When Slight Phy Injury

E. SLIGHT PHYSICAL INJURIES: (266)

3 Kinds:

That which incapacitated the offended party for labor from 1-9 days or required medical attendance
during the same period

That which did not prevent the offended party from engaging in his habitual work or which did not
require medical attendance (ex. Black-eye)

Ill-treatment of another by deed without causing any injury (ex. slapping but without causing
dishonor)

G.R. No. 132633 October 4, 2000

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

ARMANDO GEMOYA, and RONILO TIONKO, accused-appellant.

MELO, J.:

As for the penalty, even though it appears on record that Rosalie received medical
treatment immediately after her injury, there is no evidence regarding the extent of
incapacity said injury caused her. Accordingly, accused-appellants may only be held liable
for the crime of slight physical injury under Paragraph 2 of Article 266 of the Revised
Penal Code, which provides:

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 to nine days, or shall require medical
attention during the same period.

2. By arresto menor or a fine not exceeding 200 pesos 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 attendance;

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the
offender shall ill-treat another by deed without causing injury.
Since there is no showing that victim Rosalie Jimenez was incapacitated from carrying out
her habitual work after the injury, both accused-appellants in this case are sentenced to
the penalty of arresto menor or a fine of P200.00 and censure for the crime of slight
physical injury.

As to the imposition of the death penalty upon both accused-appellants in this case, we
agree with the Solicitor General and accused-appellant Gemoya that the trial court
seriously erred in not considering the mitigating circumstance of voluntary surrender in
favor of accused-appellant Gemoya. The trial court likewise erred in imposing the
maximum in the range of penalty for murder.

Under Article 248 of the Revised Penal Code, the crime of murder is punished
by reclusion perpetua to death. Where there are no aggravating and no mitigating
circumstances attendant in the commission of the crime the medium penalty shall be
imposed. For the crime of murder, the medium as well as the minimum penalty are the
same because the lower range penalty, reclusion perpetua is an indivisible penalty.

Applying the rule to the case at bar where there is the mitigating circumstance of voluntary
surrender and the absence of any aggravating circumstances other than those already
absorbed in the circumstances which qualified the killing to murder (People vs. Cheng,
279 SCRA 129 [1997l), the minimum penalty of reclusion perpetua should be imposed.

Finally, as correctly pointed out in the People's brief. when death occurs as a result of a
crime, the heirs of the deceased are entitled to the amount of as P50,000.00 indemnity for
the death of the victim without need of any evidence or proof of damage (People vs.
Galladan, G.R. No. 126932, November 19, 1999; People vs. Española, 271 SCRA 689
[1997]). Thus, civil indemnity in the amount of P50,000.00 for the death of Wilfredo Alferez
will have to be awarded in favor of his heirs. Accused-appellants being convicted as
co-principals for the crime of murder, the two shall be held solidarily liable for the civil
indemnity.

PEOPLE OF THE PHILIPPINES,

Plaintiff-Appellee,

- versus -
ORLITO VILLACORTA,

Accused-Appellant.

G.R. No. 186412

Both the RTC and the Court of Appeals found that treachery was duly proven in this case, and we
sustain such finding. Cruz, the victim, was attacked so suddenly, unexpectedly, and without
provocation. It was two oclock in the morning of January 23, 2002, and Cruz, who was out buying
bread at Mendejas store, was unarmed. Cruz had his guard down and was totally unprepared for an
attack on his person. Villacorta suddenly appeared from nowhere, armed with a sharpened bamboo
stick, and without uttering a word, stabbed Cruz at the left side of his body, then swiftly ran away.
Villacortas treacherous mode of attack left Cruz with no opportunity at all to defend himself or
retaliate.

Article 266(1) of the Revised Penal Code provides:

ART. 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 from labor from one to nine days, or shall require medical attendance during the same
period.

The penalty of arresto menor spans from one (1) day to thirty (30) days.[31] The Indeterminate
Sentence Law does not apply since said law excludes from its coverage cases where the penalty
imposed does not exceed one (1) year.[32] With the aggravating circumstance of treachery, we can
sentence Villacorta with imprisonment anywhere within arresto menor in the maximum period, i.e.,
twenty-one (21) to thirty (30) days. Consequently, we impose upon Villacorta a straight sentence of
thirty (30) days of arresto menor; but given that Villacorta has been in jail since July 31, 2002 until
present time, already way beyond his imposed sentence, we order his immediate release.

Under paragraph (1), Article 2219 of the Civil Code, moral damages may be recovered in a criminal
offense resulting in physical injuries. Moral damages compensate for the mental anguish, serious
anxiety, and moral shock suffered by the victim and his family as being a proximate result of the
wrongful act. An award requires no proof of pecuniary loss. Pursuant to previous jurisprudence, an
award of Five Thousand Pesos (P5,000.00) moral damages is appropriate for less serious, as well as
slight physical injuries.[33]