Introduction
The Revised Penal Code (RPC) of the Philippines classifies physical injuries based on the gravity and duration of harm inflicted upon another person. Among these classifications are Slight Physical Injuries and Less Serious Physical Injuries, both found under Title Eight, Chapter Two of the RPC (Articles 263–266). While they may appear similar, the distinctions between them lie in the extent of injury, healing period, and consequences on the victim’s health or capacity to work. Understanding these distinctions is crucial in determining criminal liability, appropriate penalties, and proper legal remedies.
I. Legal Basis
- Article 263 – Defines Serious Physical Injuries and the corresponding penalties depending on the severity and duration of incapacitation or deformity.
- Article 265 – Covers Less Serious Physical Injuries when the harm inflicted incapacitates the offended party for labor for more than ten (10) days but not more than thirty (30) days, or requires medical attendance for the same period.
- Article 266 – Defines Slight Physical Injuries and Maltreatment when the harm incapacitates or requires medical attendance for not more than nine (9) days, or causes other minor effects such as ill treatment or physical pain without injury.
II. Elements of Each Crime
A. Less Serious Physical Injuries (Article 265)
The prosecution must establish the following:
- That the offender inflicted physical injuries upon another person.
- That the injuries incapacitated the offended party for labor for more than ten (10) days but not more than thirty (30) days, or required medical attendance for the same period.
- That the act was not motivated by vindictiveness, cruelty, or a manifest intent to insult or dishonor, which would elevate the crime.
- That the injuries do not fall under the definitions of Serious Physical Injuries under Article 263.
Example: A punch resulting in a sprained wrist that prevents the victim from working for two weeks.
B. Slight Physical Injuries (Article 266)
The elements are as follows:
- That the offender inflicted physical injuries upon another person.
- That the injuries incapacitated the offended party for labor for one (1) to nine (9) days or required medical attendance for the same period; or
- That the injuries did not prevent the offended party from engaging in his habitual work, but caused physical pain; or
- That the offender maltreated another by deed without causing injury (e.g., slapping or minor acts of humiliation).
Example: A slap on the face or a bruise that heals in three days.
III. Determining the Degree of Injury
The classification depends primarily on medical findings and duration of incapacity:
- If over 30 days → Serious Physical Injuries (Art. 263)
- If 11–30 days → Less Serious Physical Injuries (Art. 265)
- If 1–9 days → Slight Physical Injuries (Art. 266)
Courts often rely on a medical certificate issued by a licensed physician to establish the healing period or incapacity. However, the actual incapacity, not merely the prescribed medical leave, is controlling.
IV. Intent and Circumstances
Both crimes are generally intentional felonies, meaning they arise from deliberate acts resulting in injury. Negligent acts causing similar harm are covered under Article 365 (Reckless Imprudence Resulting in Physical Injuries).
Aggravating or qualifying circumstances—such as relationship, public position, cruelty, or use of deadly weapon—may increase the penalty or alter the classification.
V. Penalties
| Type of Injury | Duration of Incapacity | Penalty (RPC) |
|---|---|---|
| Less Serious Physical Injuries | 11–30 days | Arresto mayor (1 month and 1 day to 6 months) |
| Slight Physical Injuries (1–9 days) | 1–9 days | Arresto menor (1 day to 30 days) |
| Slight Physical Injuries (physical pain only) | None | Arresto menor or fine not exceeding ₱40,000 (under current amendments) |
If committed against parents, ascendants, guardians, or in public authority, penalties may be raised by one degree, reflecting higher moral blameworthiness.
VI. Illustrative Jurisprudence
- People v. Arpa (G.R. No. L-26789, 1969): The Supreme Court held that the period of medical attendance, not merely the doctor’s advice, determines the classification of injury.
- People v. Jaurigue (G.R. No. L-370, 1946): Established that intention to kill distinguishes homicide from physical injuries.
- People v. Pinote (G.R. No. 46804, 1939): Clarified that where injuries heal within nine days, the proper charge is Slight Physical Injuries.
These decisions demonstrate the Court’s consistent approach—duration and effect, not subjective pain or humiliation, determine the proper classification.
VII. Practical Implications
In criminal procedure, distinguishing between these two classifications affects:
- Jurisdiction – Slight Physical Injuries cases fall under the jurisdiction of the Municipal Trial Courts (MTC); Less Serious Physical Injuries may also be filed there but carry higher penalties.
- Prescription of Crime – Slight Physical Injuries prescribe in two months, while Less Serious Physical Injuries prescribe in ten years (Art. 90, RPC).
- Compromise and Settlement – Slight Physical Injuries are often amenable to amicable settlement under the Katarungang Pambarangay Law, reflecting their minor nature.
Conclusion
The distinction between Slight Physical Injuries and Less Serious Physical Injuries under the Revised Penal Code lies not only in the degree and duration of harm but also in the legal and procedural consequences that follow. While both protect the bodily integrity of individuals, the law carefully calibrates punishment according to the extent of suffering inflicted. Recognizing these differences ensures that justice is dispensed proportionately, consistent with the principles of fairness and humanity embedded in Philippine criminal law.