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Article 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 (1) to nine (9) days, or shall require medical attendance during the same period.

2. By arresto menor or a fine not exceeding forty thousand pesos (P40,000) 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 Five thousand pesos (P5,000) when the offender shall ill-treat another by deed without causing any injury.

THREE (3) KINDS:
1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period.
2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (Ex, blackeye).
3. Ill-treatment of another by deed w/o causing any injury. (Ex. slapping but w/o causing dishonor)


When there is no evidence of actual injury supervening event converting the crime into serious physical injuries after the filing of information can still be the subject of a new charge

This involves even ill-treatment where there is no sign of injury requiring medical treatment.

Slapping the offended party is a form of ill-treatment, which is a form of slight physical injury.

But if the slapping is done to cast dishonor upon the person slapped, or to humiliate or embarrass the offended party out of a quarrel or anger, the crime is slander by deed.

Between slight physical injuries and less serious physical injuries, not only the healing duration of the injury will be considered but also the medical attendance required to treat the injury. So the healing duration may be one to nine days, but if the medical treatment continues beyond nine days, the physical injuries would already qualify as less serious physical injuries. The medical treatment may have lasted for nine days, but if the offended party is still incapacitated for labor beyond nine days, the physical injuries are considered less serious physical injuries.

Where there is no evidence of actual injury, it is only slight physical injuries. In the absence of proof as to the period of the offended party’s incapacity for labor or of the required medical attendance, the crime committed is slight physical injuries.