Serious Physical Injuries
On Criminal Law
HOW COMMITTED:
1. Wounding;
2. Beating;
3. Assaulting; or
4. Administering injurious substances.
SERIOUS PHYSICAL INJURIES:
1. When the injured person becomes insane,imbecile, impotent or blind in consequence
of the physical injuries inflicted.
2. When the injured person –
a. loses the use of speech or the power to hear or to smell, loses an eye, a hand,
foot, arm or leg,
b. loses the use of any such member, or
c. becomes incapacitated for the work in which he had been habitually engaged
3. When the injured person –
a. becomes deformed,
b. loses any other member of his body,
c. loses the use thereof, or
d. becomes ill or incapacitated for the performance of the work in which he
had been habitually engaged in for more than 90 days.
4. When the injured person becomes ill or incapacitated for labor for more than 30
days (but not more than 90 days).
Serious physical injuries may be committed through reckless imprudence or simple
imprudence.
There must be no intent to kill.
Impotence includes inability to copulate and sterility.
Blindness requires lost of vision in both eyes. Mere weakness in vision is not
contemplated.
Loss of power to hear must involve both ears. Otherwise, it will be considered as
serious physical injuries under par 3.
Loss of the power to hear in the right ear is considered as merely loss of use of some
other part of the body.
Loss of use of hand or incapacity of usual work in paragraph 2 must be permanent.
Paragraph 2 refers to principal members of the body. Paragraph 3, on the other hand,
covers any other member that is not a principal part of the body. In this respect, a
front tooth is considered as a member of the body and not a principal member.
Deformity means physical ugliness, permanent and definite abnormality that is
not curable by natural means or by nature. It must be conspicuous and visible. Thus, if
the scar is usually covered by a dress, it would not be conspicuous and visible. Loss
of teeth as deformity will not apply to child or
old man.