Physical Injuries: Serious, Less Serious or Slight? Penalties

Look at what the injury did to the victim. The law counts the days of "incapacity for labor" (the victim cannot do his or her work) or of medical attendance. It also looks at lasting harm, such as a lost body part or a deformity.

The "How long" column comes from the duration table of the Code (Articles 27 and 76). It shows the full range the law allows. The actual sentence depends on the facts and on other rules of the Code, which we do not compute here. Terms used: arresto menor, arresto mayor, prision correccional.

Article 266, as amended by Republic Act No. 10951 (2017), reads:

"Censure" is a formal scolding by the court, given together with the main penalty.

Under Article 265, as amended by Republic Act No. 10951, it covers injuries that keep the victim from work, or need medical assistance, for ten days or more. The penalty is arresto mayor. Two situations make it heavier:

• If the offender clearly meant to insult or offend the victim, or the circumstances added shame to the act, a fine of up to ₱50,000 is added to arresto mayor.
• If the victim is the offender's parent, ascendant, guardian, curator or teacher, or a person of rank or in authority, the penalty is prision correccional in its minimum and medium periods. For a person in authority, this applies only if the act is not the separate crime of assault on a person in authority.

Article 263 covers the worst cases: more than 30 days of illness or incapacity, more than 90 days, deformity, loss of a body part or of a sense, or a victim who becomes insane, impotent or blind. Republic Act No. 10951, which updated the peso amounts of the Code, did not amend this article.

The penalties go up further when the victim is one of the close relatives listed in Article 246, or when the attack had one of the circumstances that make a killing murder (Article 248), such as treachery. The same article says this higher scale does not apply to a parent who injures his or her child through excessive chastisement. In that case, the ordinary penalties of Article 263 apply.

These are made-up examples to show how the rules work. They are not advice for any real case.

Dodong punches Jerry during an argument at a karaoke session. Jerry needs treatment for 7 days. This is slight physical injuries under Article 266(1), punished by arresto menor.

In the same fight, Jerry's nose is broken and he cannot go to work for 15 days. That is less serious physical injuries under Article 265, punished by arresto mayor.

Tess shoves her neighbor Weng in the market, but leaves no mark or injury. This may be maltreatment under Article 266(3): arresto menor in its minimum period or a fine of up to ₱5,000. If the act was done to shame Weng in public, a different charge may fit. The prosecutor decides which crime the facts show.

In Caluag v. People (2009), two men were charged with mauling a man in Las Piñas. The charge said the injuries needed medical attendance for less than nine days and kept him from his usual work for the same time. The trial court convicted both of slight physical injuries and imposed a fine of ₱200 each (the old amount, before Republic Act No. 10951) plus censure. The higher courts affirmed, and the Supreme Court denied the appeal of one of them. The case shows a fistfight with a few days of treatment ending as slight physical injuries. The same man was also convicted of grave threats for pointing a gun at the victim's wife.

The deadline depends on the penalty (Article 90):

• Slight physical injuries is punished by arresto menor or a fine of up to ₱40,000, which makes it a light felony under Article 9. The Code says light offenses prescribe in two months.
• Less serious physical injuries in its basic form is punished by arresto mayor, and the Code says crimes punished by arresto mayor prescribe in five years.

For the other categories and how the count starts and stops, see How many years before a criminal case prescribes?

Many fights between neighbors in the same city or town pass through the barangay first. But the Local Government Code leaves out offenses with a fine above ₱5,000, and Republic Act No. 10951 raised some of these fines above that limit (for example, up to ₱40,000 under Article 266(2)). No official source we use settles the effect, so ask the barangay or the prosecutor. See Do I need to go to the barangay first? and our barangay guides.

If a woman is hurt by her husband, former husband, or a man she is dating or used to date, the Anti-Violence Against Women and Their Children Act may also apply. See How to file a VAWC case.

The category of the crime depends on the days of incapacity or medical attendance and on any lasting harm, so it turns on what the evidence shows about the injury. Medical records, photos of the injuries and witnesses are the kind of evidence that can show this. This page does not cover the rules on medical certificates. A pending case can also matter for the accused later, for example when applying for an NBI clearance.

Talk to a lawyer if the injury may be serious, if you were charged, if you are unsure which category applies, or if the attacker may have meant to kill (we do not cover that question here). A lawyer can also check the deadline and whether the barangay step applies. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.