PHYSICAL INJURIES
Presentation by Ralf Michael Blanco
MUTILATION
Two kinds:
1. By intentionally mutilating another by depriving him, either totally or partially, of
some essential organ for reproduction (castration).
Elements of the first kind:
a. That there be castration, that is, mutilation of organs necessary for generation, such as penis or ovarium; and
b. That the mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential
organ for reproduction.
EXAMPLE:
Wife (A) uses a grasscutter to intentionally cuts the penis of her husband (B) because she knew the latter has 3
affair.
2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended
party, other than the essential organ for reproduction, to deprive him of that part of the body (mayhem).
EXAMPLE:
In order for (A) not to be burn out that he committed a crime, He intentionally cuts the tongue of (B) a known
witness for the crime committed by (A)
SERIOUS PHYSICAL INJURIES
How committed:
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
Serious physical injuries
1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the
physical injuries inflicted;
2. When the injured person –
a. Loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm,
or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was therefore habitually engaged, in consequence
of the physical injuries inflicted.
3. When the person injured -
a. Becomes deformed, or
b. Loses any other member of his body, or
c. Loses the use thereof, or
d. Becomes ill or incapacitated for the performance of the work in which he was habitually engaged
for more than 90 days, in consequence of the physical injuries inflicted.
4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not
be more than 90 days), as a result of the physical injuries inflicted.
30 days < X ≤ 90 days
EXAMPLE:
Truck Driver (A) driving reckless, He sudden collided with Motorcycle driver (B).The latter suffer
brain concussion that incapacitated him in the hospital for two months
ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES
Elements:
1. That the offender inflicted upon another any serious physical injury;
2. That it was done by knowingly administering to him any injurious substances or beverages or
by taking advantage of his weakness of mind or credulity; and
3. That he had no intent to kill.
It is frustrated murder if there was intent to kill.
Administering injurious substance means introducing into the body the substance.
EXAMPLE:
(A) Uses a bottle of beer to smash the head of (B) because the latter is insulting (A) that he was
a gay. (B) was drunk while (A) was moderately drunk.
LESS SERIOUS PHYSICAL INJURIES
Elements:
1. The offended party is incapacitated for labor for 10 days or more but not more than 30 days,
or needs attendance for the same period; and
10 days ≤ X ≤ 30 days
2. 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 manifest intent to insult or offend the injured person; or
b. There are circumstances adding ignominy to the offense.
A). A higher penalty is imposed when the victim is either:
a. The offender’s parent, ascendant, guardian, curator or teacher; or
b. Persons of rank or persons in authority, provided the crime is not direct assault The law includes
2 subdivisions, to wit:
1. The inability for work; and
2. The necessity for medical attendance
Therefore, although the wound required medical attendance for only 2 days, yet, if the injured
party was prevented from attending to his ordinary labor for a period of 29 days, the physical
injuries sustained are denominated as less serious.
EXAMPLE:
(A) Boxed (B) suddenly, the latter suffer contusion on his face with black eye, incapacitating him
for labor with a shame for twelve days.
SLIGHT PHYSICAL INJURIES
AND MALTREATMENT
Kinds:
1. Physical injuries which incapacitated the offended party from one to nine days, or
required medical attendance during the same period;
2. Physical injuries which did not prevent the offended party from engaging in his habitual
work or which did not require medical attendance; and
3. Ill-treatment of another by deed without causing any injury.
EXAMPLE:
(A) A cyclist, speedy drove his bicycle upon suddenly hits (B) in the pedestrian. The latter
suffer simple dislocation in his arm which incapacitated him for labor of five days
