Slight Physical Injuries
Slight Physical Injuries
Slight Physical Injuries
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 to nine days, or shall require
medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos 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 50 pesos when the
offender shall ill-treat another by deed without causing any injury. (Revised Penal
Code)
1. Physical injuries which incapacitated the offended party for labor from 1 to 9days
or required medical attendance during the same period;
2. Physical injuries which do not prevent the offended party from engaging in
his habitual work or which did not require medical attendance;
3. Ill-treatment of another by deed without causing any injury.
● A physical injury which incapacitates the offended party from working for 9 days and
some hours without amounting to 10 days, is a slight physical injury.
● In the absence of evidence to show actual injury, as when the deceased died of other
causes and there is no evidence as to how many days the deceased lived after the injury,
the crime is only slight physical injury, it appearing that the wounds inflicted by the
accused could not have caused death.
● Where the original information was for slight physical injuries, in the belief of the fiscal
that the wound suffered by the accused would heal after 8 days but in the preliminary
investigation conducted by the justice of the peace, it was found that the wound would
heal after 30 days, the act which converted the crime into a more serious one had
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9/27/21, 6:12 AM Slight Physical Injuries
SUPERVENED after the filing of the original information, this supervening event can still
be the subject of AMENDMENT or of a NEW CHARGE without necessarily placing the
accused in double jeopardy.
● The jurisdiction of the RTC by virtue of the appeal is limited to the crime object of the
judgment, from which the appeal has been taken. It has no jurisdiction to impose a
sentence on the accused, on appeal from the MTC over which the MTC has no
jurisdiction. (People vs. Aquino, 71 Phil 143)
● Any physical violence which does not produce injury, such as slapping the face of the
offended party, without causing dishonor, is slight physical injury.
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