Letter to the Attorney

Dear Attorney,

I am writing to seek your guidance on a serious matter involving a physical assault where the perpetrator used a pair of scissors to stab the victim. This incident raises questions about the legal remedies and charges that can be pursued under Philippine law. Specifically, I would like to understand the appropriate case to file, the elements that need to be established, and the possible penalties for the assailant.

Could you provide an explanation of the relevant legal provisions, procedural requirements, and evidentiary considerations? I want to ensure that justice is properly served, and any advice you can give on this matter would be deeply appreciated.

Sincerely,
A Concerned Citizen

Comprehensive Legal Analysis on Assault with a Deadly Weapon in Philippine Law

Under Philippine law, stabbing someone with scissors constitutes a criminal act that may fall under various provisions of the Revised Penal Code (RPC), depending on the intent, severity of injury, and circumstances surrounding the act. This article examines the legal remedies, the specific cases that may be filed, and the factors influencing the determination of charges.

1. Determining the Proper Case to File

The nature of the act—stabbing with scissors—qualifies as an assault involving a deadly weapon. The determination of the appropriate charge will depend on several factors, including intent, the gravity of the injury inflicted, and the presence of mitigating or aggravating circumstances.

a. Physical Injuries (Articles 262–266 of the RPC)

The charge of "Physical Injuries" is applicable when harm is inflicted but without the intent to kill. The law classifies physical injuries into various degrees:

Serious Physical Injuries (Article 263):
If the stabbing results in:
- Loss of a part of the body,
- Permanent disability or incapacity for work,
- Deformity, or
- The victim’s inability to work for more than 30 days,
  the accused may face a penalty ranging from prision mayor (6 years and 1 day to 12 years) to reclusion temporal (12 years and 1 day to 20 years), depending on aggravating or mitigating factors.
Less Serious Physical Injuries (Article 265):
If the injury incapacitates the victim for 10 to 30 days or requires medical attention within that period, the penalty is arresto mayor (1 month and 1 day to 6 months).
Slight Physical Injuries (Article 266):
For injuries that require less than 10 days of medical attention or cause minor harm, the penalty is arresto menor (1 day to 30 days) or a fine.

b. Attempted or Frustrated Homicide (Article 249)

If the assailant’s intent to kill can be proven but the victim survives, the act may qualify as either:

Attempted Homicide: When the assailant begins the execution of the crime but fails to inflict mortal harm due to reasons other than their own desistance.
Frustrated Homicide: When the victim sustains injuries that would ordinarily cause death but survives due to timely medical intervention.

Both crimes are penalized under the framework of homicide, with penalties adjusted based on the degree of execution.

c. Homicide or Murder (Articles 248–249)

If the victim dies as a result of the stabbing, the charge may escalate to:

Homicide (Article 249): Penalized with reclusion temporal, if committed without qualifying circumstances.
Murder (Article 248): If any of the qualifying circumstances under Article 248 are present (e.g., treachery, evident premeditation, or cruelty), the penalty increases to reclusion perpetua to death.

d. Other Potential Charges

Alarm and Scandal (Article 155): If the act caused public disturbance but no serious injuries occurred.
Illegal Possession of Deadly Weapon: If the scissors used is considered a deadly weapon under certain circumstances.

2. Legal Definition of a Deadly Weapon

Although scissors are not traditionally classified as a deadly weapon like a knife or firearm, jurisprudence recognizes objects as deadly weapons based on their potential to cause serious harm. In People v. Layson (G.R. No. 192545, June 16, 2021), the Supreme Court held that the determination depends on the nature, size, and use of the object.

When scissors are wielded to stab someone, they can be considered a deadly weapon, making the offense graver.

3. Elements of the Crime

For any case involving assault or homicide, the prosecution must establish the following elements beyond reasonable doubt:

Intent or Malice: Proof that the act was deliberate and not accidental.
Execution: Evidence that the accused committed the act (e.g., witness testimony, CCTV footage).
Injury or Death: Proof of the harm inflicted, supported by medico-legal findings.
Circumstances: Factors that may qualify or mitigate the offense (e.g., self-defense).

4. Procedural and Evidentiary Considerations

a. Filing the Complaint

The victim or a representative must file a criminal complaint with the police or the prosecutor’s office.
Include evidence such as:
- Medical certificates,
- Police blotter reports,
- Witness affidavits.

b. Role of Medico-Legal Evidence

The nature and extent of injuries must be documented through:

A medico-legal certificate specifying the type and location of wounds.
Expert testimony from a forensic pathologist if necessary.

c. Role of Witnesses

Testimonies from those who witnessed the act can establish intent, identify the accused, and refute claims of self-defense.

5. Defenses Available to the Accused

Common defenses in such cases include:

Self-Defense (Article 11, RPC): If the accused can prove imminent danger to their life and the use of scissors was a reasonable response.
Lack of Intent to Kill: If the accused can demonstrate the absence of malice or premeditation.
Accident: If the act occurred unintentionally and without negligence.

6. Aggravating and Mitigating Circumstances

Aggravating Circumstances

Treachery,
Abuse of superior strength,
Commission of the act in a public place.

Mitigating Circumstances

Lack of intent to commit so grave a wrong,
Voluntary surrender.

7. Penalties

Penalties vary depending on the classification of the offense:

Physical Injuries: From fines to imprisonment up to 20 years.
Attempted or Frustrated Homicide: Prision mayor (6 to 12 years).
Homicide or Murder: Reclusion temporal (12 to 20 years) to reclusion perpetua (20 to 40 years) or death (suspended under current laws).

8. Civil Liability

Apart from criminal penalties, the accused may also face civil liability for:

Actual damages (e.g., medical bills),
Moral damages for psychological trauma,
Exemplary damages if aggravating circumstances are proven.

9. Conclusion

In cases involving stabbing with scissors, the appropriate charge will depend on the evidence of intent, the degree of harm inflicted, and the presence of aggravating or mitigating circumstances. Legal counsel should be sought immediately to ensure proper documentation, case preparation, and representation.

Filing the correct charge is critical for justice to be served. Whether the offense constitutes physical injuries, homicide, or murder, understanding the nuances of Philippine law ensures that the perpetrator is held accountable for their actions.