Less Serious Physical Injuries PDF

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Less Serious Physical Injuries...

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Less Serious Physical Injuries Art. 265. Less serious physical injuries. — 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 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 kill 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 500 pesos shall be imposed. Any less serious physical injuries inflicted upon the offender's 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 person. (Revised Penal Code)

What

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less

serious

physical

injuries?

The elements of the crime of less serious physical injuries are, namely: 1. that the offender inflicted physical injuries upon another; and 2. that the physical injuries inflicted either (a) incapacitated the victim for labor for 10 days or more [but not more than 30], or (b) the injuries required medical assistance for more than 10 days. (Enrile vs. Manalastas, G.R. No. 166414, October 22, 2014) 1-9 10-30 30+

days = days =

less days =

slight serious serious

● (1) Medical attendance or (2) incapacity is required in less serious physical injuries. The crime is less serious physical injuries even if there was no incapacity, but medical treatment was for 13 days. ● If the physical injuries do not incapacitate the offended party for labor nor is there medical attendance, the crime is slight physical injuries. ● If the physical injuries, without medical attendance, heal after 30 days, the crime is serious physical injuries. It may be considered as illness for more than 30 days. ● Qualified less serious physical injuries: 1. A fine not exceeding P500, in addition to arresto mayor, shall be imposed for less serious physical injuries when:

a. There is a manifest intent to insult or offend the injured person, or b. There are circumstances adding ignominy to the offense; 2. A higher penalty is imposed when the victim is either: a. The offender’s parents, ascendants, guardians, curators or teachers; or b. Persons of rank or persons in authority, provided the crime is not direct assault. ● Whenever an act has been committed which inflicts upon a person less serious physical injuries with the manifest intent to insult or offend him or under circumstances adding to the offense, the offender should be prosecuted for less serious physical injuries. The same acts cannot constitute the complex crime of slander by deed with less serious physical injuries, because such complex crime only exists in cases where the Code has no specific provision penalizing the same with specific penalty. (People vs. Lasala, G.R. No. L-12141 January 30, 1962)...