Article 265 of the Revised Penal Code: Less serious physical injuries
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 265 say?
Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten (10) days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or offend the injured person, or under circumstances adding ignominy to the offense, in addition to the penalty of arresto mayor, a fine not exceeding Fifty thousand pesos (P50,000) shall be imposed.
Any less serious physical injuries inflicted upon the offenders parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods: Provided, That in the case of persons in authority, the deed does not constitute the crime of assault upon such persons.
What does it mean in plain language?
Article 265 covers physical injuries that keep the victim from work for 10 days or more, or that need medical assistance for 10 days or more, but are not serious enough for Article 263. The penalty is arresto mayor, which lasts from 1 month and 1 day to 6 months. The law adds a fine of up to ₱50,000 when the injuries were meant to insult, and a heavier penalty when the victim is the offender's parent, teacher or a person in authority.
Think of physical injuries as a ladder. One to 9 days of incapacity or medical attendance is slight physical injuries. Ten days or more is less serious physical injuries under this article. More than 30 days, or lasting harm such as a lost eye or a deformity, is serious physical injuries.
How does it work in real life?
Jerry: a broken nose at a karaoke party
During an argument at a karaoke party, Dodong punches Jerry and breaks his nose. Jerry cannot go to work as a delivery rider for 15 days. Fifteen days is within the range of Article 265, so the crime is less serious physical injuries, punished by arresto mayor.
Marites: hurt to humiliate her
Ronald hits his neighbor Marites in front of a crowd to shame her, and she needs medical assistance for 12 days. If the court finds that he acted with manifest intent to insult her, it adds a fine of up to ₱50,000 to arresto mayor.
Teacher Grace: hurt by her own student
After getting a failing grade, Paolo, a college student, hits his own teacher, Grace, and she cannot work for 11 days. The third paragraph covers injuries inflicted on the offender's teachers, so the penalty is prision correccional in its minimum and medium periods.
What does this mean in practice?
- The victim files a complaint with the police or the prosecutor. Some disputes between people who live in the same city or municipality must first go through barangay conciliation; the barangay or the prosecutor's office can say whether that step applies. See do I need to go to the barangay first? and the barangay guides.
- The ordinary case prescribes in five years, because Article 90 says crimes punishable by arresto mayor prescribe in five years. See prescription of crimes.
- If the victim is a woman hurt by her husband, former husband, or a man she has or had a sexual or dating relationship or a child with, or is her child, the Anti-Violence Against Women and Their Children Act (Republic Act No. 9262) may also apply. See how to file a VAWC case.
- The court decides the number of days on the evidence presented at trial.
How many days is less serious physical injuries?
Ten days or more. The article covers injuries that "shall incapacitate the offended party for labor for ten (10) days or more, or shall require medical assistance for the same period". It applies only to injuries "not described in the preceding articles", so once the incapacity goes past 30 days, Article 263(4) applies instead.
Either test is enough: 10 days or more unable to work, or 10 days or more of medical assistance.
When does the law add a fine or a higher penalty?
The article has three paragraphs.
| Situation | Penalty | Length or amount |
|---|---|---|
| Ordinary case: 10 days or more of incapacity or medical assistance | Arresto mayor | 1 month and 1 day to 6 months |
| Inflicted with manifest intent to insult or offend, or in circumstances adding ignominy (shame) | Arresto mayor plus a fine | Fine not exceeding ₱50,000 |
| Inflicted on the offender's parents, ascendants, guardians, curators, teachers, persons of rank or persons in authority | Prision correccional, minimum and medium periods | 6 months and 1 day to 4 years and 2 months |
The third paragraph has a limit for persons in authority:
Provided, That in the case of persons in authority, the deed does not constitute the crime of assault upon such persons.
In other words, if hurting the official is already the separate crime of assault upon a person in authority, that crime is charged instead.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) rewrote Article 265 to update its fine. The fine for injuries inflicted with intent to insult or offend is now "not exceeding Fifty thousand pesos (P50,000)". The original 1930 text, still printed on the Supreme Court E-Library, set that fine at not more than 500 pesos. The day count and the prison penalties stayed the same. (The old text spoke of "medical attendance"; the amended text says "medical assistance".)
Frequently asked questions
What is less serious physical injuries?
It is an injury that keeps the victim from work for 10 days or more, or needs medical assistance for 10 days or more, without reaching the level of serious physical injuries. Once the incapacity lasts more than 30 days, Article 263 applies instead.
What is the penalty for less serious physical injuries?
Arresto mayor, which lasts from 1 month and 1 day to 6 months under Article 27. A fine of up to ₱50,000 is added if the injuries were inflicted with manifest intent to insult or offend, or in circumstances adding ignominy.
Is the penalty higher if the victim is a teacher or a parent?
Yes. Against the offender's parents, ascendants, guardians, curators, teachers, persons of rank or persons in authority, the penalty is prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months).
How long do I have to file a case for less serious physical injuries?
Article 90 says crimes punishable by arresto mayor prescribe in five years. The period starts when the crime is discovered by the offended party or the authorities, and stops when a complaint is filed. The higher-penalty cases have a different period.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?