Dear PAO,

I visited my friend’s village to play basketball. After winning the game, a person unexpectedly punched me in the nape and on the side of my head near my ear. I sustained injuries, including swelling and a little bump on my head. Now, I would like to file a case. What crime did he commit?

Renzo

Dear Renzo,

The crime he committed is slight physical injuries since the injuries you sustained neither prevented you from engaging in your habitual work nor required medical attendance.

This is in accordance with Article 266 of the Revised Penal Code of the Philippines, which provides:

“Article 266. Slight physical injuries and maltreatment — The crime of slight physical injuries shall be punished:

“By arresto mayor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one (1) day to nine (9) days, or shall require medical attendance during the same period.

“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.

“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.”

Your case falls under the second paragraph of Article 266 as elucidated in the case of Li v. People (GR 127962, April 14, 2004), penned by Associate Justice Dante Tiñga, stating that “when there is no evidence of actual incapacity of the offended party for labor or of the required medical attendance, the offense is only slight physical injuries.”

Likewise, in the case of People v. Arranchado (GR L-13943, Sept. 19, 1960), the Supreme Court, speaking through Associate Justice Jose B. L. Reyes, held that “the crime committed is only that of slight physical injuries punishable under paragraph 2 of Article 266 of the Revised Penal Code, since there is no proof as to the period of the offended party’s incapacity for labor or of the required medical attendance.”

As clearly pointed out, the crime is considered as slight physical injuries when there is no proof regarding the period of the offended party’s incapacity for labor, no evidence of the required medical attendance, or when there is no evidence to establish the gravity or duration of actual injury.

Since physical injuries in the Philippines hinge on the severity and duration of the actual injury and of the medical treatment, victims should promptly report to the authorities, seek medical help and gather evidence, if any, in order to file the appropriate criminal case.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]