Physical injuries inflicted in a tumultuous affray, 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

Elements of the offense:

1) There is a tumultuous affray as referred to in Article 251 of the Revised Penal Code;

2) Only serious or less serious physical injuries are inflicted upon the participants thereof; and,

3) The person responsible thereof cannot be identified.

References

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

/Updated: January 18, 2023
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