In the Philippine legal system, crimes against persons—specifically physical injuries and assault—are primarily governed by the Revised Penal Code (RPC). These provisions categorize offenses based on the severity of the injury, the intent of the perpetrator, and the status of the victim. Understanding these distinctions is crucial, as the penalties range from minor fines to lengthy imprisonment.
I. Physical Injuries
Physical injuries are classified under the RPC based on the duration of medical attendance required or the resulting deformity or disability.
1. Less Serious Physical Injuries (Art. 265)
This occurs when the injuries inflicted require medical assistance for ten (10) to thirty (30) days, or incapacitate the victim for the same period.
- Penalty: Arresto mayor (1 month and 1 day to 6 months).
- Qualifying Circumstance: If there was a manifest intent to insult or offend the victim, or if the victim is the offender's parent, ascendant, guardian, or spouse, the penalty is increased.
2. Serious Physical Injuries (Art. 263)
Serious physical injuries are determined by the gravity of the permanent damage caused. The penalties are graduated as follows:
- Prision mayor (6 years and 1 day to 12 years): If the injured person becomes insane, imbecile, impotent, or blind.
- Prision correccional in its medium and maximum periods (2 years, 4 months, and 1 day to 6 years): If the victim loses the use of speech, the power to hear or smell, or loses an eye, a hand, a foot, an arm, or a leg.
- Prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months): If the victim becomes deformed, loses any other member of their body, or loses the use thereof.
- Arresto mayor in its maximum period to prision correccional in its minimum period (4 months and 1 day to 2 years and 4 months): If the injuries cause illness or incapacity for more than thirty (30) days.
3. Slight Physical Injuries and Maltreatment (Art. 266)
This applies to minor altercations where the injuries are superficial.
- Arresto menor (1 to 30 days): If the injury requires medical attendance for 1 to 9 days.
- Arresto menor or a fine: If the injury does not prevent the victim from engaging in their habitual work nor require medical attendance.
- Ill-treatment: If the offender sheds no blood but ill-treats the victim by deed (e.g., a slap that causes no injury).
II. Assault: Direct Assault and Resistance
While "assault" in some jurisdictions refers to the threat of violence, in Philippine law, Direct Assault specifically refers to attacks against persons in authority or their agents.
1. Direct Assault (Art. 148)
This is committed by any person who, without a public uprising, employs force or intimidation for the attainment of any of the purposes of rebellion/sedition, or attacks, employs force, or seriously intimidates/resists any person in authority or their agent while engaged in the performance of official duties.
- Penalty: Prision correccional in its medium and maximum periods and a fine.
- Who are persons in authority? Teachers, professors, lawyers, barangay captains, and judges. Agents include police officers and any person who, by direct provision of law, is charged with the maintenance of public order.
2. Resistance and Disobedience (Art. 151)
If the resistance to an authority figure is not "serious" enough to constitute direct assault, it falls under this article.
- Penalty: Arresto mayor and a fine.
III. Special Laws and Aggravating Factors
Beyond the Revised Penal Code, specific statutes provide harsher penalties for physical injuries depending on the context.
| Statute | Context | Key Provision |
|---|---|---|
| R.A. 9262 (VAWC) | Violence Against Women and Children | Penalties are often one degree higher than those in the RPC if the victim is a woman or her child in a domestic context. |
| R.A. 7610 | Child Abuse Law | Provides stricter penalties for physical injuries inflicted upon minors, emphasizing "cruelty." |
| R.A. 11053 | Anti-Hazing Act of 2018 | If physical injuries occur during initiation rites, the penalties can reach Reclusion Perpetua (up to 40 years) if death, rape, or sodomy results. |
IV. Determining Intent: Frustrated Homicide vs. Physical Injuries
A critical point in Philippine jurisprudence is the intent to kill. If an offender attacks another with a deadly weapon (e.g., a gun or a large bolo) and hits a vital organ, but the victim survives due to timely medical intervention, the charge is Frustrated Homicide, not Physical Injuries.
If there is no intent to kill—for instance, if the offender used a small stick or aimed only at the legs—the charge remains Physical Injuries, even if the recovery takes a long time.
Note on Civil Liability: In all cases of physical injuries or assault, the accused, if found guilty, is also civilly liable. This includes "actual damages" (medical bills), "moral damages" (physical suffering and mental anguish), and "exemplary damages" if the crime was committed with gross negligence or malice.