ARTICLE 265

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.
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 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. chanrobles virt

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 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.chanrobles virtual law lib

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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.
Thus, if the incapacity is more than 30 days or the illness
lasts more than 30 days, it is a serious physical injury under
par.4 of Article 263

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 Qualified less serious physical injuries:
1. A fine not exceeding P500.00 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
teacher’s; or
b. Persons of rank or persons in authority, provided the crime is not
direct assault.

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 Medical attendance or incapacity is
required in less serious physical injuries.
The law includes two subdivisions:
1. the inability for work, and
2. the necessity for medical attendance

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Q: If there was no incapacity but the medical treatment was
for 13 days, is the charging of less physical injuries
proper?

A: Yes. The injury comes under the provisions of Art. 265,

inasmuch as the victim was treated for only 13 days, and
there is no evidence that she was given further medical
attendance, granting that it took more than 13 days for the
fracture to heal. She was not incapacitated for the
performance of the work in which she was habitually
engaged.
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 To constitute parricide of a spouse
what must be established?
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◈ There must be a valid substituting marriage at the time of the killing. Also, the
information should allege the fact of such valid marriage between the accused
and the victim.
Parricide of spouse requires proof of marriage.

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 If a person killed his/her adobtep
child, would that constitute
parricide?
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◈ No, since the relationship of the offender with the victim is the essential
element of the crime, killing an adopted child even if adoption confers on the
adopted child all rights and privileges of a legitimate child could not be
parricide. It is either murder or homicide as the case may be.
 Magnus
ˈmaɡ.nus/, [ˈmaŋ.nʊs
English meaning “Important”

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 Important Pointers:
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If the offender and the

offended party, although
related by blood and in the
direct line, are separated The victim must not be
by an intervening less than 3 days old, other
illegitimate relationship, wise the crime is
parricide can no longer be infanticide.
committed.
CASES
People vs Jumawan
116 SCRA 739

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 Ratio:
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Although not alleged in the information, relationship as an aggravating
circumstance should be assigned against the appellants. True, relationship is
inherent in parricide, but Presentacion stands convicted of murder. And as to the
others, the relationships of father-in-law and brother-in-law aggravate the
crime.
People vs Tomotorgo
136 SCRA 238

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 Ratio:
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The reference made by the accused to Article 263 of the

Revised Penal Code which prescribes graduated
penalties for the corresponding physical injuries
committed is entirely misplaced and irrelevant
considering that in this case the victim died very soon
after she was assaulted. It will be, therefore, illogical to
consider appellant's acts as falling within the scope of
Article 263 of the Revised Penal Code. The crime
committed is parricide no less.
People vs Castillo
GR No. 121768 July 21, 1997

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 Ratio:
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A man who had not intended to harm his own
father would not walk but more likely run in
search of help. Aware of the fact that his
fathers life is precariously hanging in the
balance, the normal reaction of a child is to
waste no time in trying to save his life. The
appellant, on the other hand, did not even lift a
finger to help his own father whose life he had
so brutally taken away.
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In the light of the foregoing circumstances, we
therefore find it difficult to believe that the
appellant did not act with malice. Worth
reiterating here is the rule that evidence, to be
believed, must not only proceed from the
mouth of a credible witness, but it must be
credible in itself- such as the common
experience and observation of mankind can
approve as probable under the circumstances.
Thank you!

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