Dear PAO,

My household helper slapped our neighbor’s helper in the face during an argument over the communal clothesline in our backyard, and now they are threatening to file a case against her. Will my helper go to jail because of this? Can you enlighten me on this matter?

Razel

Dear Razel,

Under Article 266 of the Revised Penal Code (RPC) of the Philippines, an act of physical assault, which does not cause serious injury, can be considered “slight physical injuries and maltreatment.” This includes minor acts of violence, like slapping, that may result in bruising, pain, or discomfort but do not cause lasting harm. If no serious injuries were inflicted, the offense may still lead to charges, with a possible penalty of imprisonment of one (1) day up to thirty (30) days. Article 266 of the RPC as amended by Republic Act (RA) 10951, specifically provides that:

“ART. 266. Slight physical injuries and maltreatment. – 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 (P40,000.00) 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 (P5,000.00) when the offender shall ill-treat another by deed without causing any injury.”

According to Chapter III, Duration and Effect of Penalties, specifically under Section I, Article 27 of the RPC:

“Arresto menor.—The duration of the penalty of arresto menor shall be from one day to thirty days.”

While slight physical injuries and maltreatment may not seem like the most dramatic forms of abuse, they are still violations that the law takes seriously. Whether it is a minor injury causing temporary pain or an act that impacts a person’s dignity, our laws, specifically the RPC, ensure that offenders are held accountable. The law recognizes that every person — regardless of how minor the harm — deserves protection and justice.

Regarding your question, your house helper may face imprisonment and/or fine if found guilty under Art. 266 of the RPC. Specifically, the penalty could be a fine not exceeding Five thousand pesos (P5,000) and imprisonment of one (1) day to ten (10) days (arresto menor in its minimum period). The penalty will depend upon the discretion of the court.

We hope that we were able to answer your queries. This advice is 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.

Thank you for your continued 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]