In the Philippines, what might be dismissed by some as a "simple prank" or a momentary outburst of anger—throwing a stone—can lead to severe criminal liabilities. When such an act results in physical injuries, the Revised Penal Code (RPC) and various special laws provide a framework for prosecution based on the intent of the perpetrator and the severity of the victim's injuries.
1. Classification of Physical Injuries
The primary charges for stone-throwing that causes harm fall under the category of Physical Injuries in the Revised Penal Code. The specific charge depends on the recovery period or the degree of medical intervention required:
- Slight Physical Injuries (Art. 266): If the injury requires medical attendance for 1 to 9 days, or if it does not prevent the victim from performing their usual work.
- Less Serious Physical Injuries (Art. 265): if the injury requires medical attendance for 10 to 30 days.
- Serious Physical Injuries (Art. 263): If the stone-throwing causes:
- Illness or incapacity for more than 30 days.
- Deformity or loss of a body part (e.g., losing an eye or a tooth).
- Permanent loss of the use of a limb or sense.
2. Intent and "Animus Interficiendi"
A critical distinction in Philippine law is whether the offender intended to kill the victim.
Attempted or Frustrated Homicide/Murder
If the prosecution can prove intent to kill (e.g., the offender used a massive rock, aimed specifically at the head, and shouted death threats), the charge may be elevated from physical injuries to Attempted or Frustrated Homicide (or Murder, if qualifying circumstances like treachery are present).
Discharge of Firearms vs. Stone-Throwing
While the RPC has a specific article for "Illegal Discharge of Firearms," stone-throwing is generally treated under Physical Injuries or Alarms and Scandals (Art. 155) if no one is hit, or Malicious Mischief (Art. 327) if only property is damaged.
3. Special Circumstances and Aggravating Factors
The context of the stone-throwing can drastically change the legal outcome:
| Situation | Potential Charge / Aggravating Factor |
|---|---|
| Throwing at a Moving Vehicle | Violation of R.A. 11935 (The "Anti-Stoning" Law concept) or Grave Hazards under the RPC. This is seen as more dangerous due to the risk of road accidents. |
| Against a Child | Violation of R.A. 7610 (Child Abuse Law). Penalties are generally higher if the victim is under 18. |
| By a Minor | Governed by R.A. 9344 (Juvenile Justice and Welfare Act). Minors 15 and below are exempt from criminal liability but undergo intervention. |
4. Civil Liability
Beyond prison time (criminal liability), the offender is also civilly liable under Article 100 of the RPC. This means the offender must pay for:
- Actual Damages: Hospital bills, medicine, and lost wages.
- Moral Damages: For the physical suffering and mental anguish of the victim.
- Exemplary Damages: Imposed as a deterrent for public good.
5. Summary of Defenses
Common legal defenses in these cases include:
- Lack of Intent: Arguing it was an accident (Art. 12, par. 4 - Exempting circumstances).
- Self-Defense: Proving the stone was thrown to repel an unlawful aggression.
- Provocation: While not an absolute defense, sufficient provocation by the victim may mitigate (lower) the penalty.
Note: Even if the victim "forgives" the offender (Affidavit of Desistance), the state can still technically pursue the criminal case, especially for serious injuries, as a crime is considered an offense against the People of the Philippines.
Would you like me to draft a sample Demand Letter or a Complaint-Affidavit for a physical injury case involving this scenario?