Article 266 of the Revised Penal Code: Slight physical injuries and maltreatment
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 266 say?
The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted 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.
2. By arresto menor or a fine not exceeding Forty thousand pesos (P40,000) and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding Five thousand pesos (P5,000) when the offender shall ill-treat another by deed without causing any injury.
What does it mean in plain language?
Article 266 punishes the lightest physical injuries. There are three cases: an injury that keeps the victim from work or under medical attendance for 1 to 9 days; an injury that needs no time off and no medical help; and ill-treatment by deed that causes no injury at all, such as a slap or a shove. The penalties are arresto menor (1 to 30 days) or a fine, depending on the case.
If the victim cannot work or needs medical assistance for 10 days or more, the crime is no longer slight. It becomes less serious physical injuries (10 days or more) or serious physical injuries (more than 30 days, or lasting harm). The overview of all three is on physical injuries: serious, less serious or slight?
How does it work in real life?
Nonoy: a punch after a basketball game
After a pickup basketball game, Boyet punches Nonoy in the face. Nonoy's doctor treats him and he rests for 7 days before going back to work. Seven days falls within 1 to 9 days, so this is slight physical injuries under Article 266(1), punished by arresto menor.
Joy: a bruise but no lost work
Ana pushes Joy against a wall during a quarrel at the market. Joy gets a small bruise, keeps working the same day and does not see a doctor. This fits Article 266(2): arresto menor or a fine of up to ₱40,000, and censure.
Weng: a slap in public
Tess slaps her neighbor Weng in front of other people but leaves no mark. This can be maltreatment under Article 266(3). If the slap was meant to dishonor Weng, the prosecutor may instead consider slander by deed (Article 359). Which crime is charged depends on the facts.
What does this mean in practice?
- 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 to a given case. See do I need to go to the barangay first? and the barangay guides.
- The deadline is short. The Code says light offenses prescribe in two months (Article 90). See prescription of crimes.
- Fines and censure are common outcomes. In Caluag v. People (2009), the Metropolitan Trial Court fined two men for slight physical injuries and censured them "to be more complaisant and well-bred in dealing with people". The Supreme Court denied the appeal and affirmed the Court of Appeals decision that had upheld the conviction. The fine in that case was under the old amounts.
- Annoying or harassing acts that cause no physical harm at all may instead be unjust vexation.
What are the three kinds of slight physical injuries?
| Paragraph | What happened | Penalty | Length or amount |
|---|---|---|---|
| 266(1) | Injuries that keep the victim from work, or need medical attendance, for 1 to 9 days | Arresto menor | 1 to 30 days |
| 266(2) | Injuries that do not stop the victim from doing his or her usual work and need no medical assistance | Arresto menor or a fine, and censure | 1 to 30 days, or a fine not exceeding ₱40,000 |
| 266(3) | Ill-treatment by deed without causing any injury | Arresto menor in its minimum period or a fine | 1 to 10 days, or a fine not exceeding ₱5,000 |
The third case is called maltreatment. It covers a physical act against another person that leaves no injury:
By arresto menor in its minimum period or a fine not exceeding Five thousand pesos (P5,000) when the offender shall ill-treat another by deed without causing any injury.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised the fines. The original 1930 text, still printed on the Supreme Court E-Library, had a fine of not more than 200 pesos in paragraph 2 and not more than 50 pesos in paragraph 3. Today they are ₱40,000 and ₱5,000. The day count (1 to 9 days) and the arresto menor penalties did not change.
The change also matters for classification. Article 9, as amended by the same law, defines light felonies:
Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000) or both is provided.
All three cases of Article 266 fit that definition.
Frequently asked questions
What is the penalty for slight physical injuries?
Arresto menor (1 to 30 days) when the victim cannot work or needs medical attendance for 1 to 9 days. Arresto menor or a fine of up to ₱40,000, and censure, when the injury does not keep the victim from work and needs no medical assistance.
Is a slap without injury a crime?
It can be. Article 266(3) punishes ill-treating another by deed without causing any injury, with arresto menor in its minimum period (1 to 10 days) or a fine of up to ₱5,000. Depending on the facts, a slap meant to shame someone can be charged as slander by deed instead.
What does censure mean?
Censure is a formal reprimand from the court. Under Article 266(2), it comes together with arresto menor or the fine. In Caluag v. People (2009), the trial court fined two men for slight physical injuries and censured them, and the Supreme Court later denied the appeal.
How long do I have to file a case for slight physical injuries?
The deadline is short. Article 90 of the Code says light offenses prescribe in two months. Article 9 calls crimes punished by arresto menor or a fine not exceeding ₱40,000 light felonies, and every case of Article 266 carries one of those penalties.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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