1. Concept and legal basis
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 (10) 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.Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult 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 Fifty thousand pesos (₱50,000) shall be imposed.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 prisión 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 persons. (Act 3815, Revised Penal Code, as amended by R.A. 10951)
2. Elements of the offense
Elements of the offense:
1) That the offender inflicted physical injuries upon another; and,
2) That the physical injuries inflicted either incapacitated the victim for labor for 10 days or more, or the injuries required medical assistance for more than 10 days. (Enrile v. Manalastas, G.R. No. 166414, 22 October 2014)
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