Art. 260. Responsibility of participants in a duel. — The penalty of reclusion temporal shall be imposed upon any person who shall kill his adversary in a duel. If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature.
In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted.
The seconds shall in all events be punished as accomplices.
DUEL - is a formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight.
Acts punished:
1. By killing one’s adversary in a due.
2. By inflicting upon such adversary, physical injuries.
3. By making a combat although no physical injuries have been inflicted.
Who are liable in a duel?
1. The person who killed or inflicted physical injuries upon his adversary or both combatants in any other case, as principals.
2. The seconds, as accomplices.
• If death results, the penalty is the same as that of homicide.
• Must the penalty be that for physical injuries only when the agreement is to fight to the death? Art. 260 makes no distinction and the rule is that we must not distinguish if the law does not distinguish.
• The general principle is that when there is intent to kill, the inflicting of physical injuries is either attempted or frustrated homicide. The penalty for duel, when a person kills his adversary is the same as that for homicide because when death results, the intent to kill is conclusively presumed.
• When there is an agreement to fight to the death, there is intent to kill on the part of the combatants. However, the Code disregards the intent to kill in considering the penalty for duel when only physical injuries are inflicted.
• If NO PHYSICAL INJURIES are inflicted in a duel, the penalty to be imposed upon the combatants is arresto mayor. On the other hand, if a person inflicted upon his adversary in a duel, physical injuries only, he shall suffer the penalty provided therefore, according to their nature.
• If a person inflicted slight physical injuries upon his adversary in a duel, the penalty is arresto menor and not arresto mayor.
• Par. 3 applies only when no physical injuries are inflicted by either of the combatants on the other. In which case, both of the combatants shall be punished by arresto mayor.
Source:
Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed.
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