LAW OF THE WEEK
The crime of physical injuries is committed when a person unlawfully wounds, beats, or assaults another and the victim suffered injuries to his person.
What acts are considered as crimes of serious physical injuries?
- When the victim of the crime becomes insane, an imbecile, impotent, or blind due to the physical injuries inflicted.
- When the victim 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; or loses the use of any such member; or becomes unable to work that he was regularly engaged in due to the physical injuries inflicted.
- When the victim becomes deformed, loses any other member of his body, loses the use thereof, or becomes ill or unable to do work that he regularly engages in for more than 90 days due to the physical injuries inflicted.
- When the victim becomes ill or unable to do any work for more than 30 days due to the physical injuries inflicted. (Art. 263, RPC)
What is the nature of physical injuries?
It is always consummated. It cannot be committed in the attempted or frustrated stage.
What are attempted and frustrated stages of a crime?
Attempted and frustrated are stages of a felony. A felony is attempted when the begins the commission of the felony by overt acts and does not perform all acts of execution which should produce the felony by reason of some cause or accident other than him willing stopping the commission. A felony is frustrated when all the acts of execution are done but the victim did not die by reason of causes independent of the will of the offender.
What are circumstances of serious physical injuries that would make the penalty higher?
- When the offender is the victim’s father, mother, or child, or a legitimate other ascendant or descendant, or the legitimate spouse of the accused.
- When there are circumstances that would make the crime into murder.
What acts are considered as crimes of less serious physical injuries?
When the victim becomes ill or unable to do any work for 10 days but not more than 30 days due to the physical injuries inflicted. (Art. 265, RPC)
What are circumstances of less serious physical injuries that would make the penalty higher?
- When there is intent to insult or offend the victim.
- When there is humiliation
- When the victim is the offender’s parents, ascendants, guardians, curators, or teachers
- When the victim is a person of rank or person in authority, so long as the crime is not direct assault
What are acts considered as crimes of slight physical injuries?
- When the victim becomes ill or unable to do any work from 1 to 9 days, or requires medical attendance during the same period
- When the victim is still able to work or does not require medical attendance
- Ill-treats another by deed without causing any injury (Art. 266, RPC)