Article 265.

Less serious physical injuries

The crime contemplated in this article is not included in the preceding paragraph and shall
incapacitate the offended party for labor for more than 10 days but not exceeding 30 days or
needs medical assistance in the same period.
Qualified less serious physical injuries
There is a manifest intent to insult or offend the injured person
There is any circumstance adding ignominy to the offense
The victim is the offender’s parents, ascendants, guardians, curator, teacher
Persons in rank or authority provided that the crime is not direct assault
2 indispensable requirements for this crime to be consummated: (more than 10 days but less
than 30 days)
Medical assistance/ hospitalized
Incapacity of the offended party

Article 266: Slight Physical Injuries

Key elements of the crime:
 Physical injuries incapacitated the offended party for labor for one to nine days or requires
medical assistance for the at same period.
Physical injuries did not prevent the offended party from engaging in his habitual work or
which did not require medical attendance for the same period
 Ill- treatment of another by deed without causing injury
When there is no actual evidence of the injury, it will be automatically be considered as slight
physical injuries.

RAPE

Article 266 – A. When Rape and How Commited

Under Article 266-A, rape is committed
 By a man who have a carnal knowledge of a woman under the following circumstances:
a. By force, threat or intimidation

b. when the offended party is deprived of reason otherwise unconscious

c. By means of fraudulent machinations, or grave abuse of authority

d. When the offended party is under sixteen (16) years of age or is demented, even
though none of the circumstances mentioned above be present: Provided, That there
shall be no criminal liability on the part of a person having carnal knowledge of another
person sixteen (16) years of age when the age difference between the parties is not more
than three (3) years, and the sexual act in question is proven to be consensual, non-
abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13)
years of age, this exception shall not apply. (RA 11648)

 By any person under the circumstances mentioned in the preceding paragraph shall
commit an act of sexual assault by inserting his penis into another person’s mouth or
 anal orifice, or any instrument or object, into the genital or anal orifice of another.
Absolutory circumstances
 Age difference between the accused and the victim is 3 years or less
 Sexual act between the accuse and the victim is consensual, non-abusive or non-
exploitative
 Victim must be 13 years old or over.
In the case of Pp. v. Tibon ,
The court reiterated the jurisprudence which established the exempting circumstance of insanity
shall be considered only when there is a complete deprivation of intelligence at the time of the
commission of the crime. Insanity has to be proven by clear and convincing evidence.
Wacoy and Quibac .v PP
The Court ruled in this case that there is no tumultuous affray between several persons because
there were only 2 persons who picked on defenseless individual. There was neither confusion
and tumultuous quarrel nor reciprocal aggression. Therefore the CA correctly held that the
mauling was the proximate cause of the death making them criminally liable for homicide.