Death or physical injuries inflicted under exceptional circumstances, Revised Penal Code

1. Concept and legal basis

Article 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. (Act 3815, Revised Penal Code)

2. Elements of the offense

a. 1st Mode

Elements of the offense:

1) That a legally married person surprises his spouse in the act of committing sexual intercourse with another person; and,

2) That he kills any of them or both of them in the act or immediately thereafter. (People v. Abarca, G.R. No. 74433, 14 September 1987)

b. 2nd Mode

Elements of the offense:

1) The offenders are legal p...