Penalties, Elements, Evidence, Procedure, and Practical Legal Remedies

1) Legal basis and where “slight physical injuries” fits

Under the Revised Penal Code (RPC), “physical injuries” are punished according to gravity, primarily measured by:

the period of medical attendance (how long treatment is medically required), and/or
the period of incapacity for labor (how long the victim cannot perform their customary work or usual activities).

The RPC generally groups physical injuries into:

Serious physical injuries (more severe outcomes like loss of limb, insanity, blindness, etc.)
Less serious physical injuries (typically longer periods of medical attendance/incapacity, but not reaching “serious” outcomes)
Slight physical injuries (the least severe criminal category under the RPC)
Maltreatment (ill-treatment) by deed (physical aggression that does not cause injury)

This article focuses on Slight Physical Injuries (and the closely linked concept of maltreatment) under Article 266 of the RPC, while also explaining common overlaps with special laws.

2) What counts as “slight physical injuries” (Article 266, RPC)

In general, slight physical injuries are unlawful injuries that:

do not fall under “serious” or “less serious” physical injuries, and
are typically supported by medical findings showing short healing/attendance/incapacity periods.

Core forms under Article 266:

Injuries that incapacitate the offended party for labor, or require medical attendance, for a short period (commonly understood as the lowest bracket used by the Code for injury duration).
Injuries that do not prevent the victim from working and do not require medical attendance (yet still constitute injury—e.g., minor bruises/abrasions requiring no treatment).
Maltreatment by deed (ill-treatment)—physical aggression without causing injury (e.g., slapping, pushing, or similar acts that leave no injury in the medico-legal sense).

Important: In practice, classification often depends heavily on the medical certificate/medico-legal report. Two incidents that look similar can be charged differently depending on the documented medical attendance/incapacity.

3) Elements the prosecution usually must prove

While cases vary, the prosecution generally needs to establish:

Identity of the offender
Physical injuries were inflicted on the victim (or, for maltreatment, that physical force/violence occurred even if no injury resulted)
No lawful justification (i.e., the act was not self-defense, defense of others, accident without fault, etc.)
The injury classification falls under “slight,” usually shown through:
- medical findings on incapacity for labor and/or medical attendance, and
- absence of “serious” or “less serious” qualifying outcomes.

4) Measuring “incapacity for labor” and “medical attendance”

These two concepts are central:

Medical attendance: the period during which medical treatment is required (doctor visits, wound care, medication monitoring, follow-ups).
Incapacity for labor: the period the victim cannot perform customary work/regular activities due to injury (not necessarily formal employment).

Practical notes:

Doctors often give an initial estimate. If the injury worsens or recovery takes longer, the medical finding can change—potentially changing the charge (e.g., from slight to less serious).
Courts generally rely on competent medical documentation. Victim testimony helps, but the medical certificate is pivotal.

5) Penalties under Article 266 (and what “arresto menor” means)

A. Main penalty framework (imprisonment)

The usual penalty for slight physical injuries is arresto menor, which is imprisonment ranging from:

1 day to 30 days, divided into periods (minimum/medium/maximum) used in sentencing.

Depending on the specific paragraph of Article 266 and the facts (including aggravating/mitigating circumstances), the court may impose:

arresto menor, or
in certain instances, a fine instead of imprisonment where the law allows.

B. Fines and the effect of amendments

Historically, the RPC contained very small peso-denominated fines. These have been updated by later legislation (notably R.A. 10951), so modern fines are no longer the old nominal amounts found in older RPC printings. Courts apply the currently effective amended fine schedule.

C. Maltreatment by deed

For maltreatment (ill-treatment) by deed—physical aggression without resulting injury—the RPC also penalizes the act (typically within the arresto menor / fine range), recognizing that violence without medically classifiable injury can still be criminal.

6) Circumstances that can change exposure (or even change the charge)

Even if the harm looks “slight,” surrounding circumstances can materially change the legal situation:

A. Aggravating/mitigating circumstances (RPC general rules)

Standard RPC circumstances may affect the period of the penalty (e.g., maximum vs minimum), such as:

abuse of superior strength,
dwelling,
nighttime (when deliberately sought),
treachery (rare in slight injuries but possible in theory),
voluntary surrender (mitigating),
plea of guilty (mitigating),
passion/obfuscation (case-specific).

B. When the victim is a “person in authority” or an agent

If the incident involves a person in authority (or their agent) and occurs in a way that constitutes direct assault/resistance, the case may shift away from simple slight physical injuries into other offenses with different penalties.

C. Domestic and special-law overlays (often more serious than Article 266)

A “minor” injury under the medico-legal lens can still be charged under special laws depending on relationship and context, for example:

Violence Against Women and Their Children (R.A. 9262) Physical harm by an intimate partner (spouse, former spouse, boyfriend, dating relationship, common child, etc.) can be prosecuted under R.A. 9262, often with heavier consequences and protective orders.
Child Abuse (R.A. 7610) Violence against a child may be prosecuted under R.A. 7610 even if injuries appear “slight.”
Anti-Hazing / School violence contexts (depending on facts) Injury during hazing or institutional violence can fall under specialized statutes with severe penalties.

Key takeaway: Do not assume Article 266 is the correct or only charge just because the injury seems minor. Relationship, setting, and vulnerability of the victim can control.

7) Criminal procedure: how cases are commonly filed and processed

A. Where to file

Typically, a complainant may go to:

the barangay (if conciliation applies), and/or
the police, and/or
the Office of the City/Provincial Prosecutor for filing a complaint-affidavit and supporting evidence.

B. Barangay conciliation (Katarungang Pambarangay)

Many minor offenses and neighborhood disputes may require barangay conciliation first, depending on:

where the parties reside,
the nature of the dispute,
and statutory/rule-based exceptions (e.g., urgent legal action, certain relationships, parties residing in different localities, etc.).

If required and not complied with, the case can be dismissed or suspended for failure to undergo the mandatory process.

C. Court process and “summary” handling

Slight physical injuries cases are often handled under streamlined procedures compared with more serious felonies, because the penalty is low. This typically means:

faster settings,
affidavit-based submissions early on,
fewer postponements tolerated.

D. Prescription (deadline to file)

Under the RPC rules on prescription, light offenses prescribe quickly. Since slight physical injuries is generally treated as a light offense (given the arresto menor range), delays in filing can be fatal to the case. Practically: file promptly.

8) Evidence: what usually matters most

A strong slight physical injuries case (or defense) is built on credible documentation:

Medico-legal report / medical certificate
- injury description
- duration of medical attendance/incapacity
- physician’s findings and recommendations
Photos/videos (time-stamped when possible)
Witness affidavits (bystanders, household members, co-workers)
CCTV / bodycam / phone footage
Police blotter entries (useful but not conclusive)
Proof of expenses (receipts for medicine, consultation, transport) for civil damages

Tip: Immediate documentation matters. Injuries heal quickly; delayed medical examination can weaken proof or lower the documented severity.

9) Civil liability: money claims that can accompany the criminal case

Even if the penalty is light, liability can include civil damages, such as:

Actual damages (medical bills, medication, therapy, lost income proven by receipts/pay slips)
Moral damages (in appropriate cases—e.g., serious anxiety, humiliation, trauma)
Exemplary damages (when aggravating circumstances justify deterrence)
Attorney’s fees (in limited circumstances recognized by law)

Civil liability is often pursued together with the criminal action, unless properly reserved/separately filed where allowed.

10) Can the case be settled? What about affidavits of desistance?

Parties sometimes reconcile and execute an affidavit of desistance.
However, in crimes prosecuted in the name of the People, the prosecutor is not automatically bound to dismiss solely because the complainant desists—especially if evidence exists independent of the complainant’s willingness.
Some cases, particularly those covered by special laws (e.g., R.A. 9262), are treated with greater caution regarding “settlement,” and protective/public-interest considerations often prevail.

11) Defense perspectives: common defenses and strategies

An accused may raise, depending on facts:

Self-defense / defense of relatives / defense of strangers Requires unlawful aggression by the victim and reasonable necessity of the means employed, among other requisites.
Accident without fault/negligence If injury resulted from a pure accident and the accused exercised due care.
Lack of identity / alibi and denial Often weak alone, but can work when supported by strong objective evidence (CCTV, location data, credible witnesses).
Inconsistencies in medical findings Challenging the duration of incapacity/attendance can reduce the charge or undermine proof of injury.
Consent/context Limited usefulness—consent does not generally legalize violence, but context can matter in assessing intent and credibility.

12) Practical legal remedies checklist (Philippine context)

For the victim/complainant

Get immediate medical examination and secure a medical certificate
Photograph injuries, preserve torn clothing/items, and secure witness affidavits
Consider barangay blotter and barangay proceedings if applicable
File a complaint with the prosecutor (and comply with required affidavits/attachments)
If domestic/intimate partner context exists, explore protective orders and remedies under R.A. 9262
Keep receipts for expenses for damages

For the accused/respondent

Preserve exculpatory evidence (CCTV requests, messages, call logs, location proof)
Obtain medical documentation too if the accused was also injured
Prepare a coherent counter-affidavit addressing identity, timeline, and justification
Raise defenses early, including self-defense where applicable
Consider settlement options only when legally appropriate and strategically sound (and mindful of special-law restrictions)

13) Common pitfalls

Relying on “blotter” alone without medical proof
Delayed medical exam, leading to weak or “no injury” findings
Misunderstanding that “minor injury = minor case” (special laws can make it serious)
Letting the case prescribe due to delay
Assuming an affidavit of desistance automatically ends prosecution

14) Bottom line

“Slight physical injuries” under Article 266 of the RPC is the legal home for minor injury cases and maltreatment by deed. The main penalty typically falls within arresto menor (1–30 days) and/or fine where applicable, with outcomes heavily influenced by medical documentation, surrounding circumstances, and whether special laws (like R.A. 9262 or R.A. 7610) apply.

If you want, I can also add (in the same article style) a comparison section that lays out, in one place, the practical boundaries between slight vs less serious vs serious physical injuries, and a step-by-step filing guide (barangay → prosecutor → court) with sample affidavit structure.