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.
References
⦁ Title 8 – Crimes Against Persons, Book 2, Revised Penal Code
/Updated: January 18, 2023
