In Philippine criminal law, physical injuries are categorized based on the severity of the harm inflicted, the duration of medical attendance required, and the resulting period of incapacity for labor. The Revised Penal Code (RPC) provides a graduated scale of penalties for Serious, Less Serious, and Slight Physical Injuries.
I. Serious Physical Injuries (Article 263)
Serious physical injuries are the most severe non-fatal injuries. The penalties depend strictly on the resulting disability or the length of time the victim is incapacitated.
Gradations of Penalties
Under Article 263, the offender shall suffer:
- Prision mayor: If the injured person becomes insane, imbecile, impotent, or blind as a consequence of the physical injuries.
- Prision correccional in its medium and maximum periods: If the person loses the use of speech, the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg; or loses the use of any such member; or becomes incapacitated for the work in which they were habitually engaged.
- Prision correccional in its minimum and medium periods: If the person becomes deformed, loses any other part of their body, loses the use thereof, or becomes ill or incapacitated for the performance of their habitual work for more than 90 days.
- Arresto mayor in its maximum period to prision correccional in its minimum period: If the physical injuries caused illness or incapacity for labor for more than 30 days but not more than 90 days.
II. Less Serious Physical Injuries (Article 265)
An injury is classified as "Less Serious" when it does not fall under the criteria of Article 263 but still requires medical attendance or causes incapacity.
- Definition: Injuries that incapacitate the victim for labor or require medical attendance for 10 to 30 days.
- Penalty: The penalty is arresto mayor (1 month and 1 day to 6 months).
Qualified Less Serious Physical Injuries
The penalty may be increased or specialized in certain contexts:
- Manifest Intent to Insult: If there is proof of manifest intent to insult or disregard the respect due to the offended party by reason of rank, age, or sex, or if the injury is inflicted upon a parent, ascendant, guardian, teacher, or person in authority, the penalty is arresto mayor in its maximum period and a fine.
- Domestic Violence: Note that if the victim is a woman or her child, the case may be governed by R.A. 9262 (Anti-Violence Against Women and Their Children Act), which imposes harsher penalties.
III. Slight Physical Injuries and Maltreatment (Article 266)
This category covers minor injuries that heal quickly or acts that do not cause visible injury but involve physical contact.
Three Types of Slight Physical Injuries
- Incapacity for 1 to 9 Days: Physical injuries that incapacitate the victim for labor or require medical attendance for one to nine days.
- Penalty: Arresto menor (1 to 30 days).
- No Incapacity: Physical injuries that do not prevent the victim from engaging in their ordinary labor nor require medical assistance.
- Penalty: Arresto menor or a fine.
- Ill-treatment by Deed: This refers to physical contact or "maltreatment" where no actual injury is produced (e.g., slapping or pushing without causing a bruise or wound).
- Penalty: Arresto menor in its minimum period or a fine.
Summary Table of Penalties
| Classification | Duration of Incapacity / Medical Attendance | Primary Penalty (RPC) |
|---|---|---|
| Serious (Type 1) | Permanent (Blindness, Insanity, Impotence) | Prision mayor |
| Serious (Type 2) | Loss of speech, hearing, smell, or main limb | Prision correccional (Med. to Max.) |
| Serious (Type 3) | More than 90 days / Deformity | Prision correccional (Min. to Med.) |
| Serious (Type 4) | More than 30 days to 90 days | Arresto mayor (Max.) to Prision correccional (Min.) |
| Less Serious | 10 to 30 days | Arresto mayor |
| Slight (Type 1) | 1 to 9 days | Arresto menor |
| Slight (Type 2) | No incapacity / No medical attendance | Arresto menor or Fine |
| Maltreatment | No injury (Ill-treatment by deed) | Arresto menor (Min.) or Fine |
Key Legal Considerations
Note on Intent: If the offender had the intent to kill but the victim survived, the charge should be Frustrated or Attempted Homicide/Murder, regardless of the medical attendance duration. Physical injury charges apply only when the intent to kill is absent.
- RA 10951: This law adjusted the fines associated with these crimes to reflect modern inflation, though the periods of imprisonment remain as defined in the original code.
- Prosecution of Slight Physical Injuries: These are classified as light offenses and generally fall under the jurisdiction of the Metropolitan/Municipal Trial Courts and are often subject to mandatory Katarungang Pambarangay (Barangay Conciliation) before a court case can be filed.