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.  


Matters to be noted in the crime of LESS SERIOUS physical injuries: 

1.  That the offended party is incapacitated for labor for ten days or more (but not more than 30 days) or needs medical attendance for the same period of time. 

2.  That the physical injuries must not be those described in the preceding articles. 

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 o 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. 

•  Medical attendance or 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. 

•  Physical injuries which do not prevent the offended party from engaging in his habitual work or require medical attendance are classified as SLIGHT. This is true even if the injuries were cured, but without medical attendance. 

•  But suppose the injuries, without medical attendance, were healed only after two months, it may be considered as illness for 30 days and thus SERIOUS PHYSICAL INJURIES. 

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