Handling Court Summons for Slight Physical Injury in the Philippines

I. Nature of the Offense

Slight physical injury is defined and penalized under Article 266 of the Revised Penal Code (RPC), as amended by Republic Act No. 10951 (2017).

The crime has three distinct forms:

1. Physical injuries that incapacitate the offended party for labor from 1 to 9 days or require medical attendance for the same period.
   Penalty: arresto menor (1 to 30 days) in its medium and maximum periods.

2. Physical injuries that do not prevent the offended party from engaging in his habitual work and do not require medical attendance.
   Penalty: arresto menor (1 to 30 days) or a fine not exceeding P40,000, plus censure.

3. Ill-treatment or maltreatment by deed without causing any injury (e.g., slapping, pushing, spitting without resulting in physical injury).
   Penalty: arresto menor in its minimum period (1 to 10 days) or a fine not exceeding P5,000.

All three forms are classified as light felonies.

II. Prescription Period (Very Important Defense)

Light felonies prescribe in two (2) months from the date of discovery of the crime (Art. 90, RPC, as amended).

In practice, the two-month period is counted from the day the offended party knew or should have known of the incident and the identity of the offender.

Consequence: If the complaint-affidavit was filed in the prosecutor's office or directly in court after the 2-month period has lapsed, the case is already prescribed and must be dismissed upon motion of the accused.

This is the single most powerful and most frequently successful defense in slight physical injury cases. Always check the date of the incident indicated in the complaint and compare it with the date stamped on the complaint or Information.

III. Mandatory Barangay Conciliation (Katarungang Pambarangay)

Under the Local Government Code of 1991 (R.A. 7160) and the Katarungang Pambarangay Law, all cases of slight physical injury where the parties reside in the same city/municipality (or even adjacent barangays in some interpretations) must undergo barangay conciliation first.

Exceptions are extremely rare (e.g., one party is a government entity, or the offense is committed while performing official functions).

If the complainant filed the case in court or with the prosecutor without a Certificate to File Action from the barangay, the case must be dismissed for prematurity.

Most slight physical injury cases are actually settled at the barangay level through payment of a small amount (P5,000–P30,000 is common) and execution of a Kasunduang Pag-aayos.

IV. Where and How the Case Is Filed

Because the imposable penalty does not exceed 6 months imprisonment, slight physical injury cases are governed by the Revised Rule on Summary Procedure (as amended in 2020).

The complainant has two options:

1. File directly with the Municipal Trial Court / Metropolitan Trial Court / Municipal Circuit Trial Court (most common and faster).

2. File a complaint-affidavit with the Office of the City/Provincial Prosecutor (less common now because direct filing is allowed and faster).

In practice, more than 80% of slight physical injury cases are now filed directly in court under the Rule on Summary Procedure.

V. Court Procedure Under the Revised Rule on Summary Procedure (Criminal Cases)

1. Filing of Complaint with supporting affidavits and medical certificate.

2. Court evaluates within 24–48 hours:

   • If no probable cause → case dismissed outright.
   • If probable cause → court issues an Order + Summons to the accused/respondent requiring submission of Counter-Affidavit and affidavits of witnesses within 10 days from receipt.

3. Accused files Counter-Affidavit (this is the most crucial stage).

4. If no Counter-Affidavit is filed → court decides the case based solely on complainant's evidence (accused can be convicted without trial).

5. After Counter-Affidavit is filed → court sets the case for preliminary conference (mediation).

6. During preliminary conference:

   • Court actively mediates.
   • More than 70% of cases are settled here through payment of civil damages (usually P10,000–P50,000 depending on medical expenses and "moral damages").
   • Once settlement is reached and full payment is made, complainant executes Affidavit of Desistance and the case is dismissed.

7. If no settlement → parties submit Position Papers or proceed to judicial dispute resolution, then decision is rendered based on the affidavits (no full-blown trial with oral testimony in most cases).

Note: The court cannot issue a warrant of arrest upon filing. A warrant may only be issued if the accused repeatedly fails to appear despite summons.

VI. What to Do Upon Receiving the Summons (Step-by-Step Guide for the Accused)

1. Do NOT ignore the summons. Failure to file Counter-Affidavit within 10 days can result in immediate conviction.

2. Immediately go to the court and get a copy of the entire record (complaint, affidavits, medical certificate).

3. Check these three fatal defects first (any one can end the case instantly):

   • No Certificate to File Action from the barangay → move to dismiss for prematurity.
   • Incident happened more than 2 months ago → move to quash for prescription.
   • Medical certificate shows healing period of 10 days or more → this is actually less serious physical injury (Art. 265), which is outside the jurisdiction of MTC and covered by regular procedure. Case must be dismissed or refiled properly.

4. Seek legal assistance immediately:

   • Public Attorney's Office (PAO) – free for indigent accused.
   • Integrated Bar of the Philippines (IBP) local chapter – free legal aid.
   • Private counsel if affordable.

5. Prepare your Counter-Affidavit. Include:

   • Denial or version of facts.
   • Defenses: self-defense, accident, provocation, lack of intent.
   • Affidavits of witnesses.
   • Documentary evidence (CCTV footage, photos showing no injury or showing complainant's aggression, own medical certificate if you were also injured).

6. Prepare for mediation. Bring cash or be ready to negotiate. Most complainants just want money for medical bills and "face-saving." Typical settlement amounts:

   • Simple fist fight with 3–5 days medical attendance: P15,000–P35,000
   • Slapping/spitting cases: P10,000–P25,000
   • Cases with prominent complainants (teachers, government employees): P30,000–P60,000

7. Execute a compromise agreement properly. Ensure it covers both criminal and civil aspects and that the complainant executes an Affidavit of Desistance.

VII. Possible Outcomes

1. Dismissal (most favorable):

   • Prescription
   • Prematurity (no barangay certificate)
   • Lack of probable cause after counter-affidavit
   • Affidavit of desistance + full payment

2. Conviction (rare if properly defended):

   • Penalty is almost always a fine only (P5,000–P20,000 is typical).
   • Straight imprisonment of 1–30 days is very rare and usually suspended.
   • Probation is available even for 30 days imprisonment.
   • Civil liability: actual medical expenses + moderate moral damages (P5,000–P20,000).

VIII. Special Situations

• Mutual combat (both parties injured): Both can file cases against each other. Courts usually mediate both cases together and offset damages.

• If the complainant is a woman and the accused is her husband/boyfriend: Case may be prosecuted as Violation of R.A. 9262 (Violence Against Women) instead of or in addition to slight physical injury. Much more serious.

• If committed by a public officer in the performance of duty: May constitute maltreatment under Art. 235 RPC (higher penalty).

• If the injury later turns out to be more serious (e.g., initially diagnosed as 7 days but complications arise): Prosecutor may amend the Information to less serious physical injury.

IX. Practical Tips from Years of Handling These Cases

• 85–90% of slight physical injury cases end in amicable settlement or dismissal.
• The medical certificate is king. Challenge its authenticity or accuracy aggressively.
• Always file a counter-charge if you were also injured (even slight). It strengthens your negotiating position dramatically.
• Never admit anything in writing without a lawyer.
• Record all negotiations (audio/video) if possible – useful if complainant later changes mind.

Slight physical injury cases are the most common criminal cases in Philippine courts, but they are also the easiest to defend or settle. With prompt, proper action upon receipt of summons, the vast majority result in either complete dismissal or minimal financial settlement.