Mutilation, Revised Penal Code

1. Concept and legal basis

Article 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. (Act 3815, Revised Penal Code)

a. Mutilation

The ordinary usage of the term “mutilation” is the deprivation of a limb or essential part (of the body), with the operative expression being “deprivation.” (Aguirre v. DOJ, supra.)

1) Vasectomy

Vasectomy does not deprive a man, totally or partially, of some essential organ of reproduction. (Ibid.)

2) Castration

The word “castration” is defined as the removal of the testies or ovaries. (Ibid.)

2. Elements of the offense

a. 1st Mode

Elements of the offense:

1) That there be a castration, that is, mutilation of organs necessary for generation; and,

2) That the mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ for reproduction. (Aguirre v. DOJ, G.R. No. 170723, 03 March 2008)

b. 2nd Mode

Elements of the offense:

1) That there be a mutilation of organs not relating to organs of reproduction; and,

2) That the mutilation is caused purposely and deliberately.


Title 8 – Crimes Against Persons, Book 2, Revised Penal Code

/Updated: January 18, 2023

Content Details

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected. Please refer to our full Disclaimer.

For updates: If the legal provisions being discussed have been amended or repealed by legislation or has been the subject of a Supreme Court decision which may have impacted how it is interpreted, do let us know so we can consider for the next update. Reach out via our Contact Us

Related Content

Cybercrime Prevention Act of 2012

“Access” – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system

Videos & Podcasts

Legal Maxims

index animi sermo

Latin maxim. • “speech is the index of intention” (Bolos v. Bolos, G.R. No. 186400, October 20, 2010)

non bis in idem

Latin maxim. • “not twice for the same” (Tacas v. Cariaso, G.R. No. L-37406, August 31, 1976)

See more

Law Content