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. 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.
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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
1. THAT THERE IS A TUMULTUOUS
AFFRAY AS REFERRED TO IN THE
PRECEDING ARTICLE.
2. THAT A PARTICIPANT OR SOME
PARTICIPANTS THEREOF SUFFER
SERIOUS PHYSICAL INJURIES OR
PHYSICAL INJURIES OF A LESS
SERIOUS NATURE ONLY.
3. THAT THE PERSON RESPONSIBLE
THEREFOR CANNOT BE
IDENTIFIED.
4. THAT ALL THOSE WHO APPEAR
TO HAVE USED VIOLENCE UPON
THE PERSON OF THE OFFENDED
PARTY ARE KNOWN.
F I T N E S S P R E S E N T A T I O N 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.
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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.
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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)
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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.
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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.
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