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.

1. Tumultuous Affray Physical Injury Tumultuous Affray Physical Injury Art. 252 Physical injuries inflicted in a tumultuous affray Santos, Racheal B.

2. 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. 2 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.

3. ELEMENTS ELEMENTS ELEMENTS That there is a tumultuous affray as referred to in the preceding article. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. That the person responsible therefor cannot be identified. That all those who appear to have used violence upon the person of the offended party are known. Fitness Presentation 3

4. When in a tumultuous affray, only serious physical injuries are inflicted When a person is killed in the course of the affray, and the one who inflicted serious physical injuries is known, Art. 252 is not applicable to those who used violence, because that article applies when in a tumultuous affray, only serious physical injuries or physical injuries of a less serious nature are inflicted. 4 When in a tumultuous affray, only serious physical injuries are inflicted

5. Inflicted upon the participants thereof Unlike the victim in Art. 251, the injured party in the crime of physical injuries inflicted in a tumultuous affray must be one or some of the participants in the affray. 5 Inflicted upon the participants thereof

6. Penalty is one degree lower than that for the physical injury inflicted 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. (Art. 252, par. 1) 6 Penalty is one degree lower than that for the physical injury inflicted

7. Only the one who used violence is liable Note that only those who used violence are punished, because if the one who caused the physical injuries is known, he will be liable for the physical injuries actually committed (Arts. 263, 265 and 266), and not under this article. 7 Only the one who used violence is liable

8. Are slight physical injuries included? 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 will be noted that the penalty for physical injuries inflicted in a tumultuous affray is one degree lower than that provided for the physical injuries so inflicted. (Art. 252, par. 1) Even in homicide caused in a tumultuous affray, the penalty is one degree lower than that provided for homicide. (Art. 251, par. 1 ) It being the intention of the Legislature to provide a penalty one degree lower for crimes committed during a tumultuous affray, and considering that the penalty for slight physical injuries under Art. 266 is at most arresto menor , and the penalty one degree lower from arresto menor is public censure (Art. 71), it is believed that in providing the penalty of arresto mayor from five to fifteen days for physical injuries of a less serious nature in a tumultuous affray, the Legislature intended to exclude slight physical injuries. 8 Are slight physical injuries included?

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