In Philippine criminal law, "attempted physical injury" is not a standalone crime with its own specific article in the Revised Penal Code (RPC). Instead, it falls under the general provisions on attempted felonies (Article 6, RPC) applied to the crimes of Physical Injuries (Articles 263–266, RPC). Depending on the severity intended and the result achieved, the accused may be charged with attempted slight, less serious, or serious physical injuries, or, in some cases, attempted homicide or attempted murder if the intent to kill can be inferred.
Below is a comprehensive discussion of how attempted physical injuries are classified, penalized, and prosecuted under Philippine law.
1. Definition of Physical Injuries under the RPC
Physical injuries are classified into four categories:
| Type | Article | Duration of Incapacity or Deformity | Penalty (Prisoner) |
|---|---|---|---|
| Serious Physical Injuries | Art. 263 | 1. Incapacitated for labor >90 days or needs medical attendance >30 days 2. Loss of organ/function, blindness, impotence, deformity 3. Illness/deformity from intentional mutilation |
Reclusion temporal to reclusion perpetua (depending on circumstances) |
| Less Serious Physical Injuries | Art. 265 | Incapacitated for labor 10–30 days or needs medical attendance for same period | Prisión correccional |
| Slight Physical Injuries | Art. 266 | Incapacitated for labor 1–9 days or medical attendance for same period OR no incapacity but ill-treatment (slapping, boxing, etc.) |
Arresto menor or fine ≤ P40,000 |
| Administered by Mistake or Inadvertence (Mutilation/serious injury without intent) | Art. 265 & 263 | Same as above but without intent to kill or injure | Lower penalties by one or two degrees |
2. Attempted Physical Injuries (Article 6 in relation to Arts. 263–266)
Article 6 of the RPC defines an attempted felony when:
- The offender commences the commission of a felony directly by overt acts;
- He does not perform all the acts of execution which should produce the felony; and
- The non-performance is due to some cause or accident other than his own spontaneous desistance.
When the intended injury is not consummated (the victim sustains no injury or a lesser injury than intended), the crime becomes attempted.
Common Scenarios and Corresponding Charges
| Intended Injury | Actual Result | Crime Charged | Penalty (Attempted Stage) |
|---|---|---|---|
| Serious physical injuries | No injury or only slight injury | Attempted serious physical injuries | Arresto mayor in its maximum to prisión correccional minimum (1 degree lower than consummated) |
| Less serious physical injuries | No injury or only slight injury | Attempted less serious physical injuries | Arresto mayor (1 degree lower) |
| Slight physical injuries | No injury | Attempted slight physical injuries | Arresto menor or fine not exceeding P40,000 (1 degree lower) |
| Death (homicide/murder) | Only physical injuries sustained | Attempted homicide or attempted murder (not attempted physical injuries) | Reclusion temporal (attempted homicide) or reclusion perpetua (attempted murder if qualified) |
Key Supreme Court Ruling:
People v. Lamahang (G.R. No. L-43530, August 3, 1935) – Established the test for attempted felonies (overt acts + failure due to external cause).
People v. Castillo (G.R. No. 130188, July 26, 2000) – If the blow was directed at a vital part of the body with lethal intent, the crime is attempted homicide/murder, not merely attempted serious physical injuries, even if only minor wounds result.
3. Penalty Computation for Attempted Physical Injuries
Under Article 51 of the RPC, the penalty for attempted felonies is two degrees lower than the consummated felony when the law prescribes a penalty composed of three periods (divisible penalty), or one degree lower when the penalty is indivisible or has only two periods.
| Consummated Crime | Consummated Penalty | Attempted Penalty (Art. 51) |
|---|---|---|
| Serious physical injuries (ordinary) | Prisión mayor | Arresto mayor maximum to prisión correccional minimum |
| Less serious physical injuries | Prisión correccional med/max | Arresto mayor |
| Slight physical injuries | Arresto menor or fine | Fine not exceeding P40,000 or arresto menor minimum–medium |
4. Frustrated Physical Injuries?
Philippine jurisprudence does not recognize frustrated physical injuries as a stage of execution.
Reason (People v. Repuela, G.R. No. 220789, March 28, 2018): Once the injury intended is actually inflicted (regardless of whether it heals or not), the crime is consummated. There is no intermediate stage between “all acts of execution performed” and “felony not produced.” Thus, only attempted or consummated stages exist for physical injuries.
5. Qualifying Circumstances that Convert to Attempted Homicide/Murder
The charge escalates from attempted physical injuries to attempted homicide/murder when evidence shows intent to kill (animus interficendi). Evidentiary facts considered by courts:
- Nature and location of wounds (vital parts: head, chest, abdomen)
- Kind of weapon used (firearm, bladed weapon aimed at vital part)
- Manner of attack (treachery, premeditation, from behind)
- Statements or conduct of the accused
Examples from jurisprudence:
- Stabbing directed at the heart → attempted murder (People v. Kalalo, G.R. Nos. L-12379–30, May 30, 1960)
- Boxing and kicking without weapons, no vital parts targeted → attempted slight/less serious physical injuries only
6. Special Laws that May Apply Instead or Concurrently
- Republic Act No. 9262 (Anti-VAWC Act) – Physical violence against women or children in dating/intimate relationships is penalized separately; attempted physical violence is punishable.
- Republic Act No. 7610 (Child Abuse Law) – Attempted physical abuse against children carries higher penalties.
- Republic Act No. 9745 (Anti-Torture Act) – When committed by public officers.
7. Prescription Periods (Act No. 3326, as amended)
| Crime | Prescriptive Period |
|---|---|
| Attempted serious physical injuries | 15 years |
| Attempted less serious physical injuries | 10 years |
| Attempted slight physical injuries | 2 months |
8. Civil Liability
Even in attempted physical injuries, the accused is civilly liable for:
- Actual/compensatory damages (medical expenses, lost income)
- Moral damages (physical suffering, fright, serious anxiety)
- Exemplary damages (when qualifying circumstances present)
Summary Table of Charges
| Intended/Inflicted Harm | No Injury Sustained → Charge | Minor Injury → Charge | Full Intended Injury → Charge |
|---|---|---|---|
| Slight physical injuries | Attempted slight physical injuries | Consummated slight physical injuries | Consummated slight physical injuries |
| Less serious physical injuries | Attempted less serious | Consummated less serious (or attempted serious if intent was higher) | Consummated less serious |
| Serious physical injuries | Attempted serious | Consummated slight/less serious (or attempted serious) | Consummated serious |
| Death | Attempted homicide/murder | Frustrated homicide/murder | Consummated homicide/murder |
In practice, prosecutors and courts will charge the highest possible offense supported by evidence (usually attempted homicide when weapons are used), leaving it to the trial court to convict for the proper offense, including the lesser attempted or consummated physical injuries if intent to kill is not proven.
This framework remains the prevailing doctrine under the Revised Penal Code and Supreme Court decisions as of 2025.