The Revised Penal Code punishes physical injuries in three grades. Serious physical injuries (Article 263) cover the gravest harm, such as loss of a body part, insanity, or incapacity for more than 90 days. Less serious physical injuries (Article 265) apply where the victim is incapacitated or needs medical attendance for 10 to 30 days. Slight physical injuries (Article 266) cover incapacity or medical attendance of 1 to 9 days, or maltreatment without injury. What separates these from attempted or frustrated homicide is the offender's intent to kill.
When one person hurts another, the charge is not simply “assault.” Philippine criminal law grades the offense by how serious the harm was and, in the middle categories, how many days the victim could not work or needed medical care. That grading determines the penalty and even which office handles the case.
Serious Physical Injuries (Article 263)
The gravest category applies where the victim, as a result of the injury, suffers consequences such as:
- Becoming insane, imbecile, impotent, or blind;
- Losing the use of speech, or the power to hear or smell, or losing an eye, a hand, a foot, an arm, or a leg, or losing the use of any such member, or becoming incapacitated for their customary work;
- Becoming deformed, or losing a body part or its use, or being ill or incapacitated for more than 90 days; or
- Being ill or incapacitated for labor for more than 30 days.
The penalty rises with the gravity of the listed consequence. Related provisions punish mutilation (Article 262) even more severely.
Less Serious Physical Injuries (Article 265)
This middle grade applies when the victim is incapacitated for labor for ten (10) days or more, or needs medical attendance for the same period (10 to 30 days), but the harm does not reach the serious category. The penalty is generally arresto mayor. Aggravating circumstances — such as an offense committed against a parent or with manifest intent to insult — can increase it.
Slight Physical Injuries (Article 266)
The lightest grade covers three situations: injuries that incapacitate the victim or require medical attendance for one (1) to nine (9) days; injuries that do not prevent work or require medical attendance; and ill-treatment by deed without causing injury. The penalty is typically arresto menor or a fine. Because these are minor offenses, many slight-physical-injury disputes between neighbors or acquaintances must first pass through barangay conciliation before a case can be filed in court.
The Crucial Line: Intent to Kill
The single most important distinction is not on this list of injuries at all — it is intent. If the offender acted with intent to kill but the victim survived, the crime is not physical injuries but attempted or frustrated homicide (or murder), which is far graver. Courts infer intent to kill from the weapon used, the location and number of wounds, and the offender’s conduct and words. A stab wound to the chest tells a different story from a slap, even if both leave the victim alive. This is why the medico-legal findings and the circumstances of the attack matter so much.
Special Laws May Apply Instead
Where the victim is a woman or child in a domestic relationship, the same physical harm may be prosecuted under the Anti-VAWC Act (RA 9262); where the victim is a child, the Special Protection of Children Act (RA 7610) may apply, though the Supreme Court has clarified that not every act of laying hands on a child is child abuse — that requires an intent to debase or demean the child. Choosing the correct charge is a legal judgment, not a mechanical one.
How to File
Seek a medico-legal examination promptly — it fixes the extent of the injuries and the healing period that determines the grade. Then, for the lighter offenses between residents of the same city or municipality, go through barangay conciliation; for the graver ones, or where conciliation is excused, file a complaint-affidavit with the Office of the City or Provincial Prosecutor, attaching the medical certificate, photographs, and witness statements. The prosecutor conducts a preliminary investigation and, on a finding of probable cause, files the case in court.
Frequently Asked Questions
How are physical injuries graded in the Philippines? By severity and healing time. Serious physical injuries (Article 263) involve the gravest consequences or incapacity beyond 30 days; less serious (Article 265) involve incapacity or medical attendance of 10 to 30 days; slight (Article 266) involve 1 to 9 days or maltreatment without injury.
What is the difference between physical injuries and attempted homicide? Intent to kill. If the offender intended to kill but the victim survived, the crime is attempted or frustrated homicide or murder, not physical injuries. Courts infer intent from the weapon, the wounds, and the offender's conduct.
Do I need to go to the barangay first? For slight and some less serious physical injuries between residents of the same city or municipality, barangay conciliation is generally required before filing in court. Graver offenses and certain exceptions go straight to the prosecutor.
What evidence do I need? A prompt medico-legal certificate is key, because it establishes the injuries and the healing period that fix the grade. Photographs, witness statements, and any police blotter entry strengthen the complaint.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you or a family member was hurt in an assault, our firm can help you file the correct charge and gather the evidence. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.