Receiving a court summons for slight physical injuries (pisikal na pinsala na banayad) is a serious matter that should never be ignored. In the Philippine legal system, this offense falls under Article 266 of the Revised Penal Code (RPC), as amended by Republic Act No. 10951, and is classified as a light offense punishable by arresto menor (imprisonment of 1 to 30 days), a fine not exceeding ₱40,000, or both. The case is governed by the Revised Rules on Summary Procedure and is heard before the Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCT), or Metropolitan Trial Court (MeTC).

This article explains everything you need to know: the nature of the offense, the procedure, your immediate obligations upon receiving the summons, available defenses, possible outcomes, settlement options, and practical steps to protect your rights.

What Constitutes Slight Physical Injuries?

Under Article 266 of the RPC, slight physical injuries is committed when:

The offender inflicts physical injuries that incapacitate the victim from performing his/her work or require medical attendance for 1 to 9 days; or
The offender ill-treats another by deed without causing any injury (e.g., slapping, pushing, or other forms of maltreatment that do not result in visible wounds or incapacity).

The offense is distinct from less serious physical injuries (10–30 days incapacity) and serious physical injuries (longer incapacity or mutilation).

The crime is public in nature — it is prosecuted by the State through the public prosecutor, not by the private complainant alone. However, the complainant’s cooperation is usually necessary for the prosecution to succeed.

Prescription Period

The case prescribes (becomes unenforceable) after two (2) months from the date of the incident or from discovery thereof (Act No. 3326, as amended). If more than two months have passed since the incident and no complaint was filed with the prosecutor or court within that period, the case is already barred by prescription and should be dismissed upon proper motion.

Mandatory Barangay Conciliation

Before any criminal complaint for slight physical injuries can be filed in court, the parties must first undergo barangay conciliation if both reside in the same municipality or city (R.A. 7160, Katarungang Pambarangay Law). Failure to attach a Certificate to File Action from the barangay lupon is a ground for dismissal of the case.

Procedure After Receiving the Summons

In slight physical injuries cases, the complaint is filed either directly with the court or with the Office of the Prosecutor. Once the court finds probable cause, it issues a summons (not a warrant of arrest) because the offense is light.

The summons will require you to appear on a specific date and will be accompanied by a copy of the complaint-affidavit and supporting evidence.

Upon receipt of the summons, you are required to file your Counter-Affidavit and other supporting documents within ten (10) days from receipt (Section 12, Revised Rules on Summary Procedure). Failure to file a counter-affidavit may result in you being barred from presenting evidence later.

After submission of affidavits, the court will conduct a preliminary conference within thirty (30) days. The case is then submitted for decision based on the position papers and affidavits. There is no full-blown trial with oral testimony unless the court finds it absolutely necessary.

Immediate Steps You Must Take

Do NOT ignore the summons. Ignoring it will result in the court issuing a warrant of arrest and declaring you in default.
Immediately consult a lawyer. If you cannot afford one, go to the Public Attorney’s Office (PAO) in your area. PAO handles criminal cases for indigent accused.
File your Counter-Affidavit within 10 days. This is your only chance to present your side in writing. Include all defenses and attach supporting affidavits, medical certificates, photos, or other evidence.
Attend all hearings personally. Personal appearance is mandatory in summary procedure cases unless the court allows representation by counsel with special power of attorney.
Prepare for possible mediation. The court is required to refer the case to mediation before proceeding. Many cases are settled at this stage.

Common and Effective Defenses

Prescription (if more than 2 months have elapsed)
Lack of the required period of incapacity or medical attendance (1–9 days)
Self-defense (Article 11, RPC) – you must prove unlawful aggression, reasonable necessity of means employed, and lack of sufficient provocation on your part
Accident (Article 12, RPC)
Absence of intent to injure
Mistaken identity
Forged or inconsistent medical certificate
Failure to undergo barangay conciliation (jurisdictional defect)

Possible Penalties and Civil Liability

If convicted:

Criminal penalty: Arresto menor (1–30 days) and/or fine not exceeding ₱40,000
Civil liability: Actual damages (hospital bills, doctor’s fees, lost income during the 1–9 days), moral damages (usually ₱5,000–₱20,000), exemplary damages (rare), and attorney’s fees

In practice, courts often impose only a fine, especially for first-time offenders.

Settlement and Compromise Options

This is the most important practical point: slight physical injuries cases are highly settleable.

Amicable settlement during barangay conciliation or court mediation can lead to outright dismissal of the case.
Even after the case is filed in court, an Affidavit of Desistance executed by the complainant, coupled with payment of civil liability, almost always results in dismissal or acquittal.
The prosecutor may move for dismissal upon satisfactory compromise.
Plea bargaining is allowed: you may plead guilty to a lesser offense or accept a straight fine.

Courts encourage settlement because these cases clog dockets and are usually rooted in personal disputes or momentary anger.

Special Situations

If the victim is a woman or child: The case may be covered by R.A. 9262 (Violence Against Women and Children) if committed in a dating or intimate relationship, which elevates the penalty and changes the procedure.
If committed by a public officer: May constitute maltreatment under Article 235 of the RPC.
If mutual injuries occurred: Both parties may be charged (cross-cases), but settlement is even more likely.

Do’s and Don’ts

Do:

Secure a lawyer or PAO immediately
File your counter-affidavit on time
Attend all hearings
Explore settlement early
Keep copies of all documents

Don’t:

Ignore the summons
Attempt to contact or threaten the complainant
Admit guilt without legal advice
Miss the 10-day deadline for counter-affidavit

Conclusion

A summons for slight physical injuries is not a conviction. With prompt, proper action — especially filing a strong counter-affidavit and pursuing settlement — the vast majority of these cases end favorably for the accused, either through dismissal, acquittal, or a minimal fine. The key is to act quickly, seek competent legal assistance, and remember that Philippine courts strongly favor amicable resolution in minor physical injury cases.

If you have received such a summons, go to the PAO or a trusted lawyer today. Time is critical.