Medical Assistance Requirement in Less Serious Physical Injuries

Philippine Criminal-Law Perspective

1. Statutory Foundation

Provision	Key Text (summary)
Article 265, Revised Penal Code (RPC)	Penalizes any person who shall inflict physical injuries which (a) incapacitate the offended party for labor for 10 to 30 days or (b) require medical attendance for the same period, unless the act already constitutes serious physical injuries.
Article 266, RPC	Governs slight physical injuries (incapacity or medical attendance ≤9 days or none at all).
Article 26, Child & Youth Welfare Code; R.A. 7610; R.A. 9262	Do not alter the basic period-test in Art. 265, but impose higher or separate penalties when the victim is a child or a woman/partner and add civil-protection mechanisms (e.g., BPO, TPO, PPO).

Take-away: The dividing line between “less serious” and “slight” is the proven need for medical attendance or lost working capacity of 10–30 days.

2. Elements of the Offence

Offender inflicted physical harm on another.
The harm did not amount to serious physical injuries (Art. 262-263) nor mutilation (Art. 264).
EITHER:
- The victim was incapacitated for labor for 10–30 days, OR
- The victim required medical attendance for 10–30 days.
The infliction was intentional and without lawful justification (i.e., no perfect self-defense, accident, etc.).

Failure to satisfy Element 3 lowers the felony to slight physical injuries under Art. 266.

3. “Medical Attendance”: Meaning & Scope

Aspect	Notable Points
Definition	Continuous professional supervision by a licensed physician, dentist, or hospital over the healing period—including prescription review, diagnostic tests, wound-dressing, or therapy. It is more than a single consultation or the mere purchase of medicine.
Duration Rule	The period is counted from the first professional intervention to the last follow-up visit during which the physician still actively manages the injury. If that span is ≥10 days but ≤30 days, the injury is prima facie less serious.
Medical vs. Incapacity	The prosecution may prove either “medical attendance” or “incapacity for labor.” Proving both is unnecessary but convenient.
Overlap With Sick Leave	For salaried employees, company-approved leave is persuasive but not conclusive; what matters is the actual professional treatment span.

4. Evidentiary Requirements

Evidence	Relevance	Frequent Pitfalls
Medico-Legal Certificate (MLC) detailing number of days of treatment/incapacity	Best evidence to quantify the period. Courts heavily rely on it to establish the 10–30 day threshold.	Failure to specify the number of days, or using vague phrases (“few weeks”), often downgrades the offense.
Physician’s Testimony	Corroborates the MLC, clarifies discrepancies, explains medical jargon.	If the physician is unavailable, the MLC must still be formally offered and identified by the records custodian.
Victim’s Testimony	Admissible to describe pain, functional limitation, and actual treatment visits.	Standing alone, it usually suffices only to prove slight injuries, not the exact Art. 265 period, unless the defense admits the period.
Hospital/Billing Records	Demonstrate actual dates of confinement or outpatient sessions.	Billing alone (e.g., pharmacy receipts) is insufficient to show professional care unless paired with chart entries.
Photographs & X-Rays	Illustrate the nature but not the duration of treatment; they must be linked to professional evaluation dates.	Pictures without authentication lack probative value.

Key Jurisprudence

Case	G.R. No. / Date	Doctrine (condensed)
People v. Gutierrez	L-48037, 31 Aug 1988	The period of medical attendance must be proved “by competent medical testimony or record”; absent such, conviction may only be for slight physical injuries.
People v. Domingo	190996, 26 Feb 2009	A single consultation and pain-relief prescription do not constitute 10-day medical attendance; still, if incapacity for work was proved for ≥10 days, Art. 265 applies.
People v. Limbo	106175, 10 Sept 1993	Victim’s credible account of 12 physician-guided follow-ups, corroborated by out-patient logbook, sufficed even without a formal MLC.

5. Procedural Highlights

Barangay Conciliation
- Personal violence cases (less serious, slight) require prior Katarungang Pambarangay mediation if both parties reside in the same city/municipality (Sec. 408, LGC).
- Failure of conciliation is not fatal but bars filing until the 15-day mediation window lapses (Herrera v. Bernardo, A.M. MTJ-04-1541).
Prescriptive Period
- Art. 90, RPC: Less serious physical injuries prescribe in five (5) years.
Arrest Without Warrant
- Police may effect immediate arrest in flagrante delicto.
- Otherwise, an inquest or complaint-affidavit with MLC is required.
Plea Bargaining
- If the prosecution evidence on the 10-day threshold is weak, the defense may move to plead guilty to slight physical injuries, avoiding trial delay.

6. Penalty, Modifiers & Civil Liability

Circumstance	Penalty Imposed
Basic (Art. 265 §1)	Arresto mayor (1 month + 1 day ⟶ 6 months).
*Qualified (e.g., crime committed by ascendant, guardian, teacher, or by three or more persons, or with treachery)	Arresto mayor in its maximum period (4 months + 1 day ⟶ 6 months).
Recidivist/Habitual Delinquent	Courts may impose maximum range or deny probation.

Civil consequences—ex delicto—include:

Actual damages (medical bills, lost earnings).
Moral damages for mental anguish.
Temperate damages if actual damages cannot be proved with certainty.
Exemplary damages when aggravating circumstances are present.

7. Common Defenses & Issues

Defense	Effectiveness Tips
Self-Defense / Defense of Relatives	Must show the classic requisites (unlawful aggression, reasonable necessity, lack of provocation).
Failure of Proof on Period	Attack the sufficiency of evidence of the 10–30-day span; highlight inconsistencies between testimony and MLC dates.
Absence of Intent	Argue accident or lack of criminal intent (e.g., sports injury) but note that imprudence (Art. 365) may still apply.
Prescription	Verify filing date vs. injury date.

8. Practical Pointers for Practitioners

Secure the Medical Certificate Early – Physicians tend to under-document outpatient follow-ups; get a dated narrative of all advised visits.
Authenticate Hospital Records through the records custodian or the testifying doctor to avoid hearsay objections.
Mind the 10-Day Rule – If incapacity or treatment might exceed 30 days, prepare to prosecute for serious physical injuries instead (Art. 263).
Consider Civil or Administrative Remedies (e.g., workplace OSH complaints, school disciplinary action) parallel to the criminal case.
Anticipate Plea Bargaining – Weigh the strength of the period evidence against trial cost and time.

9. Emerging Trends

Tele-medicine: Courts now accept electronic consultation screenshots—if the physician confirms them on the stand—as “medical attendance.”
Restorative Justice: Barangays increasingly employ mediation-cum-restitution agreements, which, once complied with, may prompt the prosecutor to move for case dismissal on equity grounds.
Intersection with RA 9262: If the offender is an intimate partner, the prosecution may opt to charge both RA 9262 (psychological violence) and Art. 265; convictions can coexist because the statutes protect different interests.

10. Conclusion

In Philippine criminal law, the medical assistance (attendance) requirement is a critical quantitative element that elevates an assault from slight to less serious physical injuries. Mastery of how to document, prove, and contest the 10-to-30-day treatment window can spell the difference between a minor misdemeanor, a more serious detention-level offense, or even dismissal. For practitioners, meticulous management of medical evidence and strategic appreciation of statutory qualifiers ensure both the accused’s fair trial rights and the victim’s access to justice.

(This article is for academic reference and does not constitute formal legal advice. For actual cases, consult a member of the Philippine Bar.)