In the Philippine legal system, crimes against persons (Physical Injuries) and crimes against security (Threats) are governed primarily by the Revised Penal Code (RPC). Understanding the distinctions between these offenses is crucial for determining the appropriate criminal charge to file and the potential penalties involved.
I. Physical Injuries
Physical injuries occur when an individual inflicts bodily harm upon another. The specific charge depends on the severity of the injury, the period of medical attendance required, or the resulting disability.
1. Less Serious Physical Injuries (Article 265, RPC)
This charge is applicable when the injuries inflicted require medical assistance or incapacitate the victim from their usual work for a period of ten (10) to thirty (30) days.
- Key Requirement: Proof of medical certification or testimony regarding the duration of healing/incapacity.
2. Serious Physical Injuries (Article 263, RPC)
This is a more severe charge filed when the physical assault results in:
- Incapacity or illness lasting more than thirty (30) days.
- Deformity or the loss of a body part/function (e.g., loss of an eye, a hand, or the use of a limb).
- Permanent illness or injury that renders the victim incapable of labor in their usual occupation.
3. Slight Physical Injuries (Article 266, RPC)
These are minor injuries where the victim is incapacitated or requires medical medical attendance for one (1) to nine (9) days, or where the injury does not prevent the victim from engaging in their habitual work.
- This also covers "Ill-treatment" where no actual injury is sustained, but the offender used physical force (e.g., a slap that leaves no mark).
4. Special Cases: Mutilation and Qualifiers
- Mutilation (Article 262): Intentionally depriving a person of a limb or an essential organ for reproduction.
- Qualifying Circumstances: If the victim is one's parent, spouse, or child, the charge may be elevated to Parricide (if death occurs) or carry higher penalties under laws like R.A. 9262 (Violence Against Women and Their Children).
II. Threats and Coercion
Threats involve the intimidation of a person, creating a well-grounded fear of an imminent or future wrong.
1. Grave Threats (Article 282, RPC)
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 Condition: If the offender demands money or imposes a condition, the penalty is higher.
- Without Condition: If the threat is made simply to cause fear without a specific demand.
2. Light Threats (Article 283 & 285, RPC)
- Article 283: Threats that do not amount to a crime (e.g., threatening to do something legal but harmful to one's reputation) but are made with a condition or demand.
- Other Light Threats: This includes threatening someone with a weapon in a quarrel (if it doesn't stay as attempted physical injury) or making oral threats in the heat of anger.
3. Grave Coercion (Article 286, RPC)
While distinct from a simple threat, coercion occurs when a person, without authority of law, prevents another from doing something lawful or compels them to do something against their will, through violence, threats, or intimidation.
III. Procedural Requirements and Evidence
To successfully file these charges in the Philippines, the following are generally required:
1. The Complaint-Affidavit
The victim (Complainant) must execute a sworn statement detailing the "who, what, when, where, and how" of the incident. This is filed before the Office of the City or Provincial Prosecutor for Preliminary Investigation.
2. Supporting Evidence
- Medical Certificate: In physical injury cases, a medico-legal certificate from a licensed physician is indispensable to categorize the injury (Slight, Less Serious, or Serious).
- Affidavits of Witnesses: Statements from people who saw the assault or heard the threats.
- CCTV/Photos/Videos: Modern evidence that can corroborate the occurrence of the crime.
3. The Katarungang Pambarangay (Mediation)
For most cases of Slight Physical Injuries and Light Threats between parties residing in the same city or municipality, the law requires the case to undergo Barangay Conciliation first. A "Certificate to File Action" is required before the Prosecutor's Office will entertain the complaint, unless the crime is "non-mediable" (e.g., those involving serious physical injuries or those with high penalties).
IV. Summary Table of Crimes
| Crime | Duration of Injury/Nature | Primary Legal Basis |
|---|---|---|
| Serious Physical Injuries | > 30 days / Deformity / Loss of limb | Art. 263, RPC |
| Less Serious Physical Injuries | 10 to 30 days | Art. 265, RPC |
| Slight Physical Injuries | 1 to 9 days | Art. 266, RPC |
| Grave Threats | Threatening a crime (e.g., Killing) | Art. 282, RPC |
| Light Threats | Oral threats in heat of anger | Art. 285, RPC |