*This article gives a practitioner-level discussion of the *“medical attendance” requirement in prosecutions for Less Serious Physical Injuries under Article 265 of the Revised Penal Code (RPC), as amended. It is written for the Philippine legal context and is not a substitute for formal advice from counsel.

1. Statutory framework

Article 265 punishes “physical injuries…which shall incapacitate the offended party for labor for ten (10) days or more or shall require medical attendance for the same period.” The basic penalty is arresto mayor; fines were updated by R.A. 10951 in 2017.

2. Where “medical attendance” fits in the RPC grading of injuries

Classification	Period of incapacity / medical attendance	Governing article
Serious physical injuries	> 30 days, or permanent effects	Art. 263
Less serious physical injuries	10 – 30 days or proof of medical attendance for the same period	Art. 265
Slight physical injuries	1 – 9 days incapacity/attendance, or none at all	Art. 266

The prosecution must prove the exact span—any doubt defaults to the next lower class. See US v. Trinidad, G.R. L-1851 (1905) and People v. Penesa, CA-G.R. No. 263 (19 Aug 1948) where failure to show the days of treatment reduced liability to slight physical injuries. (Academia)

3. Meaning of “medical attendance”

Philippine cases use the terms medical assistance, medical treatment and medical attendance interchangeably, but the accepted test is functional:

“The phrase means actual attendance by a physician or health professional, including follow-up visits, medication, dressing of wounds, therapy, or diagnostic procedures, which the injury makes reasonably necessary.” – People v. Penesa (supra), quoted in Reyes, The RPC, Book II (2023 ed.). (Academia)

Points settled by jurisprudence and commentary:

Even if the victim keeps working, the need to see a doctor for 10–30 days satisfies Art. 265. Incapacity and attendance are alternative, not cumulative requirements. (Academia)
“Days” are calendar days, counted from infliction until the last medically-required visit, not counting purely administrative follow-ups.
A single consultation followed by self-medication is not medical attendance for ten days.
Physical therapy, radiography, or laboratory monitoring ordered by a doctor are included.

4. Evidentiary requirements

Proof needed	Common evidentiary sources	Notes
Number of days of attendance	Medico-legal certificate; doctor’s testimony; hospital records	The certificate is desirable but not indispensable if the doctor testifies to the schedule and necessity of treatment (People v. Pama, G.R. 90297-98, 11 Dec 1992).
Causal link to the blow	Same medical evidence, plus eyewitness/victim narration	Merely presenting receipts for medicine is insufficient without medical correlation.
Allegation in the Information	Period of incapacity or attendance must be alleged or conviction is limited to slight physical injuries (People v. Vianna, G.R. 241500, 6 Dec 2022) (Supreme Court of the Philippines, Lawphil)

5. Typical pitfalls for prosecutors

Unproved duration – In People v. XXX, G.R. 234217 (12 Nov 2018) the Court downgraded the conviction because “there was no competent evidence to establish that he was … required medical attendance for more than nine days.” (Lawphil)
Complaint relies on clinic slip – A triage note lacking the doctor’s name/date will not suffice.
Information alleges incapacity, evidence proves only attendance (or vice-versa) – This is a fatal variance. Amend the Information before resting.

6. Interaction with aggravating or qualifying circumstances

Article 265 increases penalties when the injuries are inflicted:

With manifest intent to kill or to offend with ignominy
Against parents, ascendants, guardians, teachers, or persons in authority – provided it is not already direct assault.

The medical-attendance element still has to be proved; the qualifiers merely elevate the penalty once Art. 265 is established.

7. Penalty, prescription and bail

Topic	Rule
Penalty	Arresto mayor (1 mo & 1 day – 6 mo) + up to ₱50,000 fine (R.A. 10951).
Classification	Less grave felony → prescriptive period 10 years (Art. 90).
Bail	Bailable as a matter of right (Art. 24, Constitution; Rule 114).

8. Relationship with other statutes

R.A. 9262 (Anti-VAWC) – The underlying injury is still measured by Art. 263-266, but the act is punished under a special law with heavier penalties.
Labor & compensation laws use “medical attendance” in disability rules (e.g., Sec. 13, Labor Code) but these standards do not control criminal classification; they are merely persuasive. (Lawphil)

9. Practical checklist for litigators

Secure a detailed medico-legal certificate indicating:
- dates of each consultation/treatment;
- medical orders (e.g., medication, therapy); and
- opinion on when treatment may cease.
Have the physician testify to authenticate the certificate.
Corroborate with the victim’s diary/pay-slips if incapacity is also alleged.
Allege exactly one of the two prisms (incapacity or attendance) in the Information and match your evidence to it.
Mind prescription – if re-filing as slight physical injuries, remember the two-month limit for light felonies.

10. Conclusion

“Medical attendance” is more than a procedural nicety; it is the fulcrum that separates slight from less serious physical injuries when the victim’s work incapacity is unclear. Precise pleading and meticulous medical proof are indispensable—the difference can decide both the penalty and whether the case is already time-barred.