Introduction

In the Philippines, the law recognizes that criminal liability can arise even when an intended harmful act is not fully carried out. This is particularly relevant in cases of attempted physical injury, where an individual initiates an attack but is prevented from completing it due to external intervention or other circumstances. Such scenarios raise questions about whether victims can seek legal recourse, and the answer is affirmative under the Revised Penal Code (RPC), the primary criminal statute in the country. This article explores the legal framework surrounding attempted physical injury, including its definition, elements, applicable penalties, procedural aspects, and related considerations, all within the Philippine legal context.

Attempted physical injury falls under the broader category of crimes against persons, emphasizing the protection of physical integrity. Unlike consummated physical injuries, where actual harm is inflicted, attempts focus on the intent and overt acts that could have led to injury. This distinction is crucial for victims who may feel threatened or violated despite escaping unharmed, as the law provides mechanisms to hold perpetrators accountable and deter future misconduct.

Legal Basis in the Revised Penal Code

The foundation for prosecuting attempted physical injury lies in the Revised Penal Code of the Philippines (Act No. 3815, as amended). Specifically:

Article 6 of the RPC defines stages of execution for felonies, including attempts. It states that there is an attempted felony when the offender commences the commission of a felony directly by overt acts but does not perform all the acts of execution that should produce the felony due to some cause or accident other than their own spontaneous desistance. This provision applies to physical injuries, as they are felonies under the RPC.
Articles 262 to 266 outline physical injuries, categorized by severity:
- Serious physical injuries (Art. 262): Involving deformity, loss of body parts, or incapacity for work lasting more than 30 days.
- Less serious physical injuries (Art. 263): Incapacity for work or medical attendance between 10 and 30 days.
- Slight physical injuries (Art. 266): Requiring medical attendance for less than 10 days or no medical attention at all.

For attempts, the law punishes the initiation of these acts without the actual infliction of injury. If the attack is stopped—such as by bystanders, law enforcement, or the victim's evasion—it may qualify as an attempted offense rather than a consummated one. However, not all failed attacks automatically constitute attempted physical injury; the intent and nature of the acts must align with the elements of the crime.

It's important to note that physical injuries are mala in se crimes, meaning they are inherently wrong and require criminal intent (dolo). Attempts thus hinge on proving the perpetrator's deliberate aim to cause harm.

Elements of Attempted Physical Injury

To establish a case for attempted physical injury, the prosecution must prove the following elements, derived from RPC jurisprudence:

Overt Acts: The offender must perform direct, external acts that commence the crime. For physical injury, this could include raising a fist, wielding a weapon, or lunging toward the victim with the clear purpose of inflicting harm. Mere preparation (e.g., planning or acquiring a weapon without action) is insufficient.
Intent to Commit Physical Injury: There must be specific intent (animus vulnerandi) to cause bodily harm. This is inferred from circumstances, such as verbal threats, prior conflicts, or the aggressor's behavior. Without intent, the act might fall under lesser offenses like alarms and scandals (Art. 155) or unjust vexation (Art. 287).
Non-Performance of All Acts of Execution: The crime is not consummated because the injury does not occur, due to reasons beyond the offender's control. Examples include intervention by third parties, the victim's successful defense, or accidental factors like slipping.
No Spontaneous Desistance: The stoppage must not result from the offender's voluntary withdrawal. If the aggressor stops on their own accord before completing the act, no attempt liability arises.

Philippine courts, through decisions like People v. Lizada (G.R. No. 143468-71, 2003), have clarified that the overt acts must unequivocally demonstrate the start of the criminal act, leaving no doubt about the intent.

Distinction from Related Offenses

Attempted physical injury must be differentiated from similar crimes to ensure proper charging:

Threats (Art. 285): If the attack is verbal or implied without overt physical action (e.g., "I'll hurt you" without attempting to do so), it may be light threats or grave threats, punishable by arresto menor or prision correccional.
Coercion (Art. 286): Involves compelling someone to do or not do something through violence or intimidation, but without intent to injure.
Unjust Vexation (Art. 287): Annoyance or irritation without physical harm or serious intent, often a catch-all for minor disturbances.
Frustrated Physical Injury: This occurs when all acts of execution are performed, but the injury is not fatal or as severe as intended due to external causes (e.g., medical intervention). Unlike attempts, frustration requires the crime to reach the brink of consummation.

If a weapon is involved, the case might escalate to attempted homicide (Art. 249) if intent to kill is proven, as per People v. Abarca (G.R. No. 74433, 1987), where the nature of the weapon and wounds (or attempted wounds) determine the charge.

Examples of Attempted Physical Injury

A person swings a punch at another but is restrained by onlookers before contact. This could be attempted slight physical injury.
An aggressor chases a victim with a knife, shouting intent to stab, but the victim locks themselves in a room. If overtaken acts are clear, this qualifies as an attempt.
During a road rage incident, one driver attempts to ram another's vehicle but swerves away due to traffic. Depending on intent, this might be attempted less serious injury.

In contrast, if the act is merely preparatory (e.g., picking up a stone without throwing it), it may not suffice for an attempt.

Penalties for Attempted Physical Injury

Penalties for attempts are prescribed under Article 51 of the RPC, which imposes a penalty two degrees lower than that for the consummated felony:

For attempted serious physical injuries: Prision correccional (6 months to 6 years), reduced from reclusion temporal.
For attempted less serious physical injuries: Arresto mayor (1 to 6 months), reduced from arresto mayor in its maximum period to prision correccional in its minimum period.
For attempted slight physical injuries: Arresto menor (1 to 30 days) or a fine, reduced from arresto menor or fine.

Aggravating circumstances (e.g., use of a deadly weapon, treachery) under Article 14 can increase penalties, while mitigating factors (e.g., lack of intent to commit so grave a wrong) under Article 13 may reduce them. Probation may be available for lighter penalties under the Probation Law (P.D. 968, as amended).

Procedure for Filing a Case

Victims can initiate proceedings as follows:

Report to Authorities: File a complaint with the nearest police station or barangay for a blotter entry. For slight injuries or attempts, barangay conciliation under the Katarungang Pambarangay Law (P.D. 1508) is mandatory unless exceptions apply (e.g., violence involving family members).
Preliminary Investigation: Submit an affidavit-complaint to the prosecutor's office (fiscal). The prosecutor determines probable cause and files an information in court if warranted.
Court Proceedings: Cases for slight or less serious attempts fall under Metropolitan Trial Courts or Municipal Trial Courts. Serious attempts go to Regional Trial Courts.
Evidence Requirements: Medical certificates (even if no injury, to show potential harm), witness statements, CCTV footage, or other corroborative evidence strengthen the case. The burden of proof is beyond reasonable doubt.

Victims may also seek civil damages concurrently under Article 100 of the RPC, including moral damages for emotional distress, as upheld in People v. Court of Appeals (G.R. No. 103613, 2001).

Defenses and Limitations

Common defenses include:

Lack of Intent: Arguing the act was accidental or in jest.
Self-Defense: If the alleged victim was the initial aggressor (Art. 11).
Insufficiency of Evidence: Challenging the overt acts or causation.
Prescription: Offenses prescribe after 1 year for slight injuries (Art. 90), potentially applying to attempts.

Limitations include the need for prompt reporting to avoid prescription and the possibility of countercharges (e.g., for false accusation).

Conclusion

Under Philippine law, victims of thwarted attacks can indeed file cases for attempted physical injury, providing a legal avenue to address threats to personal safety. This framework not only punishes incomplete crimes but also reinforces societal order by deterring potential offenders. Individuals facing such situations should consult legal counsel to navigate the nuances, ensuring their rights are protected while contributing to a safer community. Awareness of these provisions empowers citizens to seek justice, even when harm is averted.