Death caused in tumultuous affray (Article 251)
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.
The elements of Death Caused in a
Tumultuous Affray are as follows:
(a) that there be several persons;
(b) that they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;
(c) that these several persons quarreled and assaulted one another in a confused and tumultuous manner;
(d) that someone was killed in the course of the affray;
(e) that it cannot be ascertained who actually killed the deceased; and
(f) that the person or persons who inflicted serious physical injuries or who used violence can be identified.[1]
Based on case law, a tumultuous affray takes place when a quarrel occurs between several persons and they engage in a confused and tumultuous affray, in the course of which some person is killed or wounded and the author thereof cannot be ascertained.[2]
[1] People v. Julianda, Jr., 422 Phil. 28, 51 (2001).
[2] Sison v. People, 320 Phil. 112, 134 (1995), citing United Stales v. Tandoc, 40 Phil. 954, 957 (1920).