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 correctional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim.