Physical Injuries in the Philippines: Criminal Charges and Civil Damages

In the Philippines, causing physical harm to another person triggers a dual-track legal liability: Criminal Liability, which involves the state punishing the offender with imprisonment or fines, and Civil Liability, which seeks to compensate the victim for the harm suffered.

Understanding these concepts requires a look into the Revised Penal Code (RPC) and the Civil Code of the Philippines.


I. Criminal Charges: The Revised Penal Code

Criminal physical injuries are classified based on the severity of the wound and the period required for medical recovery or incapacity to work.

1. Less Serious Physical Injuries (Art. 265)

This charge applies when the injuries sustained require medical attendance or cause incapacity for labor for a period of 10 to 30 days.

  • Penalty: Arresto mayor (1 month and 1 day to 6 months of imprisonment).

2. Serious Physical Injuries (Art. 263)

This is a more severe charge where the injury results in permanent damage or long-term recovery. The penalty depends on the outcome:

  • Insanity, imbecility, impotence, or blindness: Prision mayor (6 years and 1 day to 12 years).
  • Loss of speech, hearing, smell, or a principal limb: Prision correccional in its medium and maximum periods.
  • Deformity or loss of a non-principal limb/function: Prision correccional in its minimum and medium periods.
  • Incapacity/Medical attendance for more than 30 days: Arresto mayor in its maximum period to prision correccional in its minimum period.

3. Slight Physical Injuries (Art. 266)

These are minor injuries where recovery takes less than 9 days or requires no medical attendance at all.

  • Penalty: Arresto menor (1 to 30 days) or a fine.

4. Special Categories

  • Mutilation (Art. 262): Deliberately cutting off a body part (e.g., castration).
  • Physical Injuries in a Tumultuous Affray (Art. 252): When a quarrel breaks out among several people and it cannot be determined who specifically caused the serious physical injury.

II. Civil Damages: Seeking Compensation

Under Article 100 of the Revised Penal Code, "every person criminally liable for a felony is also civilly liable." Even if a person is acquitted on "reasonable doubt," they may still be held civilly liable under the Civil Code.

In a legal claim, a victim may demand the following types of damages (remembered by the acronym M.A.N.T.E.L.):

1. Actual or Compensatory Damages

These cover the pecuniary (monetary) loss suffered by the victim.

  • Medical Expenses: Hospital bills, medicines, and therapy (must be backed by official receipts).
  • Loss of Earning Capacity: If the injury prevents the victim from working.

2. Moral Damages

These are awarded for physical suffering, mental anguish, fright, serious anxiety, and moral shock. Unlike actual damages, no receipts are needed; the amount is left to the discretion of the court based on the victim's ordeal.

3. Exemplary or Corrective Damages

These are imposed by way of example or correction for the public good, typically if the crime was committed with aggravating circumstances.

4. Nominal Damages

Awarded to vindicate a right that has been violated, even if no actual loss was proven.

5. Temperate or Moderate Damages

Awarded when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty.


III. Important Procedural Notes

The "Barangay" Requirement

For Slight or Less Serious Physical Injuries, the law usually requires the parties to undergo Barangay Conciliation (Katarungang Pambarangay) before a complaint can be filed in court. Failure to get a "Certificate to File Action" can lead to the dismissal of the case.

Reckless Imprudence

If the injury was not intentional but resulted from negligence (e.g., a car accident), the charge is Reckless Imprudence Resulting in Physical Injuries under Article 365 of the RPC. The penalties are generally lower than intentional felonies.

Independent Civil Action

Under Article 33 of the Civil Code, in cases of physical injuries, a civil action for damages may proceed independently of the criminal prosecution and requires only a preponderance of evidence (51% certainty) rather than proof beyond reasonable doubt.


Note: The severity of the charge can be "upgraded" to Attempted or Frustrated Homicide/Murder if the prosecution can prove the "intent to kill," regardless of the duration of the medical recovery.

Would you like me to draft a sample demand letter or a more detailed breakdown of the Barangay Conciliation process for these types of cases?

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.