Mutilation

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

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

MUTILATION means the chopping off of a part of the body which is not susceptible to grow again

•  Putting out of an eye does not fall under this definition. 

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

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. 

•  Castration consists of the amputation of whatever organ is necessary for generation. The law could not fail to punish with the utmost severity such a crime, which, although not destroying life, deprives a person of the means to transmit it. But according to this article, in order for “castration” to exist, it is         indispensable  that the “ castration ” be  made   purposely . The law does not look only to the result but also to the intention of the act. 

•  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 the part of his body, it is other intentional mutilation, under the second paragraph of Art.262. 

•  If 2 people fight with a bolo and a body part (ex. ear) was cut-off, there is physical injuries only because there is no specific intent to chop-off the ear. But if he intended to cut it off, there is mutilation.

•  “Mayhem” is the term used for “other mutilation”  

•  The penalty when the victim of other intentional mutilation is under 12 years old shall be one degree higher than that imposed by law. 

•  The offender must have the intention to deprive the offended party of a part of his body. 

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.