SLIGHT PHYSICAL INJURIES IN THE PHILIPPINES
A comprehensive guide to the criminal complaint, from statute to courtroom
1 | Statutory foundation
| Provision | Text (key portion) | Effect |
|---|---|---|
| Article 266, Revised Penal Code (RPC) | “Any person who shall inflict upon another physical injuries which shall incapacitate the offended party for labor from one (1) to nine (9) days, or shall require medical attendance during the same period, or shall cause injuries that do not prevent the offended party from working or do not require medical attendance…is guilty of SLIGHT PHYSICAL INJURIES… | Creates the offense; classifies it as a light felony. |
| R.A. 10951 (2017) | Updated monetary penalties in the RPC. For Art 266 the maximum fine is now ₱20 000 (was ₱200/₱500). | Adjusts fines for inflation; jail range (arresto menor) is unchanged. |
Quick memory aid: • 1-9 days incapacity/medical attendance → slight physical injuries • 10-29 days → less serious physical injuries (Art 265) • ≥30 days, mutilation, danger to life → serious (Art 263)
2 | Elements prosecutors must allege & prove
Offended party sustained physical harm – bruise, scratch, swelling, etc.
Harm produced either
- incapacity for labor 1-9 days or
- need for medical attendance 1-9 days or
- no incapacity/medical attendance at all.
Offender’s act was intentional (dolo); if the act was only negligent, charge falls under Art 365 (reckless imprudence).
No justifying circumstance (self-defense, defense of relative, obedience to lawful order, etc.).
3 | Penalty, prescription, and bail
| Aspect | Rule | Practical note |
|---|---|---|
| Imprisonment | Arresto menor — 1 day to 30 days (divisible into: 1-10, 11-20, 21-30 days). | Usually served in a city/municipal jail. |
| Fine | Up to ₱20 000 (R.A. 10951). | Court may impose either jail or fine, or both. |
| Legal nature | Light felony. | Makes it subject to barangay conciliation. |
| Prescriptive period | 2 months from date of infliction (Art 90 RPC). | A complaint or interruption (e.g., barangay filing) must occur within 60 days, else the State loses the right to prosecute. |
| Bail | Always bailable; recognizance often allowed. | Typical recommended bail: ₱1 000–₱2 000. |
4 | Venue and jurisdiction
| Body | When it acts |
|---|---|
| Punong Barangay / Lupon Tagapamayapa | Mandatory first step if BOTH parties reside in the same city/municipality and none of the statutory exceptions (e.g., public officer in line of duty, minors, VAWC cases) apply. |
| Office of the City/Prov’l Prosecutor (OCP/OPP) | Reviews complaint-affidavit, Medico-Legal Certificate & barangay Certification to File Action (CFAs). For light felonies a full preliminary investigation is not required; prosecutor may file information directly. |
| MTC/MeTC/MTCC/MCTC | Tries the case under the Rule on Summary Procedure (Special Rules 1991). No lengthy motions; decision usually on same-day submission after summary trial. |
5 | Step-by-step complaint workflow
| Step | What to prepare/do | Key tips |
|---|---|---|
| 1 – Documentation | • Sworn Complaint-Affidavit narrating facts | |
| • Medico-Legal Certificate (police or government physician) | ||
| • Photos, receipts (medicine, clinic fees), witnesses’ affidavits | Medico-legal proof is not strictly indispensable, but it shores up the “physical injuries” element and the incapacity period. | |
| 2 – Barangay filing | File with Punong Barangay; attend mediation (15 days) and, if needed, pangkat conciliation (15 days). | Non-appearance of respondent → issuance of CFAs; may be ground for dismissal of their future counter-claim. |
| 3 – Certification to File Action | If settlement fails or an exception applies, Lupon issues CFAs. | Must be attached to prosecutor filing; otherwise information will be quashed. |
| 4 – Prosecutor review / inquest | Submit CFAs, complaint-affidavit & evidence; prosecutor drafts Information if prima facie case exists. | Light felonies usually filed within 1-2 days; no subpoenaing of respondent required. |
| 5 – Court arraignment & summary trial | Accused enters plea; trial compresses eyewitness testimony, physician testimony, cross-exam, summations. | Settlements (Art 2034 Civil Code) possible anytime before judgment; court may approve compromise & dismiss criminal aspect. |
6 | Evidence pointers
- Physician testimony – links the injury to the 1-9-day range or “no incapacity.”
- Injury chronology – diary, text messages, CCTV.
- Intent – words shouted, prior threats, weapon used.
- Negative findings – prosecution must still prove who inflicted the injury; a vague “brawl” may defeat identity element.
7 | Civil liability of the offender
| Damage type | Basis | Typical Proof |
|---|---|---|
| Actual/compensatory | Arts 2219-2220 Civil Code | Receipts for medicines, X-rays, lost wages (COE). |
| Moral | Art 2219 (par. 10) | Testimony on mental anguish, anxiety, sleepless nights. |
| Exemplary | Art 2230 | Awarded to deter similar conduct, especially if act is wanton. |
| Attorney’s fees | Art 2208 | Granted when defendant’s act compelled litigation. |
Civil action may be impliedly instituted with the criminal case unless the complainant reserves it or files separately under Art 33 (New Civil Code).
8 | Interaction with special laws
| Scenario | Governing law | Why it matters |
|---|---|---|
| Spouse/partner or dating relationship | R.A. 9262 (VAWC) | The same slap may alternatively be charged under VAWC (§5[a])— heavier penalties (prisión correccional & fine) and protective orders. |
| Child victim (<18 data-preserve-html-node="true" yrs) | R.A. 7610 (Child Abuse) | Even minor injuries become child abuse when motivated by cruelty or exploitation. |
| Road-traffic incident | Art 365 (Reckless Imprudence) | When there is no intent, slight injuries still actionable but court looks at negligence, imposes separate penalty scale. |
9 | Common defenses
| Defense | Requisites | Notes |
|---|---|---|
| Self-defense / Defense of relative / stranger | (a) unlawful aggression (b) reasonable necessity (c) lack of sufficient provocation on part of defender | Complete justification ⇒ no criminal & civil liability. |
| Accident | Act done with due care, injury purely accidental, no fault. | Often invoked in play fights, sports. |
| Prescription (2 months) | Count begins day after infliction; tolled by filing with barangay/OCP. | Raise before plea; otherwise deemed waived. |
| Lack of intent / identity | Victim can’t pinpoint assailant; or injury self-inflicted. | Effective when altercation occurred in darkness/tumult. |
10 | Jurisprudential snapshots
| Case | G.R. No. | Held |
|---|---|---|
| People v. Aquino | L-43091 (30 Jan 1982) | Pain without medical attendance < 10 days → slight physical injuries despite use of fist; physician certificate not indispensable if eyewitness credible. |
| People v. Labo | 212 SCRA 56 (1992) | Two blows causing reddening but no work stoppage -> slight PI; accused’s invocation of “playful act” rejected because of prior animosity. |
| Santos v. People | G.R. 232268 (3 Mar 2021) | Prescription affirmed: complaint filed with prosecutor 75 days after incident, barangay conciliation having been bypassed; case dismissed. |
(Citations supplied for context; consult full texts for ratio.)
11 | Practical pointers for complainants & counsel
- See a government doctor the same day – the certificate timestamp anchors the incapacity period.
- Don’t skip barangay hall – except when an exception clearly applies. Skipping voids the future information.
- Act fast—60-day clock – docket your complaint well within two months to avoid prescription defenses.
- Consider amicable settlement – light felonies are compoundable; many MTC judges encourage settlement and payment of civil damages in lieu of jail time.
- If relationship elements exist (spouse, child) – evaluate filing under VAWC/RA 7610 for stronger remedies (BPO/TPO).
12 | Take-away checklist for the accused
- Attend barangay hearings – absence may waive counterclaim rights and speed up CFAs issuance.
- Secure counter-affidavits early – even if prosecutor is not required to subpoena you, you may submit voluntary counter-evidence.
- Explore plea to fine – courts routinely prefer fines over jail for first-time offenders of light felonies.
- Raise prescription or settlement before arraignment – these are waivable if not timely asserted.
Conclusion
Slight physical injuries may appear “minor,” yet the interplay of two-month prescription, mandatory barangay conciliation, and summary-procedure trial makes timing and paperwork crucial. Mastery of the elements, the medico-legal proof, and the avenues for early settlement (or strategic defenses) often spells the difference between a quick compromise and a criminal record. Whether you are the complainant seeking redress or the accused protecting your liberty, a keen grasp of Article 266 and its procedural nuances is indispensable in the Philippine legal landscape.