1. Concept and legal basis
| Article 263. Serious physical injuries. – Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer: |
| 1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind; |
| 2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged; |
| 3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days; |
| 4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days. |
| If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods. |
| The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement. (Act 3815, Revised Penal Code) |
2. Elements of the offense
a. 1st Mode
Elements of the offense:
1) That the offender has wounded, beaten, or assaulted another; and
2) That the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than 30 days. (Pilares, Jr. v. People, G.R. No. 165685, 14 March 2007)
b. 2nd Mode
Elements of the offense:
1) That the offender has wounded, beaten, or assaulted another; and
2) That the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety (90) days.
c. 3rd Mode
Elements of the offense:
1) That the offender has wounded, beaten, or assaulted another; and
2) That the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged.
d. 4th Mode
Elements of the offense:
1) That the offender has wounded, beaten, or assaulted another; and
2) That the injured person shall become insane, imbecile, impotent, or blind.
Parent. The crime is not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement. (Paragraph 3, Article 263, Ibid.)
References
⦁ Title 8 – Crimes Against Persons, Book 2, Revised Penal Code
/Updated: January 18, 2023
