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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 arrestor 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.

Who commits the crime?


1. A person who 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. A person who has caused physical injuries which do not prevent the offended
party from engaging in his habitual work nor require medical attendance.
3. A person who shall ill-treat another by deed without causing any injury.
Three kinds of slight physical injuries
1. Those which incapacitated the victim for labor for one to nine days, or required
medical attendance during the same period.
A physical injury which incapacitates the victim from working for 9
days and some hours without amounting to 10 days is a slight
physical injury.

2.

Those which did not prevent the victim from engaging in his habitual work or
which did not require medical attendance.
Example: Contusion on the face or black eye produced by a fistic
blow
3. Ill-treatment of another by deed without causing any injury.
Example: any physical violence which does not produce injury, such
as slapping the face, without causing a dishonour.
Where there is no evidence of actual injury, it is only slight physical injuries. (People v.
Penesa)
Where conspiracy to murder is not proved, and the gravity or duration of the physical
injury resulting from the fist blows by the accused on the victim was not established by
evidence, the accused is presumed and is held liable for slight physical injuries. (People v.
Tilos, et al)
In the absence of evidence to show actual injury, the crime is only slight physical injuries,
it appearing that the wounds inflicted by the accused could not have caused death.
(People v. Amarao)
Supervening event converting the crime into seriosus physical injuries after the filing of
information for slight physica injuries can still be the subject of a new charge.
Example: where the original information charged was for slight physical injuries because
the fiscal believed that the wound suffered by the victim would require medical
attendance for a period of only 8 days, but when the preliminary investigation conducted
found that the wound would heal after 30 days, the act which converted the crime into a
more serious one had 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. (People v. Manolong)