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Serious Physical Injuries


ART.263

HOW COMMITTED:
1. Wounding;
2. Beating;
3. Assaulting; or
4. Administering injurious substances.

SERIOUS PHYSICAL INJURIES:
1. When the injured person becomes insane, imbecile, impotent or
   blind in consequence of the physical injuries inflicted.
2. When the injured person –
   a. loses the use of speech or the power to hear or to smell,
      loses an eye, a hand, foot, arm or leg,
   b. loses the use of any such member, or
   c. becomes incapacitated for the work in which he had been
      habitually engaged
3. When the injured person –
   a. becomes deformed,
   b. loses any other member of his body,
   c. loses the use thereof, or
   d. becomes ill or incapacitated for the performance of the
      work in which he had been habitually engaged in for more
      than 90 days
4. When the injured person becomes ill or incapacitated for labor
   for more than 30 days (but not more than 90 days).

Serious physical injuries may be committed through reckless
imprudence or simple imprudence.

There must be no intent to kill.

Impotence includes inability to copulate and sterility.

Blindness requires lost of vision in both eyes. Mere weakness
in vision is not contemplated.

Loss of power to hear must involve both ears. Otherwise, it will
be considered as serious physical injuries under par 3.

Loss of the power to hear in the right ear is considered as
merely loss of use of some other part of the body. Loss of use of
hand or incapacity of usual work in paragraph 2 must be permanent.

Paragraph 2 refers to principal members of the body. Paragraph 3,
on the other hand, covers any other member that is not a principal
part of the body. In this respect, a front tooth is considered as
a member of the body and not a principal member.

Deformity means physical ugliness, permanent and definite
abnormality that is not curable by natural means or by nature.
It must be conspicuous and visible. Thus, if the scar is usually
covered by a dress, it would not be conspicuous and visible. Loss
of teeth as deformity will not apply to child or old man.

The loss of 3 incisors is a visible deformity. Loss of one incisor
is not. However, loss of one tooth which impaired appearance is a
deformity.

Deformity by loss of teeth refers to injury which cannot be
repaired by the action of nature.

Loss of both outer ears, loss of the power to hear, and loss of the
lobule of the ear constitute deformity.

Loss of the index and middle fingers is either a deformity or loss
of a member, not a principal one, of his body or use of the same.

If the injury would require medical attendance for more than 30 days,
the illness of the offended party may be considered as lasting more
than 30 days. The fact that there was medical attendance for that
period of time shows that the injuries were not cured for
that length of time.

Under paragraph 4, all that is required is illness or incapacity,
not medical attendance.

In determining incapacity, the injured party must have an avocation
or work at the time of the injury. Work includes studies or
preparation for a profession.

When the category of the offense of serious physical injuries depends
on the period of the illness or incapacity for labor, there must be
evidence of the length of that period. Otherwise, the offense will
only be considered as slight physical injuries.

There is no incapacity if the injured party could still engage in his
work although less effectively than before.

Serious physical injuries is qualified when the crime is committed
against the same persons enumerated in the article on parricide or
when it is attended by any of the circumstances defining the crime of
murder. However, serious physical injuries resulting from excessive
chastisement by parents is not qualified serious physical injuries.

The reason why there is no attempted or frustrated physical injuries is because
the crime of physical injuries is determined on the gravity of the injury.
It is a crime of result. As long as the injury is not there, there can be no
attempted or frustrated stage thereof.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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