No. 10951)
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.
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, shall suffer the penalties
of arresto mayor,12 temporary special disqualification13 and a fine not
exceeding Four hundred thousand pesos (P400,000). (As amended by
RA. No. 10951)

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, shall suffer the
penalties of prision correccional in its medium and maximum periods,14
perpetual special disqualification, and a fine not exceeding Four
hundred thousand pesos (P400,000) if the revelation of such secrets or
the delivery of such papers shall have caused serious damage to the
public interest; otherwise, the penalties of prision correccional in its
minimum period,115 temporary special disqualification,16 and a fine
not exceeding One hundred thousand (PI00,000) pesos shall be
imposed. (As amended by RA. No. 10951)

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.

Art. 230. Pulic 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, shall suffer
the penalties of arresto mayor17 and a fine not exceeding Two hundred
thousand pesos (P200,000). (As amended by R.A. No. 10951)

Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Section One. - Disobedience, refusal of assistance,

and maltreatment of prisoners

Art. 231. Open disobedience. - Anyjudicial 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, shall suffer the penalties
of arresto mayor in its medium period to prision correccional in its
minimum period,1 temporary special disqualification in its maximum
period,2 and a fine not exceeding Twohundred thousand pesos
(P200,000). (As amended by R.A. No. 10951)

Elements:
1. That the offender is ajudicial 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. (2 Viada
575)

Art. 232. Disobedience to order of

superior of1icer, when said order was
suspended by inferior of1icer. - 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, shall suffer
the penalties of prision correccional in its
minimum and medium periods3 and
perpetual special disqualification.
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. - The penalties of arresto mayor in its

medium period to prision correccional in its minimum period,4
perpetual special disqualification and a fine not exceeding Two hundred
thousand pesos (P200,000) 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; otherwise, arresto mayor in its medium
andmaximum periods5 and a fine not exceeding Onehundred thousand
pesos (Pl00,000) shall be imposed. (As amended by RA. No.10951)
 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.

Art. 234. Refusal to discharge elective office. - The penalty of arresto

mayor6 or a fine not exceeding Twohundred thousand pesos
(P200,000), or both, 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. (As
amended by
R.A. No. 10951)

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. 235. Maltreatment of prisoners. - The penalty of
prision correccional in its medium period to prision mayor in
its minimum period,7 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, 8 temporary special
disqualification9 and a fine not exceeding One hundred thousand pesos
(Pl00,000), in addition to his liability for the physical injuries or damage.
(As amended by
E.O. No. 62 and R.A. No. 10951)

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.
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 and
shall be fined from Forty thousand pesos
(P40,000) to One hundred thousand pesos
(Pl00,000). (As amended by R.A. No 10951)
Elements:
 1. That the offender is entitled to
hold a publicoffice 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. r
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 shall
.
suffer the. penalties of prision correccional
' in its minimum period,10
special temporary disqualification in its minimum period11 and a fine
. One hundred thousand pesos (Pl00,000). (As amended by
not exceeding
R.A. No.10951)

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.
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, shall suffer the penalty of arresto
mayor.12
If such office shall have been abandoned in order to evade the
discharge of the duties of preventing, prosecuting, or punishing any of
the crimes falling within Title One, and Chapter One of Title Three of
Book Two of this Code, the offender shall be punished by prision
correccional in its minimum and medium periods,13 and by arresto
mayor14 if the purpose of such abandonment is to evade the duty of
preventing, prosecuting, or punishing any other crime.

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.

Section Three. - Usurpation of powers and unlawful appointments

Art. 239. Usurpation of legislative powers. - The penalties of prision correccional

in its minimum period,II§ temporary special disqualification,16 and a fine not
exceeding Two hundred thousand pesos (P200,000), 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. (As amended by RA. No. 10951)

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, shall suffer
the penalty of arresto mayor 1n its medium period to prision
.
correccional in its minimum period

Elements:
1. That the offender is ajudge.
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

Art. 241. Usurpation of judicial functions. - The penalty of arresto mayor in its
medium period to prision correccional in its minimum period18 shall be imposed
upon any officer of
The executive branch of the Government who shall assume Jud1c1 I powers or
shall obstruct the execution of any order or dec1s1on rendered by any judge
within his jurisdiction.

Elements:
1. That the offender is an officer of the executive branch of the
Government.
2. That e (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, shall be punished
by arresto mayor19 and a fine not exceeding One hundred thousand pesos
(Pl00,000). (As amended by RA. No.10951).

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, shall suffer the penalty of arresto mayor20
and a fine not exceeding One hundred thousand pesos (P100,000). (As amended
by R.A. No. 10951)

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.

Art. 244. Unlawful appointments. – Any public officer who shall knowingly
nominate or appoint to any public office any person lacking the legal
qualifications therefor, shall suffer the penalty of arresto mayor and a fine not
exceeding Two hundred thousand pesos (P200,000). (As amended by R.A. No.
10951)

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.
TITLE SEVEN Crimes Committed By Public Officers

Section Four. – Abuses against chastity

Art. 245. Abuses against chastity - Penalties. - The penalties of prision

correccional in its medium and maximum periods and temporary special
disqualification 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, the
penalties shall be prision correccional in its minimum and medium periods24 and
temporary special disqualification.

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.
 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)

Section One. - Parricide, murder, homicide

Art. 246. Parricide. - Any person who shall kill his father, other, orchild, whether
legitimate or illegitimate, or an of his ascendants, or descendants, or his spouse,
shall be gu lty of parricide and shall be punished by the penalty of reclusion
perpetua to death.1 (As amended by R.A. No. 7659)

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.

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 Article 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 death' 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.
(As amended by R.A. No. 7659)
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.
(As amended by R.A. No. 7659)

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 Article 248.

4. The killing is not parricide or infanticide.

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, shall be
deemed guilty of homicide and be punished by reclusion temporal.

Homicide, defined.

Homicide is the unlawful killing of any person, which is neither

parricide, murder, nor infanticide.

Elements:

1. That a person was killed;

2. That the accused killed him without anyjustifying 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.

Art. 250. Penalty for frustrated parricide, murder, or homicide. - The

courts, in view of the facts of the case, may impose upon the person
guilty of the frustrated crime or parricide, murder, or homicide, defined
and penalized in the preceding articles, a penalty lower by one degree
than that which should be imposed under the provisions of Article 50.

The courts, considering the facts of the case, may likewise reduce by
one degree the penalty which under Article 51 should be imposed for an
attempt to commit any of such crimes.

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 periods 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

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. 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 rescribed 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.

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.12 (As amended by R.A. No. 7659)

Infanticide, defined.

Infanticide may be defined as the killing of any child less than three
days of age, whether the killer is the parent or grandparent, any other
relative of the child, or a stranger.

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,18 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, defined.

Carrara has defined abortion as the willful killing of the fetus in the
uterus, or the violent expulsion of the fetus from the maternal womb
which results in the death of the fetus

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 fetus dies, either in the womb or
after having been expelled therefrom;

d. That the abortion is intended.

Art. 257. Unintentional abortion. - The penalty of prision correccional in

its minimum and medium periods16 shall be 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 fetus dies, either in the womb or
after having been expelled therefrom.

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.18

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.19

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.

Art. 259. Abortion practiced by a physician or midwife and dispensing of

abortives. – The penalties provided in Article 256 shall be imposed in its
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 One hundred thousand pesos (P100,000). (As amended by
R.A. No. 10951)

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 the pharmacists, the elements are:

1. That the offender is a pharmacist.

from a physician.
2. That the offender dispenses any abortive.

3. That there is no proper prescription

Art. 260. Responsibility of participants in a duel. - The penalty of

reclusion temporal21 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.

Duel 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.

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 Article 261:

1. By challenging another to a duel.

2. By inciting another to give or accept a challenge to a duel. 3

3. By scoffing at or decrying another publicly for having refused to

accept a challenge to fight a duel.