Challenging to a Duel

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

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 refuses to accept a challenge to fight a duel. 

Persons responsible: 

1.  Challenger 

2.  Instigators 

ELEMENTS:


1. Previous agreement to engage in a combat;


2. Two or more seconds for each combatant; and


3. Choice of arms and other terms of agreement must be agreed upon by the seconds.

NOTES:

• Not all pre-agreed fights is a duel because the elements above must be complied with. 


• A challenge to fight, without contemplating a duel is not a “challenging to a duel.” The person making the challenge  must have in mind a formal combat to be concerted between him and the one who challenged in the presence of two or more seconds . 

• A person who had ill-feelings and moved by hatred, the accused challenged the offended party to a duel, inciting the latter to accept said challenge by uttering: “Come down, let us measure your prowess, we shall see whose intestine will come out. You are a coward if you do not come down.” The offended party refused to come down and accept the challenge. Later when the accused saw the offended party running toward a nearby house, the accused chased him but desisted upon seeing that the offended party had a companion. The accused was found guilty only of LIGHT THREATS. 

References: 

Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.

Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed.