In the Philippine legal system, crimes against persons and crimes against security are primarily governed by the Revised Penal Code (RPC). When an individual suffers bodily harm or is subjected to intimidation, the law provides specific grounds for criminal prosecution based on the severity of the act and the intent of the perpetrator.
I. Physical Injuries
Physical injuries are classified under the RPC based on the period of medical attendance required or the duration of the victim's incapacity for labor.
1. Serious Physical Injuries (Article 263)
A charge for Serious Physical Injuries is warranted when the violence results in:
- Permanent illness or incapacity for the performance of the victim’s habitual work.
- Loss of a limb, the use thereof, or the loss of sight in one eye.
- Becoming insane, imbecile, impotent, or blind.
- Deformity or the loss of any other part of the body, or the loss of use thereof.
2. Less Serious Physical Injuries (Article 265)
This charge applies when the injuries sustained require medical attendance for ten (10) to thirty (30) days, or shall incapacitate the victim for labor during the same period. This must be substantiated by a medical certificate from a licensed physician.
3. Slight Physical Injuries and Maltreatment (Article 266)
This is the most common classification for minor altercations. It covers:
- Injuries requiring medical attendance or causing incapacity for one (1) to nine (9) days.
- Injuries that do not prevent the victim from engaging in their habitual work nor require medical attendance.
- Ill-treatment (Maltreatment): Physical contact that does not produce visible injury but causes humilitation or physical discomfort (e.g., a slap that leaves no bruise).
II. Threats and Coercion
Threats fall under crimes against security. The gravity of the charge depends on whether a condition was imposed and the nature of the threatened act.
1. Grave Threats (Article 282)
This occurs when a person threatens another with the infliction of a wrong amounting to a crime (e.g., "I will kill you" or "I will burn your house").
- With a Condition: If the offender demands money or imposes a condition, the penalty is higher.
- Without a Condition: The threat is made simply to intimidate.
2. Light Threats (Article 283 & 285)
- Article 283: A threat to commit a wrong that does not constitute a crime (e.g., a threat to expose a secret that would damage reputation).
- Other Light Threats: This includes oral threats made in the heat of anger, or drawing a weapon (like a knife or gun) in a quarrel without the intent to kill or vary the threat.
III. Special Laws and Aggravating Circumstances
Violence Against Women and Their Children (R.A. 9262)
If the victim is a woman or her child and the perpetrator is a person with whom the woman has or had a sexual or dating relationship, physical injuries and threats are prosecuted under Republic Act No. 9262. The penalties are generally higher, and the law provides for Protection Orders.
The Child Abuse Law (R.A. 7610)
When the victim is under 18 years of age, physical injuries may be classified as Child Abuse if the act results in "debasement, degradation, or conditions prejudicial to the child's development."
IV. Essential Procedural Requirements
1. The Barangay Justice System (Katarungang Pambarangay)
For crimes like Slight Physical Injuries or Light Threats, the law requires mandatory mediation at the Barangay level before a complaint can be filed in court. A "Certificate to File Action" is necessary unless the case involves:
- Parties residing in different cities/municipalities.
- Accused persons who are under detention.
- Offenses with a maximum penalty of imprisonment exceeding one (1) year.
2. Evidence Collection
To successfully file these charges, the complainant must secure:
- Medical Certificate: Issued by a physician (preferably a government medico-legal officer) detailing the nature of the injuries and the estimated healing period.
- Affidavits of Witnesses: Sworn statements from individuals who saw the incident.
- Police Blotter: An official record of the report made immediately after the incident.
- CCTV Footage or Photographs: Visual evidence of the assault or the weapon used.
3. Prescription Period
The right to file a case expires after a certain period. For light offenses (like Slight Physical Injuries), the victim only has two (2) months to file the complaint from the time the incident occurred or was discovered. For less grave felonies, the period is generally ten (10) years.
V. Summary Table of Charges
| Offense | Duration of Injury/Nature of Act | Key Legal Basis |
|---|---|---|
| Slight Physical Injuries | 1 to 9 days of healing/incapacity | Art. 266, RPC |
| Less Serious Physical Injuries | 10 to 30 days of healing/incapacity | Art. 265, RPC |
| Serious Physical Injuries | Over 30 days, or permanent disability | Art. 263, RPC |
| Grave Threats | Threatening to commit a crime (e.g., murder) | Art. 282, RPC |
| Light Threats | Threats made in heat of anger; drawing a weapon | Art. 285, RPC |