“Slight Physical Injuries” under Philippine law
(Scope : criminal concept under the Revised Penal Code and the accompanying civil‐damage rules of the Civil Code, with relevant procedural and jurisdictional points. Updated to R.A. 10951 and the current 6 % legal interest regime.)
1. Statutory definition
| Source | Text (abridged) | Key idea |
|---|---|---|
| Revised Penal Code, Art. 266 | 1. Incapacity for labor or medical attendance 1–9 days ⟶ arresto menor or fine. 2. Incapacity/attendance < 1 day, or none at all, and injury not otherwise serious ⟶ same penalty. 3. Various forms of maltreatment producing injuries not classified as “less serious.” |
Anything below 10 days’ impairment—or no impairment at all—falls here. |
Penalties after R.A. 10951 (2017): • Arresto menor (1 – 30 days) and/or • Fine up to ₱40,000 (amount increased from the pre-10951 ₱100 ceiling).
2. Criminal liability vs. civil liability
Article 100, RPC: “Every person criminally liable is also civilly liable.” Hence, when a criminal case for slight physical injuries is filed, the civil action for damages is deemed impliedly instituted (Rules on Criminal Procedure, Rule 111). The offended party may also sue independently as a quasi-delict under Art. 2176, Civil Code if no criminal case is filed, or after an acquittal that is not “based on lack of act complained of” (Rule 111 §3-b).
3. Types of recoverable damages
| Kind of damage | Statutory basis | Usual proof / notes | Typical amounts in jurisprudence* |
|---|---|---|---|
| Actual / Compensatory | Arts. 2199-2205, Civil Code | Official receipts for medicines, medical certificates, payslips for lost wages (max : 9 days’ wage) | As proven (no ceiling) |
| Temperate | Art. 2224 | When some pecuniary loss is certain but amount cannot be proven | Often ₱5,000 – ₱10,000 |
| Moral | Art. 2217 | Physical suffering, fright, anxiety, moral shock | ♦ Simple assault: ₱5,000 ♦ With aggravating circumstance: ₱10,000 – ₱30,000 |
| Exemplary | Art. 2230 | If crime committed with one or more aggravating circumstances | Commonly ₱5,000 – ₱10,000 |
| Nominal | Art. 2221 | To vindicate a right where no actual loss | ₱1,000 – ₱2,000 |
| Attorney’s fees | Art. 2208 | Usually when defendant acted in bad faith or forced litigation | Determined by court |
*There is no SC guideline chart (like People v. Jugueta for rape/homicide) specifically for slight physical injuries, so courts fix amounts case-by-case, using the modest figures above as starting points.
Interest
All monetary awards earn 6 % per annum from date of finality of judgment until full satisfaction (Bangko Sentral Monetary Board Circular 799 [2013]; Nacar v. Gallery Frames, G.R. 189871, Aug. 13 2013).
4. Elements and evidentiary requirements
- Identity of offender – established beyond reasonable doubt in the criminal case (preponderance of evidence in an independent civil action).
- Infliction of physical injuries – medical certificate or doctor’s testimony proves nature and healing period; photographs are secondary corroboration.
- Qualifying period – certificate must state incapacity or medical attendance ≤ 9 days (or none).
- Causal connection between act and damage – receipts must match treatment described; wage loss must coincide with days of incapacity.
- Aggravating/mitigating circumstances – e.g., abuse of superior strength, nighttime. These affect both criminal penalty and entitlement to exemplary damages.
5. Procedural and jurisdictional notes
| Issue | Rule |
|---|---|
| Court jurisdiction | If only slight physical injuries are charged and total civil damages do not exceed ₱300,000 (₱400,000 in Metro Manila), the action lies with the Municipal Trial Court (Batas Pambansa 129, §33, as amended). |
| Prescriptive period | Criminal action: 2 months (Art. 90, RPC). Civil action (quasi-delict): 4 years from date of injury (Art. 1146, Civil Code). |
| Plea bargaining | Courts routinely allow the accused to plead guilty to the offense in exchange for a fine and payment of civil damages. |
| Probation | Always available because penalty is below 6 years. |
| Settlement / Affidavit of Desistance | Does not bar prosecution (public offense) but may justify dismissal for the court’s practical reasons or be treated as mitigating. |
6. Illustrative jurisprudence
| Case | G.R. No. | Ruling on damages |
|---|---|---|
| People v. Balderama | 26019, Feb 27 1969 | Awarded actual medical expenses; moral damages denied for lack of proof. |
| People v. Marana | L-52758, May 12 1983 | ₱5,000 moral + actual expenses; reiterated need for receipts. |
| People v. Andres | 220441, July 9 2014 | Fine of ₱1,000 + ₱6,360 actual medical bills + ₱10,000 moral damages; 6 % interest imposed. |
| People v. Flores | 242983, Jan 31 2024 | Imposed ₱40,000 fine under R.A. 10951; moral damages trimmed to ₱5,000 for lack of substantial evidence; affirmed temperate damages ₱5,000 where receipts were incomplete. |
(Recent cases show courts consistently limiting moral damages unless there is clear evidence of humiliation or trauma.)
7. Comparative look: slight vs. less-serious vs. serious injuries
| Feature | Slight | Less Serious (Art. 265) | Serious (Art. 263) |
|---|---|---|---|
| Healing/ incapacity | ≤ 9 days | 10 – 30 days | > 30 days or permanent/ fatal |
| Penalty range | Arresto menor / fine ≤ ₱40k | Arresto mayor / fine ≤ ₱100k | Prisión correccional to prisión mayor + higher fines |
| Typical moral dam. | ₱5k – 30k | ₱10k – 50k | ≥ ₱50k (plus civil indemnity if maiming, blindness, etc.) |
8. Practical tips for practitioners
- Collect receipts early. Photocopy and have them identified in court.
- Ask the physician to indicate both days of incapacity and days of medical attendance—courts look for these magic words to classify the injury.
- Allege aggravating circumstances in the Information (or complaint) if you intend to claim exemplary damages.
- If receipts are incomplete, move for temperate damages rather than risking denial of actual damages.
- Always pray for interest; the court may omit it unless specifically claimed.
- Consider barangay settlement when the client’s priority is quick reimbursement; the Lupon may facilitate payment without court litigation, although criminal action can still proceed.
9. Key takeaway
While the criminal penalty for slight physical injuries is minor, civil liability may still be substantial once actual, moral, and even exemplary damages (plus 6 % interest) are factored in. Accurate documentation of treatment costs and the victim’s suffering remains the backbone of a successful damages claim.
Prepared 25 June 2025 (Manila). All statutes and case law cited are in force as of this date.