Art. 264. Administering injurious substances or beverages. — The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.
ELEMENTS
1. 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.
NOTES
• If the offender had any intention to kill, the crime would be frustrated murder, the injurious substance to be considered as poison.
• If the accused did not know of the injurious substances he administered , he is not liable under this article.
• Administering injurious substance means the introducing into the body the substance. Throwing mordant chemicals or poisons on the face or upon the body is not contemplated in this article because it is not administering.
• This article does not apply when the physical injuries that result are less serious or slight because if specifically mentioned “any serious physical injuries”
• “Taking advantage of his weakness of mind or credulity” may take place in the case of witchcraft, philters, magnetism, etc.
Source:
Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed.
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