Art. 251. Death caused in a tumultuous affray. — When,
while several persons, not composing groups organized for the common purpose of
assaulting and attacking each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in the course of the affray
someone is killed, and it cannot be ascertained who actually killed the
deceased, but the person or persons who inflicted serious physical injuries can
be identified, such person or persons shall be punished by prision mayor.
If it
cannot be determined who inflicted the serious physical injuries on the
deceased, the penalty of prision correccional in its medium and maximum periods
shall be imposed upon all those who shall have used violence upon the person of
the victim.
Art. 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.
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