PHYSICAL-INJURY CASES IN PHILIPPINE CRIMINAL PROCEDURE ― A COMPREHENSIVE GUIDE ―
1. Legal Foundations
| Source | Key Provisions |
|---|---|
| Revised Penal Code (RPC) | Arts. 262-266 define: • Serious Physical Injuries (SPI) • Less-Serious Physical Injuries (LSPI) • Slight Physical Injuries (SLPI) • Mutilation (Art. 262) |
| Republic Acts | • R.A. 10951 (2017) – readjusted fines/penalties under the RPC. • Special laws (e.g., VAWC – R.A. 9262) may absorb or re-classify injuries inflicted in particular contexts. |
| Rules of Court (1997, as amended) | Book II: Criminal Procedure (Rule 110–127). |
| Constitution (1987) | Art. III, Bill of Rights – due-process, bail, speedy disposition, right to be informed of the nature and cause of accusation, confrontation, compulsory process. |
| Medico-Legal Protocols | PNP Manual on the Investigation of Crimes of Violence (2020 ed.); DOH Administrative Orders on medico-legal certificates. |
| Jurisprudence | E.g., People v. Pantoja (G.R. No. 22381, 1967) – weight of medico-legal findings; Gonzales v. Office of the Ombudsman (G.R. No. 196231, 2015) – effect of affidavit of desistance; Go v. CA (G.R. No. 101837, 1993) – serious v. less-serious injuries. |
2. Substantive Classification
| Category | Elements | Penalty (as amended by R.A. 10951) | Jurisdiction |
|---|---|---|---|
| Serious Physical Injuries (Art. 263) | Any of the enumerated results (e.g., incapacity for labor >30 days, serious deformity, loss of any organ, insanity, etc.) with intent to injure | Ranges from arresto mayor – prision mayor depending on result; fines ₱100,000–₱200,000 | Typically Regional Trial Court (RTC) because max penalty > 6 years |
| Less-Serious Physical Injuries (Art. 265) | Incapacity for labor or medical attendance 10–30 days without qualifying circumstances | Arresto mayor & fine up to ₱100,000 | Metropolitan/Municipal Trial Court (MeTC/MTC) |
| Slight Physical Injuries (Art. 266) | Incapacity ≤ 9 days or none at all, but injury present; includes ill-treatment | Arresto menor OR fine up to ₱40,000 | MTC/MeTC |
| Mutilation (Art. 262) | Intentional and unlawful deprivation of an essential organ (e.g., castration) | Reclusion temporal to reclusion perpetua | RTC |
Aggravating circumstances (Arts. 14–15) – e.g., treachery, superior strength, abuse of minors/elderly – raise the penalty by degree. Mitigating circumstances (Art. 13) – voluntary surrender, plea of guilt, etc. – may lower the penalty.
3. From Injury to Court: Procedural Timeline
Commission of the Act Any person may peaceably apprehend the offender if caught in flagrante (Rule 113, §5). Otherwise, the police conduct a Warrantless Arrest (Inquest) or a Complaint-Affidavit is executed.
Medico-Legal Examination
- Mandatory for classification; the duration of incapacity governs the proper article charged.
- Doctors must state exact days of medical treatment and incapacity; speculative or rounded-off periods are insufficient (People v. Manansala, G.R. No. 181501, 2014).
Police Investigation & Evidence Gathering
- Sworn statements, sketches, photographs, CCTV grabs.
- Chain of custody for any physical evidence (e.g., weapon).
- Barangay conciliation (R.A. 7160, Lupon Tagapamayapa) is mandatory for LSPI/SLPI unless exceptions apply (serious offenses, parties reside in different cities, etc.).
Prosecutor’s Level
- Inquest (within 36 hrs) for warrantless arrests; otherwise, regular Preliminary Investigation (Rule 112).
- Possible Dismissal, Filing of Information, or Referral for barangay settlement.
- Offended party may appeal a dismissal to the Secretary of Justice (DOJ Review).
Filing of Information
- Venue: court of the municipality/city where injury was inflicted.
- Information must allege the particular acts and the qualifying result (e.g., “causing the loss of the right eye”).
Issuance of Warrant / Bail
- Bailable as a matter of right for all physical-injury offenses except mutilation (penalty ≥ reclusion temporal) where bail is discretionary (Rule 114, §4).
Arraignment & Plea
- Within 30 days of court’s acquisition of jurisdiction.
- Plea-bargaining common: e.g., from SPI to LSPI, subject to approval and civil-liability reservation.
Pre-Trial
- Stipulation of facts; marking of exhibits; referral to mediation (JDR) for civil aspects.
Trial Proper
- Prosecution evidence: clinical records, medico-legal, eyewitnesses, CCTV, weapon.
- Defense: alibi, self-defense, accident, privileged mitigating circumstances (e.g., obedience to superior, complete/partial self-defense).
- Doctor’s testimony is indispensable if defense squarely contests medical findings (Rule 130, Expert testimony).
Promulgation of Judgment
- Conviction: imposes penalty plus civil indemnity (Art. 100, RPC): actual damages (medical bills), moral damages, exemplary damages (if aggravating), attorney’s fees.
- Acquittal: civil action may still prosper if liability proven by preponderance.
Post-Judgment Remedies
- Motion for Reconsideration/New Trial (Rule 121) within 15 days.
- Appeal to RTC or Court of Appeals depending on court of origin.
Execution & Probation
- Prison sentences ≤ 6 years (or ≤ 8 years if amended by R.A. 10707) may be suspended via Probation, except when the accused is disqualified (e.g., already on probation, convicted of mutilation).
4. Evidentiary Essentials
| Evidence | Relevance |
|---|---|
| Medical Certificate & Healing Periods | Dictates classification; prosecution must prove actual days of incapacity. |
| Photographs & CT scans | Visual confirmation of permanent deformity or loss of organ. |
| Weapon (if any) | Identifies aggravating circumstance of use of deadly weapon (Art. 14[5]). |
| Intent | Physical-injury articles require dolo (intent) except in quasi-offense (e.g., reckless imprudence resulting to physical injury under Art. 365). |
| Consent & Privileged Communications | Affidavits of desistance do not bar prosecution (People v. Dizon, G.R. No. 195701, 2014). |
| Prescription | SPI: 15 years; LSPI: 10 years; SLPI: 2 months (Art. 90, RPC). Complaint-affidavit alone interrupts prescription; barangay complaint likewise. |
5. Interaction with Related Offenses
- Reckless Imprudence Resulting in Physical Injuries (Art. 365) – negligence, not intent; penalties scaled one degree lower than if intentional.
- Violence Against Women & Children (RA 9262) – physical injuries in VAWC context are absorbed; penalties are higher (often prision correccional to prision mayor).
- Frustrated Homicide/Parricide/Murder vs. SPI – if death would have ensued without timely medical aid and intent to kill is proven, charge should be frustrated homicide.
- Torture (RA 9745) – supersedes RPC if the offender is a state agent and injuries are inflicted to obtain information or as punishment.
6. Civil Action: “Ex Delicto” and Independent Damages
- Implicitly instituted with the criminal action unless waived (Rule 111).
- Actual, moral, exemplary damages follow the separate quantum of evidence (preponderance), independent of criminal conviction.
- Insurance and PhilHealth payments are deducted from recoverable actual damages (People v. Malana, G.R. No. 233747, 2022).
- Survival or Wrongful-death suit unnecessary; heirs may intervene for damages in serious cases resulting in permanent disability.
7. Common Practice Pitfalls
| Pitfall | Practical Tip |
|---|---|
| Vague Medical Certificates | Ensure the doctor states exact healing period and specifies whether days refer to “medical attendance” or “incapacity for labor.” |
| Barangay Non-appearance | Document all summons and notices; Lupon can issue a Certification to File Action after two failed hearings. |
| Over-charging | Prosecutors should align Information with the certified incapacity days; over-charging leads to acquittal or variance issues. |
| Inconsistent Affidavits | Anticipate Marcos v. Sandiganbayan cross-examination; inconsistencies can be fatal if medical proof is weak. |
| Delay in Prosecution | Assert the right to speedy trial (Rule 119); dismissal via Cagang v. Sandiganbayan (A.M. 17-06-02, 2018) factors: length, reason, assertion, prejudice. |
8. Recent Developments & Trends (as of May 2025)
No new legislation in 2024-2025 specifically amending Arts. 262-266. However, the Justice Sector Coordinating Council has piloted e-subpoena and e-warrant systems shortening arrest-to-arraignment timelines. Courts now routinely accept electronic medico-legal certificates authenticated via QR code per OCA Circular 164-2024.
9. Quick-Reference Flowchart
- Injury → 2. Police/Barangay → 3. Medico-Legal Exam → 4. Complaint or Inquest → 5. Prosecutor → 6. Information Filed → 7. Bail/Warrant → 8. Arraignment → 9. Pre-Trial → 10. Trial → 11. Judgment → 12. Appeal / Execution / Probation
(Always parallel civil action for damages unless waived.)
10. Conclusion
Physical-injury cases in the Philippines rest on precise medical evidence and strict procedural safeguards: barangay conciliation for minor injuries, prosecutorial filtering, bail as a matter of right, and rights-based trial. Mastery of the classification thresholds (9/30-day rule), the medico-legal lexicon, and the revised penalties under R.A. 10951 is essential for both defense and prosecution. Equally crucial is vigilance against delays and improper venue, as they are fertile grounds for dismissal. Understanding these layers ensures that offenders are held accountable while protecting the constitutional rights of every accused.