(A practitioner-oriented overview in the Philippine legal context)
1) Core statutory bases
Revised Penal Code (RPC):
- Art. 262 – Mutilation (mayhem)
- Art. 263 – Serious Physical Injuries
- Art. 265 – Less Serious Physical Injuries
- Art. 266 – Slight Physical Injuries and Maltreatment
- Art. 264 – Administering injurious substances or beverages (a distinct offense often charged when harm is caused by poison or similar means)
- Art. 365 – Criminal negligence (imprudence) causing physical injuries
General rules affecting penalties: Arts. 13–15 (mitigating, aggravating, qualifying circumstances), Arts. 61–71 (graduation of penalties), Art. 22 (favorabilia sunt amplianda), Act No. 4103 (Probation Law), and R.A. 10951 (2017) (updated fines/thresholds across the RPC).
Interacting special laws (often charged in lieu of or in addition to the RPC when elements fit):
- R.A. 9262 (Anti-Violence Against Women and Their Children) – physical, psychological, economic abuse against covered persons.
- R.A. 7610 (Special Protection of Children) – child abuse, exploitation; any harm to a child can be prosecuted under this special law.
- R.A. 9344, 10630 – Juvenile Justice and Welfare (child offenders, diversion).
- R.A. 10364 (Anti-Trafficking), R.A. 11036 (Mental Health) – may be relevant to harm contexts.
- R.A. 10586 (Anti-Drunk and Drugged Driving) – injuries caused by DUI carry specific penalties.
2) Key concepts and definitions
What counts as “physical injuries”
“Physical injuries” under the RPC refer to bodily harm short of death. Liability is result-based (focus on the consequence to the victim) and intent-based (dolo vs. culpa). The law classifies the offense mainly by gravity of the resulting harm and length of incapacity or medical attendance.
Typical medical-legal anchors
- Incapacity for labor and days of medical attendance are established primarily through a medico-legal certificate and physician testimony.
- “Labor” means customary work or ordinary pursuits; incapacity is practical (not merely theoretical).
- “Medical attendance” means active treatment or supervision; mere rest without medical oversight usually does not count.
3) Offense taxonomy and elements
A. Mutilation (Art. 262)
- Act: Intentionally depriving another, totally or partially, of a reproductive organ (e.g., castration) or other bodily member.
- Reproductive-organ mutilation is punished more severely than other intentional mutilations.
- Intent to mutilate is essential; accidental loss is not Art. 262 (it could be negligence under Art. 365).
B. Serious Physical Injuries (Art. 263)
Serious PI exists when any of the following results (illustrative list of legally recognized consequences):
- Insanity, imbecility, impotency, or blindness (usually permanent or long-term).
- Loss of speech, hearing, smell, an eye, hand, foot, arm, or leg; or loss of use of such member; or incapacity or medical attendance for more than 30 days (jurisprudence often uses 31+ days as the operational threshold).
- Deformity, loss of a principal member, or incapacity/medical attendance exceeding statutory thresholds.
- Additional sub-gradations depend on extent, permanence, and functional impact.
Practice tip: Where consequences overlap (e.g., loss of an eye and incapacity beyond 30 days), charge the graver paragraph under Art. 263.
C. Less Serious Physical Injuries (Art. 265)
- Result: Incapacity for labor or medical attendance from 10 to 30 days.
- Intent: Willful (dolo).
- Often subject to barangay conciliation (see §10) unless exceptions apply.
D. Slight Physical Injuries and Maltreatment (Art. 266)
- Result: Incapacity or medical attendance from 1 to 9 days, or harm that does not require medical attendance (e.g., contusions, pain), or maltreatment without injury (e.g., slapping that leaves no treatable injury).
- Light felony; typically fine or arresto menor; generally prescribes quickly (see §11).
E. Administering injurious substances or beverages (Art. 264)
- Act: Knowingly administering harmful substances/beverages.
- Result-based: Penalties escalate when the act causes serious/less/slight injuries, or when done with premeditation, treachery, or cruelty.
F. Criminal negligence causing physical injuries (Art. 365)
- Act: Reckless or simple imprudence resulting in physical injuries.
- Penalty depends on the gravity of the resulting injuries (serious / less serious / slight) and the degree of negligence.
- Used frequently in vehicular incidents (with interplay with R.A. 10586 if DUI).
4) Penalties (by offense and gravity)
Penalty scales (RPC): Arresto menor – 1 day to 30 days Arresto mayor – 1 month and 1 day to 6 months Prisión correccional – 6 months and 1 day to 6 years Prisión mayor – 6 years and 1 day to 12 years Reclusión temporal – 12 years and 1 day to 20 years Reclusión perpetua – 20 years and 1 day to 40 years (indeterminate)
Mutilation (Art. 262)
- Reproductive-organ mutilation: Afflictive penalty (heavier tier; historically up to reclusión temporal/perpetua).
- Other intentional mutilations: Next lower afflictive tier (commonly prisión mayor to reclusión temporal).
- Aggravating/mitigating circumstances adjust within the ranges.
Serious Physical Injuries (Art. 263)
- Permanent/major consequences (e.g., blindness, impotency, insanity; loss of an eye/hand/foot; permanent deformity; loss of use of a principal member): correccional to afflictive penalties, typically prisión correccional up to prisión mayor, depending on the exact paragraph.
- Prolonged incapacity/medical attendance (>30 days): generally prisión correccional (with periods adjusted by circumstances).
Less Serious Physical Injuries (Art. 265)
- 10–30 days incapacity/medical attendance: arresto mayor (period graduated by intent and modifying circumstances).
Slight Physical Injuries (Art. 266)
- 1–9 days incapacity/medical attendance or no treatment required: arresto menor or fine.
- Maltreatment without injury: typically fine (graduated).
Administering injurious substances (Art. 264)
- Without result or with slight result: arresto mayor / prisión correccional (graduated).
- If serious injuries ensue: may rise to prisión mayor tiers.
Criminal negligence (Art. 365) resulting in physical injuries
- Serious injuries: up to prisión correccional (often arresto mayor to prisión correccional depending on recklessness).
- Less/slight injuries: arresto menor/ mayor (graduated).
- Ancillary penalties (e.g., suspension of driver’s license) may attach under special laws (e.g., DUI).
Note: R.A. 10951 revised many fine amounts but did not alter the duration bands above.
5) Circumstances that raise or lower liability
- Justifying circumstances (Art. 11): Self-defense, defense of relatives/strangers, state of necessity, lawful exercise of duty.
- Exempting circumstances (Art. 12): Insanity, minority (subject to R.A. 9344), accident, irresistible force, uncontrollable fear.
- Mitigating (Art. 13): Voluntary surrender, plea of guilt, passion/obfuscation, incomplete self-defense, etc.
- Aggravating/qualifying (Art. 14): Treachery, abuse of superior strength, use of poison, cruelty, nighttime, dwelling, relationship, in front of minors, etc.
- Privileged mitigating (Art. 69) can lower the penalty by one or more degrees (e.g., incomplete self-defense with majority of requisites present).
6) Who may be liable & participation
- Principal by direct participation, by inducement, or by indispensable cooperation (Art. 17).
- Accomplice (Art. 18) and Accessory (Art. 19) liability may apply (e.g., concealing the offender or the instrument).
- Corporate/organizational settings: Individuals are liable; separate administrative or civil accountability may attach to employers (Civil Code Arts. 2180 et seq.).
7) Civil liability and damages
A criminal conviction for physical injuries carries civil liability (RPC Arts. 100–113; Civil Code):
- Actual damages (medical bills, therapy, lost wages) – must be proved.
- Moral damages (for physical suffering, anxiety, mental anguish) – generally available in crimes causing physical injuries.
- Exemplary damages (to deter, when aggravating circumstances are present).
- Temperate damages (when some pecuniary loss is shown but cannot be fully proved).
- Interest on awards (from judicial demand or as fixed by jurisprudence).
Victims may also pursue separate civil actions under special laws (e.g., R.A. 9262 provides distinct civil remedies and protection orders).
8) Evidence & prosecution essentials
- Medico-legal examination: Ideally as soon as practicable; repeat exams document progression/resolution.
- Photographic evidence: Before treatment (if feasible), then after; include scale and date.
- Proof of incapacity/medical attendance: Doctor’s notes, treatment plans, receipts; employer certifications for lost wages.
- Intent or negligence: Shown by acts, weapon used, manner of attack, statements, circumstances (e.g., DUI indicators).
- Chain of custody for weapons/poisons; toxicology for Art. 264 scenarios.
9) Concurrency with special laws
- R.A. 9262 (VAWC): Where the victim is a woman or her child and the offender is an intimate partner or in a dating/marital relationship, prosecutors typically charge R.A. 9262 instead of or alongside the RPC. Penalties and protective measures (TPO/PPO) are tailored to domestic contexts.
- R.A. 7610 (children): Harm to children is prosecuted under R.A. 7610 when exploitation/abuse elements exist; penalties are generally heavier than under the RPC.
10) Barangay conciliation (Katarungang Pambarangay)
- Required before filing in court for less serious and slight physical injuries when parties reside in the same city/municipality and not among the recognized exceptions (e.g., serious offenses, where the accused is a government employee on official duty, parties in different cities/municipalities without agreement to conciliate, urgent legal actions).
- Non-compliance can be a ground for dismissal or suspension of proceedings.
11) Prescriptive periods (time-bar)
- Afflictive penalties (e.g., prisión mayor and above, typical of serious PI with major/permanent consequences or mutilation): 15 years.
- Correctional penalties (e.g., prisión correccional, arresto mayor; typical of serious PI with lesser results and less serious PI): 10 years.
- Light offenses (e.g., slight PI under Art. 266): 2 months.
- Prescription interrupted by filing of the complaint/information and resumes when proceedings terminate without conviction/acquittal for reasons not attributable to the accused (Arts. 90–91).
12) Procedure, custody, bail, probation
- Arrest without warrant is permissible in flagrante delicto or when an offense has just been committed and probable cause points to the person (Rule 113).
- Inquest vs. regular filing: Depending on custody status.
- Bail: Most PI cases are bailable (amount varies by gravity and risk factors).
- Probation: Available for sentences not exceeding 6 years (with statutory exclusions); often considered for less serious and some serious PI outcomes depending on the penalty actually imposed.
- Plea-bargaining is common in less/slight injuries, subject to prosecutor and court approval and victim participation.
13) Practical charging & defense notes
- Pick the paragraph that matches the worst proven consequence. Lesser harms are absorbed.
- Document days carefully: Courts frequently anchor the classification on incapacity/medical attendance days—ensure proofs are consistent and credible.
- Beware of over-classification: If medical evidence shows <10 data-preserve-html-node="true" days, the offense cannot be “less serious.”
- Multiple victims: Consider separate counts; joinder may be procedural but penalties compute per victim.
- Defenses: Self-defense (unlawful aggression, reasonable necessity, lack of sufficient provocation) is common; surveillance/video and third-party eyewitnesses are pivotal.
- Settlement: Civil compromise is possible; criminal liability persists, but in slight and some less serious cases, affidavits of desistance and restitution can lead to dismissal at prosecutorial discretion (public policy limits apply).
14) Sentencing and penalty calibration
- Courts apply the Indeterminate Sentence Law (except when excluded) by fixing a minimum (within the penalty next lower in degree) and a maximum (within the proper penalty).
- Modifying circumstances (mitigating/aggravating) set the period (minimum/medium/maximum) within a penalty band before indeterminate sentence computation.
- Special/qualifying circumstances (e.g., use of poison, treachery) may raise the penalty to the next higher degree or convert the offense to a different one (e.g., attempted homicide to attempted murder, or Art. 264 poisoning scenario).
15) Quick reference matrix (orientation guide)
| Offense | Typical result | Usual penalty class* |
|---|---|---|
| Mutilation (reproductive organ) | Loss (total/partial) | Afflictive (up to reclusión temporal/perpetua tiers) |
| Other mutilation | Loss of other member | Prisión mayor → Reclusión temporal (as graded) |
| Serious PI | Blindness/impotency/insanity; loss or loss of use of principal member; >30 days incapacity/med attendance | Prisión correccional → prisión mayor (depends on paragraph) |
| Less serious PI | 10–30 days incapacity/med attendance | Arresto mayor |
| Slight PI | 1–9 days incapacity/med attendance or no treatment; maltreatment | Arresto menor or fine |
| Injurious substances (Art. 264) | Harm by poison, etc. | Arresto mayor → prisión mayor (by result/means) |
| Negligence (Art. 365) | Injuries by imprudence | Arresto menor → prisión correccional (by gravity & recklessness) |
- Exact period (minimum/medium/maximum) depends on proven facts and modifying circumstances.
16) Frequently encountered edge cases
- “Days” counting: Courts look at actual incapacity or actual days under medical attendance, not merely doctor-recommended rest.
- Old injuries aggravated by the blow: Offender takes the victim as found; resulting harm is still attributable if causal link is shown.
- Deformity: Jurisprudence requires perceptible and permanent disfigurement (e.g., keloid facial scarring).
- Tumultuous affray: When precise assailant is unknown, special RPC provisions allocate liability for serious injuries among participants identified as having inflicted them.
- Overlap with homicide/murder: If the victim later dies due to the injuries, the charge converts to homicide/murder depending on qualifying circumstances—physical injuries is absorbed.
17) Compliance checklist (for complainants and counsel)
- Immediate medical care; secure medico-legal.
- Photograph injuries at multiple stages; keep receipts and work absence proofs.
- Incident report (police/barangay).
- Determine if barangay conciliation is required.
- Assess proper article/paragraph based on objective medical findings.
- Evaluate special law coverage (VAWC/child protection).
- Consider civil damages strategy early.
- Preserve CCTV/bodycam/witness evidence.
Final word
Philippine law on physical injuries is results-driven and circumstance-sensitive. Correct medical documentation, careful classification under Arts. 262–266 (or Art. 365 for negligence), and attention to special-law contexts (R.A. 9262, R.A. 7610, etc.) are decisive in charging, defense, and sentencing. When in doubt, align the charge with the gravest provable consequence, then calibrate using modifying circumstances and indeterminate sentencing principles.