Republic of the Philippines

8th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
____________
PEOPLE OF THE PHILIPPINES,
Plaintiff;
Criminal Case No. xx
For: SLIGHT PHYSICAL INJURIES
-versusxxx
Accused.
x-------------------------------------------x
DECISION
Private complainant xxx and accused xxx are neighbors. An
incident happened on 14 July 2015, which resulted in a criminal
case filed by the former against the latter, to wit:
That on or about the 14th day of July 2015, in the City of xxx,
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, taking advantage of his superior strength, did,
then and there, willfully, unlawfully and feloniously attack, assault and
strike the chest of xxx who is a woman with use of his palm causing
the latter to fall down to the concrete pavement which resulted to her
injuries on the different parts of her body, which injuries require her
medical attendance and or incapacitated her to a period of not less
than two (2) days but not more than three (3) days.

When arraigned on 15 February, 2016, accused, assisted by

counsel de officio, entered a plea of not guilty.
At the trial, the prosecution presented their sole witness, the
private complainant herself who testified through her Judicial
Affidavit.1 She narrated that at about 8:30PM on July 14, 2015,
accused suddenly showed up at the front of their house shouting
and challenging her husband to a fight. She told her husband to
stay inside while she went to the door. Accused suddenly grabbed
her right arm and struck her chest with an open palm causing her
to fall down and scrape her right knee, right arm and left arm on
the concrete pavement. The accused was pacified by his father
and was brought inside their house, still being very angry and
shouting curses. Private complainant and her husband went
immediately to xxx PNP Precinct to ask assistance. They obtained
a police blotter2 on the incident and sought medical treatment. A
medico-legal report3 was issued to her from the xxx City Hospital
showing the following findings: slight swelling right knee; slight
swelling dorsum right foot; and greenish discoloration palm left
1 Records, pp. 8-9
2 Exhibit B; records, p. 18.
3 Exhibit A; records, p. 15.
Page 1 of 3

hand, which require medical attendance for a period of two days

to three days.
The witnesses identified the medico-legal report, an excerpt from
the police blotter and the certificate to file action. 4
On the other hand, accused likewise presented himself as the sole
witness for the defense. He testified through his Judicial Affidavit, 5
denying the version of the prosecution and stated that on the
time of incident, he was drinking with his beer buddies near his
house. After finishing several bottles he went home and saw the
complainant at their door. She approached him and a quarrel
ensued until he signaled to stop her as she was getting closer to
his face. At his gesture, complainant stepped backwards and hit
her heel on the hump causing her to fall down and sustain
injuries.
Accused identified pictures6 showing the elevated portion of
the pavement where the complainant stumbled backwards.
Ruling
The Court is convinced that accused has pushed the
complainant which caused her to fall and sustain injuries to the
right knee, right foot and left palm, as shown in the medico-legal
report issued by a government physician, which this court finds
truthful pursuant to the rule on regularity of performance of duty.
The extent of injuries suffered by the victim, xxx, shows that she
did not fall on her back where her behind hit first, then
immediately supported by her both hands, as stated by accused.
The hump at the doorstep has nothing to do with xxx injuries. It is
more consistent with human experience that Edmund grabbed
the right hand of xxx with his one hand and his other hand
pushed her chest which caused xxx to be thrown around
downwards, with her right knee, foot and palm hitting the
pavement altogether.
Under Article 266 (1) of the Revised Penal Code, to wit:
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 for labor from one to
nine days, or shall require medical attendance during the same
period.

4 Exhibit C; records, p. 16
5 Records, pp. 62-69.
6 Exhibit 1 & series; recors, p. 69.
Page 2 of 3

The penalty for slight physical injuries is arresto menor,

which ranges from one day to 30 days of imprisonment. The
Indeterminate Sentence Law being inapplicable due to the
penalty imposed not exceeding one year, the accused shall suffer
a straight penalty of 15 days of arresto menor.
The award of moral damages to xxx is appropriate. Such
damages are granted in criminal cases resulting in physical
injuries.7 The amount of P5,000.00 fixed as moral damages is
consistent with the current jurisprudence. 8
WHEREFORE, ENTER a judgment: (a) finding accused xxx,
GUlLTY beyond reasonable doubt of the crime of SLIGHT
PHYSICAL INJURIES under paragraph 1, Article 266, of the Revised
Penal Code; (b) sentencing him to suffer the penalty of 15 days
of arresto menor; and (c) ordering him to pay xxx, the amount
of P5,000.00 as moral damages.
SO ORDERED.
IN CHAMBERS, xxx

xxx
Presiding Judge

7 Article 2219 (I) of the Civil Code.

8 People v. Villacorta, G.R. No. 186412, September 7, 20 II, 657 SCRA 270, 288.

Page 3 of 3