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 thereof 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 cannot be identified;
4. That all those who appear to have used violence upon the person of the offended party are known.
• The physical injuries must be serious or less serious. If only SLIGHT, no crime is committed but if the offender is known in slight physical injuries, he will be prosecuted therefor, not under Article 252. The law presumes that if a person participates in an affray, he is liable to be hurt. Hence, he is to be blamed in case of slight physical injuries to himself.
• The injured party must be ONE or SOME of the participants in the affray, unlike in Art. 251.
• Penalty is one degree lower than that provided for the physical injuries inflicted.
• Only the one who used violence is liable. If the one who inflicted physical injuries is known, he will be liable for the physical injuries actually committed.
• There is no clear provision for SLIGHT physical injuries in a tumultuous affray. The second paragraph mentions physical injuries of a less serious nature. It seems that they refer to less serious physical injuries. It being the intention of Legislature to provide a penalty one degree lower for crimes committed during a tumultuous affray, and considering that the penalty for slight physical injuries is at most arresto menor, and one degree lower than that is public censure, it is believed that in providing for the penalty of arresto mayor from 5-15 days for physical injuries of a less serious in a tumultuous affray, the Legislature intended to EXCLUDE slight physical injuries.
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.
0
Comments
