TITLE VIII.

CRIMES AGAINST PERSONS

CATEGORIES:
I. DESTRUCTION OF LIFE
Art.246. Parricide
 Art.248. Murder
 Art.249. Homicide
Art.253. Giving Assistance to Suicide
 Art.255. Infanticide
 Art.256. Intentional Abortion
 Art.257. Unintentional Abortion
 Art.258. Abortion Practiced by the Woman Herself or By Her Parents
Art.259. Abortion Practiced by A Physician or Midwife
II. PHYSICAL INJURIES
Art.262. Mutilation
Art.263. Serious Physical Injuries
Art.264. Administering Injurious Substance or Beverages
Art.265. Less Serious Physical Injuries
Art.265. Slight Physical Injuries and Maltreatment
III. RAPE

HOMICIDE
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.

ELEMENTS of Homicide:
1. That a person was killed;
2. Without any justifying circumstances;
3. That the accused had the intention to kill, which is presumed; and
4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or
infanticide.

A. THE VICTIM SHOULD HAVE DIED. – fact of death and identity of victim (corpus delicti) must be proved.
The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated
HOMICIDE. When the victim dies, intent to kill becomes irrelevant. It is important only if the victim did not die to
determine if the felony is attempted or frustrated homicide.

B. INTENT TO KILL- for there to be intent to kill, the victim should have died and there must be a deliberate act.
Intent to kill is presumed when death resulted, because with respect to crimes of personal violence, the penal laws hold
the aggressor responsible for ALL the consequences of his unlawful act.
-Intent to kill is conclusively presumed when death resulted. Hence, evidence of
intent to kill is required only in attempted or frustrated homicide.
-intent to kill (in frustrated and attempted homicide) is shown by the
1. MEANS used by the offender
2. NATURE, LOCATION AND NUMBER OF WOUNDS inflicted by offender/accused
3. CONDUCT OF ACCUSED prior to, at the time, immediately after the commission of the offense
4. CIRCUMSTANCES SURROUNDING THE KILLING
5. MOTIVES of the offender

C. NO JUSTIFYING CIRCUMSTANCES

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where the act of a person is in accordance with law such that said person is deemed not to have violated the law.
General Rule: No criminal and civil liability incurred. Exception: There is civil liability with respect to par. 4 where the
liability is borne by persons benefitted by the act.

1. Self- defense - Unlawful Aggression, Reasonable necessity of the means employed to prevent or repel it,  Lack of
sufficient provocation on the part of the person defending himself
NOTE: the defense must be made during the existence of the aggression (actual physical assault); the life and limb of the
accused is in imminent and immediate danger
- Must use reasonable force based on (1) weapon used by aggressor, (2) physical condition, character, size
and  other circumstances of aggressor, (3) physical condition, character, size and circumstances of person defending
himself (4) place and occasion of assault
2. Defense of Relative – spouse, ascendants, descendants, siblings, 4th civil degree of consanguinity
3. Defense of Stranger - person defending be not induced by revenge, resentment or other evil motive
4. State of Necessity (Avoidance of Greater Evil or Injury)
5. Fulfillment of Duty or Lawful Exercise of a Right or Office example: police officer on duty using necessary force to
apprehend the accused.
6. Obedience to a Superior Order – sheriff of courts - demolition of a building with a court order/writ of demolition, A
military pilot receives an order to bomb a building in a densely populated city. He is told that the order has received legal
“clearance” from military legal advisors. ( not valid- order was patently illegal)
EXAMPLES:
1. A only intended to inflict physical injuries on B for eating his pancit. However, when he punched B hard on the
face, he fell and hit his head on the concrete pavement which resulted in his death. ANSWER: A is liable for
homicide even though he did not intend to kill him. He was still doing an unlawful act when he punched B on the
face. A is liable for ALL the consequences or material result of his act of punching B on the face.

MURDER

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 temporal in its maximum period 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 street car or locomotive, 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.

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 ELEMENTS:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the following qualifying circumstances above-mentioned.
4. The killing is not parricide or infanticide.

QUALIFYING CIRCUMSTANCES: Aggravating circumstances that when present changes the nature of the
crime.
Note: Murder will exist with only one of the circumstances described in Article 248. When more than one of said
circumstances are present, the others must be considered as generic aggravating.
-Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as
generic aggravating circumstances.

KINDS OF AGGRAVATING CIRCUMSTANCES

GENERIC QUALIFYING
-Can attend the commission of any crime Change the nature o f the crime example from homicide
to murder
-increases the penalty in terms of its Increases the penalty by a DEGREE
PERIOD(minimum, medium, maximum
Those mentioned in Article 14, paragraphs No. 1, 2, Those mentioned in Article 248
3, 4, 5, 6, 9, 10, 14, 18, 19 and 20, of the Revised
Penal Code. 

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
a. Treachery - the offender commits any of the crimes against the person, employing means, methods or forms
in the execution thereof which tend directly and specially to insure its execution without risk to himself
arising from the defense which the offended party might make.
Requisites:
   1. That at the time of the attack, the victim was not in a position to defend himself;
EXAMPLE: Victim was killed while sleeping, or while his back was turned to the assailant
   2. That the offender consciously adopted the particular means, method or form of attack employed by him.
NOTE: Treachery ALWAYS applies in the killing of a child of TENDER YEARS (BELOW 7 YEARS
OLD) even if the manner of attack is not shown.
-A sudden and unexpected attack under circumstances which render the victim unable to defend himself by
reason of the suddenness and severity of the attack constitutes treachery or alevosia
- When there is treachery, it is impossible for either the intended victim or the actual victim to defend himself
against the aggression.
b. Abuse of superior strength
TEST for abuse of superior strength: the relative strength of the offender and his victim and whether or not he
took
   advantage of his greater strength.

   When there are several offenders participating in the crime,they must ALL be principals by direct
participation and their attack against the victim must be concerted and intended to be so.

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    Abuse of superior strength is also present when the offender uses a weapon which is out of proportion to the
defense
   available to the offended party.
c. With the aid of armed men
- Compose of less than 3 armed men/women, otherwise employment of a band, that the armed men or
persons took part in the commission of the crime, directly or indirectly and that the accused availed
himself of their aid or relied upon them when the crime was committed
d. Employed means to weaken the defense - the offender employs means that materially weaken the resisting
power of
   the offended party.
      Ex:
      1. One who, while fighting with another, suddenly casts sand upon the latter eyes and then kills him.
      3. When the offender, who had the intention to kill the victim, made the deceased intoxicated, thereby
materially
         weakening the latter’s resisting power.
2. In consideration of a price, reward, or promise.
NOTE: a. There are at least 2 principals:  - The principal by inducement (one who offers) and the the
principal by direct participation (accepts).
b. The price, reward, or promise should be previous to and in consideration of the commission of
the
            criminal act (The inducement must be the primary consideration for the commission of the crime.
c. The circumstance is applicable to both principals. It affects the person who received the price / reward
as
         well as the person who gave it.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other
means involving great waste and ruin.
- The circumstances under this paragraph will only be considered as aggravating if and when they are used
by  the offender as a means to accomplish a criminal purpose. When another aggravating circumstance
already qualifies the crime, any of these aggravating circumstances shall be considered as generic
aggravating circumstance only

 -When used as a means to kill another person, the crime is qualified to murder.
- THERE MUST BE INTENT TO KILL if the crime was committed under any of this qualifying
circumstance, otherwise, only HOMICIDE.
- Treachery and Premeditation are INHERENT in murder by poison and cannot be considered as
aggravating circumstances for the purpose of further increasing the penalty.
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.
- Essence of premeditation: The execution of the criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive
at a calm judgment.

-To establish evident premeditation, it must be shown that there was a period sufficient enough to afford
full opportunity for meditation and reflection, a time adequate to allow the conscience to overcome the
resolution of the will, as well as outward acts showing the intent to kill. It must be shown that the
offender had sufficient time to reflect upon the consequences of his act but still persisted in his
determination to commit the crime.

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 - Premeditation is absorbed by reward or promise.

-When the victim is different from that intended, premeditation is not aggravating. However, if the
offender premeditated on the killing of any person, it is proper to consider against the offender the
aggravating circumstance of premeditation, because whoever is killed by him is contemplated in his
premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
CRUELTY - Under Article 14, the generic aggravating circumstance of cruelty requires that the victim be alive,
when the cruel wounds were inflicted and, therefore, must be evidence to that effect. Yet, in murder, aside from
cruelty, any act that would amount to scoffing or decrying the corpse of the victim will qualify the killing to
murder.
 Dismemberment of a dead body is one manner of outraging or scoffing at the corpse of the victim.

7. The killing of a person under the influence of prohibited drugs is a qualifying, aggravating circumstance
under . Sec. 25, R.A. No. 9165 and constitutes murder .

EXAMPLE:
1. Fidel and Fred harbored a long-standing grudge against Jorge. After weeks of surveillance, they finally cornered Jorge
in Ermita, Manila, when the latter was walking home late at night. Fidel and Fred forcibly brought Jorge to Zambales
where they kept him hog-tied in a small nipa house located in the middle of a rice field. Two days later, they killed Jorge
and dumped his body into the river. What crime or crimes did Fidel and Fred commit?
ANSWER: Fidel and Fred committed the crime of Murder under Art 248, RPC, the killing being qualified by evident
premeditation. This is due to the long-standing grudge entertained by the two accused. The intention of the accused is
determinative of the crime committed. Where the intention is to kill the victim and the latter is forcibly taken to another
place and later killed, it is murder. There is no indication that the offenders intended to deprive the victim of his liberty.
Whereas, if the victim is kidnapped, and taken to another situs and killed as an afterthought, it is kidnapping with
homicide under Art. 267, RPC.
2. A & B Intending to make fun of a retard, C. They poured gasoline on the latter while A set him on fire. The retard
died. CRIME COMMITTED: Only homicide. There was no animosity between the two accused and the victim such that
it cannot be said that they resort to fire to kill him. It was merely a part of their fun making but because their acts were
felonious, they are criminally liable.
Intent was to burn the property and someone died inside: COMPLEX CRIME OF ARSON WITH HOMICIDE.
Intent was to conceal the killing – separate crimes: homicide and arson
Intent was to kill by means of fire – murder
3. A stabbed an innocent bystander who bumped him. The bystander died. A was tested positive for “SHABU” at the time
of the filing. MURDER
4. The accused, not intending to kill the victim, treacherously shot the victim while the victim was turning his back to him.
He aimed at and hit the victim only on the leg. The victim, however, died because of the loss of blood. Can the accused be
liable for homicide or murder, considering that treachery was clearly involved but there was no attempt to kill. ANSWER:
HOMICIDE only.
5. Jose crossed the street and was hit by a speeding van. The driver, Kaloy stopped his car after hitting Jose but then
reversed his gears and ran over Jose's prostrate body anew and third time by advancing his car forward. Jose died as a
result. MURDER qualified with TREACHERY.

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 Note: when more than one circumstances are present, the others must be considered as generic aggravating
circumstances
Example: 1. A kills B after 2 weeks of planning. He hired C to do the killing. What crime was committed. Answer:
MURDER. Qualified by Evident Premeditation. In consideration of a price, reward or promise is only generic
aggravating which shall fix the period
PARRICIDE
ART.246. Parricide
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 and shall be punished by the penalty of reclusion
perpetua to death.

ELEMENTS of Parricide
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
a. father, mother, or
b. child, whether legitimate or illegitimate, or
c. legitimate other ascendant or other descendant, or
d. legitimate spouse of the accused.
NOTE:
1. The relationship of the offender with the victim is the essential element of parricide.
2. Essential element: relationship of offender with the victim; except for spouses, only relatives by blood and in direct line
(adopted are not included)
3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate
or illegitimate.
4. Relationships must be alleged and proved. If not, the relationship would only be considered as aggravating
circumstances.

5. A stranger who cooperates in committing parricide is liable for murder or homicide.

7. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law
does not require knowledge of the relationship.
Examples:

1. X killed Y. He did not know that Y was his father. What crime is committed? Parricide. The law does not require
“knowledge of the relationship”. However penalty to be imposed is not that of parricide but homicide.
2. Suppose X knew before the killing that Y is his father, but he nevertheless killed him out of bitterness for having
abandoned him and his mother, what crime did X commit? Parricide. Penalty to be imposed is Reclusion Perpetua
to death.
3. X killed his sibling. What crime was committed. Homicide only. Sibling is not one of those enumerated.

INFANTICIDE
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.

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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 correccional 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 prision mayor.
ELEMENTS:
1. That a child was killed;
2. That the deceased child was less than three days (72 hours) of age; and
3. That the accused killed the said child.

If the offender is the parent and the victim is less than three days old, the crime is infanticide and not parricide. The fact
that the killing was done to conceal her dishonor will not mitigate the criminal liability anymore because concealment of
dishonor in killing the child is not mitigating in parricide.

There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when
it was killed. A stranger who cooperates in the perpetration of infanticide committed by the mother or grandparent on the
mother’s side is liable for infanticide, but he must suffer the penalty prescribed for murder.
EXAMPLE: Ana was impregnated by Onyok. They are both students. She kept her pregnancy a secret. Ana gave birth in
the school bathroom to a full-term baby. She asked help from Onyok and they both threw the baby in s school trashcan.
The baby died. What crime was committed? INFANTICIDE. Baby was less than three days old.
ABORTION
ART.256 INTENTIONAL ABORTION

ELEMENTS:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant
woman;
3. 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.
4. That the abortion is intended.

A fetus six months old and below cannot subsist by itself, outside the maternal womb. Abortion usually means expulsion
before 6th month or before term of its viability
Abortion vs Infanticide
-Abortion, as long as fetus dies as a result of violence used or drugs administered
-Infanticide, if: (1) Fetus could sustain independent life after its separation from maternal
womb, and (2) it is killed

If Fetus survives in spite of attempt to kill it or use of violence:

a. Abortion intended, all acts of execution performed –
   frustrated intentional abortion
b. Abortion not intended, fetus does not die – physical injuries
No frustrated unintentional abortion

Ways of committing intentional abortion

1. Using any violence upon the person of the pregnant woman;
2. Acting, but without using violence, without the consent of  the woman. (By administering drugs or beverages upon such
pregnant woman without her consent.)
3. Acting (by administering drugs or beverages), with the consent of the pregnant woman.
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If the mother as a consequence of abortion suffers death or physical injuries, you have a complex crime of murder or
physical injuries and abortion.

In intentional abortion, the offender must know of the pregnancy because the particular criminal intention is to cause
an abortion upon her, If offender does not know the pregnancy, the crime will be homicide, serious physical injuries

Frustrated abortion is committed if the fetus that is expelled is viable and, therefore, not dead as abortion did not result
despite the employment of adequate and sufficient means to make the pregnant woman abort.

ART.257. Unintentional Abortion

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; and
4. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom.
VIOLENCE
-Violence must be intentionally exerted

- Requires physical violence inflicted deliberately and voluntarily by a third person upon the pregnant
woman.

- If the act of violence is not felonious, that is, act of self-defense, and there is no knowledge of the
woman’s pregnancy, there is no liability. If the act of violence is not felonious, but there is knowledge of
the woman’s pregnancy, the offender is liable for unintentional abortion.
-
KNOWLEDGE OF PREGNANCY
For the crime of abortion, even unintentional, to be held committed, the accused must have known of the
pregnancy.
The accused can only be held liable if he knew that the woman was pregnant. If there is no intention to cause
abortion and neither was violence exerted, Arts. 256 and 257 does not apply.
If the pregnant woman aborted because of intimidation, the crime committed is not unintentional abortion because
there is no violence; the crime committed is light threats.
If the pregnant woman was killed by violence by her husband, the crime committed is the complex crime of
parricide with intentional abortion.
Unintentional abortion may be complexed with other crimes such as parricide or homicide
Unintentional abortion may be committed through negligence as it is enough that the use of violence be voluntary.

ART. 247 Death Or Physical Injuries Under Exceptional Circumstances

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

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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.

ELEMENTS:
1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them)
in the act of committing sexual intercourse with another person;
2. He/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; and
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the
infidelity of the other spouse.
NOTE:
1. This article does not define or penalize a felony. This is an exempting circumstance, the penalty is destierro.
2. Penalty of destierro for killer spouse is meant to protect him from acts of reprisal by relatives of dead spouse.
3. It is not necessary that the parent be legitimate for the application of this article.
4. This article applies only when the daughter is single.
5. Surprise means to come upon suddenly or unexpectedly.
6. Art. 247 is applicable even when the accused did not see his spouse in the act sexual intercourse with another person. It
is enough that circumstances reasonably show that the carnal act is being committed or has been committed.
7.Sexual intercourse does not include preparatory acts. (FOREPLAY)
8. Article does not apply: If the surprising took place before any actual sexual intercourse could be done or after the actual
sexual intercourse was finished.
9. “Immediately thereafter” means that the discovery, escape, pursuit and the killing must all form parts of one continuous
act.
10. Immediately thereafter – may be an hour after proximate result of outrage overwhelming accused  after chancing upon
spouse in basest act of infidelity.
11. The killing must be the direct by-product of the rage of the accused.
12. No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in case third
persons caught in the crossfire suffer physical injuries, the accused is not liable for physical injuries. The principle that
one is liable for the consequences of his felonious act is not applicable, because his act under Art.247 does not amount to
a felony.

ART.253. Giving Assistance to Suicide

ACTS PUNISHABLE:
1. Assisting another to commit suicide, whether the suicide isconsummated or not.
2. Lending his assistance to another to commit suicide to the extent  of doing the killing himself.
NOTE:
A. A person who attempts to commit suicide is not criminally liable.

B. Giving assistance to suicide means giving means (arms, poison, etc.) or whatever manner of positive and direct
cooperation (intellectual aid, suggestions regarding the mode of committing suicide, etc.).
C. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was
expelled, is not liable for abortion.
D. Assistance to suicide is different from mercy- killing. Euthanasia or mercy-killing is the practice of painlessly putting
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to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who
resorts to euthanasia may be held liable for murder.

E. Penalty is mitigated if suicide is not successful.

F. The person attempting to commit suicide is not liable if he survives.

G. Euthanasia is not lending assistance to suicide. In euthanasia, the victim is not in a position to commit suicide. A doctor
who resorts to euthanasia of his patient may be liable for murder.

ART.254. Discharge Of Firearms

ELEMENTS:
1. That the offender discharges a firearm against or at another person; and
2. That the offender has no intention to kill that person.
NOTE:
1. The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at
a person, the act is not punished under this article. Usually, the purpose of the offender is only to intimidate or frighten the
offended party.
2. No crime if firearm is not discharged.
3. A discharge towards the house of the victim is not discharge of firearm. Firing a gun at the house of the offended party,
not knowing in what part of the house the people were, is only alarm under Art. 155.
4. If there is intention to kill, it may be classified as frustrated or attempted parricide, murder, or homicide.
5. No intent to kill if the distance is 200 meters.
6. There is a special complex crime of illegal discharge of firearm with serious or less serious physical injuries.
7. It is essential for prosecution to prove that the discharge of firearm was directed precisely against the offended party.
8. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards.
9. A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired as long as
it was initially aimed at or against the offended party.

TYPES OF PHYSICAL INJURIES

Art.262. Mutilation
Art.263. Serious Physical Injuries
Art.264. Administering Injurious Substance Or Beverages
Art.265. Less Serious Physical Injuries
Art.265. Slight Physical Injuries And Maltreatment

ART.262. Mutilation

KINDS OF MUTILATION:
1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction.
2. Intentionally making other mutilation, i.e. lopping, 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 THE FIRST KIND OF MUTILATION:

1. Castration, i.e. mutilation of organs necessary for generation such as the penis or ovarium; and
2. Purposely and deliberately.
In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation
of the second kind.

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Intent to mutilate must be established. If there is no intent, the crime is only serious physical injury.

SERIOUS LESS SERIOUS SLIGHT

PHYSICAL PHYSICAL PHYSICAL
INJURIES INJURIES INJURIES
Illness/ Incapacity for Beyond 30 days 10-30 days 1-9 days
labor (# of days)
Medical Attendance 10-30 days 1-9 days
(treatment) and healing
duration (# of days)
HOW COMMITTED Wounding, beating, Wounding, beating, Wounding, beating,
assaulting assaulting assaulting

ART.263. Serious Physical Injuries

SERIOUS PHYSICAL INJURIES:

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, loses an eye, a hand, foot, arm or leg,
b. loses the use of any such member, or
c. becomes incapacitated for the work in which he had been habitually engaged

3. When the injured person –

a. becomes deformed,
b. loses any other member of his body,
c. loses the use thereof, or
d. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more
than 90 days

4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but not more than
90 days).
NOTE:
1. Serious physical injuries may be committed through reckless imprudence or simple imprudence.
2. There must be no intent to kill.
3. If the injury would require medical attendance for more than 30 days, the illness of the offended party may
be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time
shows that the injuries were not cured for that length of time.
4. Under paragraph 4, all that is required is illness or incapacity, not medical attendance..
5. The reason why there is no attempted or frustrated physical injuries is because the crime of physical injuries is
determined on the gravity of the injury. It is a crime of result. As long as the injury is not there, there can be
no attempted or frustrated stage thereof.
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ART.265. Less Serious Physical Injuries

ELEMENTS:
1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs
medical attendance for the same period of time; and
2. That the physical injuries must not be those described in the preceding articles.

This article applies even if there was no incapacity but the medical treatment was for more than 10 days.

ART.266 SLIGHT PHYSICAL INJURIES

THREE (3) KINDS:
1. That which incapacitated the offended party for labor from 1-9 days or  required medical attendance during the
same period.
2. That which did not prevent the offended party from engaging in his habitual work or which did not require
medical attendance (Ex. blackeye).
3. Ill-treatment of another by deed w/o causing any injury.
   (Ex. slapping but w/o causing dishonor)

NOTE:
1. But if the slapping is done to cast dishonor upon the person slapped, or to humiliate or embarrass the offended
party out of a quarrel or anger, the crime is slander by deed.

2. Between slight physical injuries and less serious physical injuries, not only the healing duration of the injury
will be considered but also the medical attendance required to treat the injury. So the healing duration may be
one to nine days, but if the medical treatment continues beyond nine days, the physical injuries would already
qualify as less serious physical injuries. The medical treatment may have lasted for nine days, but if the offended
party is still incapacitated for labor beyond nine days, the physical injuries are already considered less serious
physical
injuries.

3. Where there is no evidence of actual injury, it is only slight physical injuries. In the absence of proof as to the
period of the offended party’s incapacity for labor or of the required medical attendance, the crime committed is
slight physical injuries.

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