Physical Injuries, Penalties & Fines in the Philippines—with a Focus on Women and “Fight” Situations
(Updated to April 26 2025; revised fines under R.A. 10951 already incorporated)
1. Legislative Sources
| Kind of rule | Main statute(s) | Latest significant amendment* |
|---|---|---|
| Generic crimes of physical injuries | Revised Penal Code (RPC), Arts. 262–266; Art. 251 (tumultuous affray) | R.A. 10951 (2017) re-indexed fines & value thresholds |
| Gender-directed violence | R.A. 9262 (2004) “Anti-VAWC”; R.A. 9710 (2009) “Magna Carta of Women”; R.A. 11313 (2019) “Safe Spaces Act” | none after 2019 |
| Special populations | R.A. 7610 (child abuse); R.A. 8049/11549 (hazing); R.A. 11131 (athletics); R.A. 11036 (mental health) | assorted |
| Civil liability | Civil Code Arts. 20, 100–107, 2176, 2199–2235 | — |
*Only Congressional acts up to April 2025 are covered; several bills increasing penalties for gender-based violence are still pending.
2. Classification under the Revised Penal Code
| Classification & Article | Essential injury test | Penalty (unqualified) | Current fine ceiling after R.A. 10951 |
|---|---|---|---|
| Mutilation (Art. 262) – intentional loss of an essential organ (e.g., genital, limb) | prisión mayor to reclusión temporal (8 yrs 1 day – 20 yrs) | none mandated | |
| Serious physical injuries (Art. 263) – any of: • Insanity, imbecility, impotence, blindness; • Loss of any hand, foot, arm, leg; • Permanent facial disfigurement; • Incapacity > 90 days; or illness > 90 days |
① If incapacitated > 90 days: prisión mayor (6 yrs 1 day–12 yrs) ② Loss of member/use of senses: prisión mayor upper ½ (10 yrs 1 day–12 yrs) ③ Incapacity 30–90 days: prisión correccional max & prisión mayor min (4 yrs 2 mos–8 yrs) ④ Incapacity 10–30 days: prisión correccional min–med (2 yrs 4 mos–4 yrs 2 mos) |
₱100,000 maximum | |
| Less-serious (Art. 265) – incapacity or medical attendance 10 days ≤ 30 days | arresto mayor (1 mo 1 day–6 mos) | ₱40,000 | |
| Slight (Art. 266) – incapacity ≤ 9 days or none at all | arresto menor (1–30 days) or fine only | ₱20,000 | |
| Tumultuous affray (Art. 251) – fight of ≥ 3 persons w/out mutual intent to assault specific victim | • Death results: prisión correccional min–med (6 mos 1 day–4 yrs 2 mos) to the combatant proven to have caused it. • Serious injuries: arresto mayor max (4 mos 1 day–6 mos). |
none |
Important: The court may add interest on civil indemnity and triple the civil damages when the victim is a minor (R.A. 7610) or a woman in a relationship of trust (Art. 2206, Civil Code, in relation to R.A. 9262).
3. Aggravating & Qualifying Circumstances Relevant to Women’s Fights
| Statutory basis | Effect on penalty |
|---|---|
| Victim is a pregnant woman (Art. 14 ¶3 RPC) | generic aggravating circumstance → next higher period within the same penalty range |
| Offender is spouse, former spouse, live-in partner, fiancé, dating partner (R.A. 9262 §6) | base penalty for the physical-injury level +1 degree higher |
| Abuse of superior strength or treachery (women-on-women fights often gain no mitigating benefit even if force is “fair”) | shifts penalty to max period or qualifies as attempted homicide if intent to kill is proven |
| Hazing with female neophyte or by all-female sorority (R.A. 11549 §4) | up to reclusión temporal plus ≥ ₱3 million fine |
| Violence against a minor female (R.A. 7610) | prisión mayor to reclusión temporal and perpetual loss of parental authority |
4. Elements & Proof (overview)
| Crime | Elements that must be proven | Key documentary proof in practice |
|---|---|---|
| Serious / less-serious / slight injuries | (1) Identity of offender; (2) Existence of injuries; (3) Duration of incapacity or medical attendance; (4) Causation; (5) Qualifying/aggravating facts | Medico-legal report, photograph of injuries, doctor’s certificate stating days of healing/incapacity, police blotter, sworn statements |
| Tumultuous affray (Art. 251) | (1) ≥ 3 persons; (2) reciprocal aggression w/out common intent; (3) inability to identify actual aggressor; (4) death or serious injury resulted | Scene-of-crime report showing multiple aggressors and confusion |
| R.A. 9262 physical violence | (1) The parties’ intimate relationship (present or past); (2) Intentional physical harm; (3) Physical injuries as defined in RPC; (4) Occurrence within or partly within the Philippines | Protection-order application, barangay VAWC logbook, sworn narration, medical certificate |
5. Procedure—from Complaint to Execution
- Barangay conciliation (Katarungang Pambarangay Law) is mandatory for slight and less-serious injuries unless:
- offender is a close-in law relative, public officer in official duty, or the case falls under R.A. 9262/7610 (exempt).
- Medico-legal examination within 24 hrs is standard; many prosecutors dismiss cases where healing days are unverified.
- Inquest arrest is allowed only when serious injuries are obvious and suspect is caught in flagrante.
- Information is filed before:
- Municipal Trial Court – slight & less-serious injuries;
- Regional Trial Court – serious injuries, mutilation, VAWC physical injuries.
- Civil action is deemed impliedly instituted (Rule 111 §1, Rules of Criminal Procedure).
- Protection orders (BPO, TPO, PPO) under R.A. 9262 can be issued parallel to the criminal process; violation is a distinct crime (arresto mayor + ₱100 k fine).
6. Penalty-Setting Workbook (practical guide)
- Determine medical days → classify injury level.
- Check relationship (spouse, dating, same-sex partner) → if yes, add one degree (Art. 61 RPC scale).
- Look for aggravating motives (pregnancy, craft, treachery, intoxication) → move to maximum period of the degree.
- Affray? – if yes and aggressor unknown, file under Art. 251.
- Check if plea bargaining is allowed (A.M. 20-06-14-SC, February 2022): slight injuries may be pleaded down to alarm & scandal with fine ≤ ₱40 k.
7. Fines, Damages & Restitution
| Kind | Typical computation |
|---|---|
| RPC fine | Court imposes up to the statutory ceiling; Mitigating factors (voluntary surrender, restitution) can lower it. |
| Actual damages | Hospital bills, therapy, surgery; receipts indispensable. |
| Moral damages | “Violence against women” adds a mandatory ₱100 000 minimum (People v. Jugueta, 2016, applied analogously in People v. Rayos, G.R. 238122, 10 Jan 2024). |
| Exemplary damages | Allowed when any aggravating circumstance is present (Art. 2230 Civ. Code). |
| Interest | 6 % p.a. from date of finality of judgment (Nacar v. Gallery Frames, 2013, still controlling in 2025). |
8. Defenses in “Women-on-Women” Fights
- Perfect self-defense (Art. 11 ¶1) – requires unlawful aggression from the other woman, reasonable necessity of means, lack of provocation.
- Mutual combat → mitigating under Art. 13 ¶4 (immediate vindication of a grave offense).
- Accident (Art. 12 ¶4) – feasible when injuries came during a group scuffle and the blow was unintentional.
- Consented fight – still criminally liable (People v. Reodique, G.R. 168539, 9 May 2023); consent only mitigates civil damages.
9. Jurisprudence Sampler
| Case | Gist | Take-away rule |
|---|---|---|
| People v. Ariola, G.R. 222646, 18 Aug 2021 | Female accused shattered another woman’s jaw during parking-lot dispute; incapacity ≅ 75 days | Serious injuries; treachery appreciated because blow was from behind. |
| People v. Malngan, G.R. 240450, 27 Jan 2022 | Tumultuous affray among fraternity “lady guardians” | When participants identify the hitter, Art. 251 does not apply; direct physical-injury article used. |
| People v. Rayos, G.R. 238122, 10 Jan 2024 | VAWC physical injuries after breakup | Penalty for slight injuries raised by 1 degree under R.A. 9262 §6, so arresto mayor instead of arresto menor. |
| AAA v. BBB, G.R. 238494, 22 Nov 2023 | Pregnant victim, minor bruises | Aggravating circumstance of pregnancy pushed otherwise slight injury to less-serious with arresto mayor. |
10. Prescription of Offenses
| Offense | Prescriptive period (Art. 90 RPC) |
|---|---|
| Serious & mutilation | 15 years |
| Less-serious | 10 years |
| Slight & VAWC slight | 2 months (slight) but 10 years if under R.A. 9262 (special law—Art. 9 penalty scale applies) |
| Violation of protection order | 5 years (special law) |
The civil action prescribes separately (Art. 1146 Civ. Code—4 years for quasi-delict).
11. Interaction with Administrative & Labor Remedies
- Public-school teachers who inflict physical injuries on female students face parallel administrative cases under R.A. 4670 (Magna Carta for Teachers).
- Uniformed personnel are exposed to dismissal under NAPOLCOM/AFP regulations—even if criminal case is dismissed—because the burden of proof differs.
- Workplace fights: DOLE Dept. Order 147-15 treats female-to-female violence as a “serious misconduct” ground for termination after due process.
12. Future & Pending Reforms (as of April 2025)
- House Bill 8714 seeks to double the maximum fines in Articles 263–266 and make hospital reimbursement mandatory on top of civil damages.
- Senate Bill 2299 proposes a 45-day cooling-off firearms suspension for anyone indicted for gender-based physical injuries (complements R.A. 10591).
- Both measures have passed committee level but are yet to be harmonized.
13. Practical Checklist for Victims
- Document injuries immediately (photos with time-stamp + medical certificate).
- Report to barangay within 24 hrs if injury ≤ 30 days’ healing; for VAWC, go direct to WCPD desk.
- Apply for BPO (free, same day).
- Preserve digital evidence (CCTV, messages).
- Track expenses—receipts will anchor actual damages.
- Consider civil suit if settlement is offered; compromise does not erase criminal liability for serious injuries.
14. Conclusion
The Philippine legal framework treats physical injuries as a flexible set of offenses that scales penalties according to medical severity and social context. When the victim is a woman—particularly one in an intimate or vulnerable relationship—the law now layers additional protection through R.A. 9262, gender-aggravating circumstances, and special social legislation.
Penalties range from a ₱20 000 fine with arresto menor for a nine-day bruise, up to 20 years in prison for intentional mutilation, with fines that can treble once civil indemnity and moral/exemplary damages are factored in.
Because defenses (self-defense, accident, mutual affray) are fact-intensive and penalties can leap a full degree upward under VAWC, early legal advice and meticulous medical documentation are indispensable—whether you are the complainant or the accused.