Serious Physical Injuries
On Criminal Law
Serious Physical Injuries
ART.263
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.
The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity.
Deformity by loss of teeth refers to injury which cannot be repaired by the action of nature.
Loss of both outer ears, loss of the power to hear, and loss of the lobule of the ear constitute deformity.
Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one, of his body or use of the same.
If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time.
Under paragraph 4, all that is required is illness or incapacity, not medical attendance.
In determining incapacity, the injured party must have an avocation or work at the time of the injury. Work includes studies or preparation for a profession.
When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries.
There is no incapacity if the injured party could still engage in his work although less effectively than before.
Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries.
The reason why there is no attempted or frustrated physical injuries is because the crime of physical injuries is determined on the gravity of the injury. It is a crime of result. As long as the injury is not there, there can be no attempted or frustrated stage thereof.
ART.263
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.
The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity.
Deformity by loss of teeth refers to injury which cannot be repaired by the action of nature.
Loss of both outer ears, loss of the power to hear, and loss of the lobule of the ear constitute deformity.
Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one, of his body or use of the same.
If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time.
Under paragraph 4, all that is required is illness or incapacity, not medical attendance.
In determining incapacity, the injured party must have an avocation or work at the time of the injury. Work includes studies or preparation for a profession.
When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries.
There is no incapacity if the injured party could still engage in his work although less effectively than before.
Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries.
The reason why there is no attempted or frustrated physical injuries is because the crime of physical injuries is determined on the gravity of the injury. It is a crime of result. As long as the injury is not there, there can be no attempted or frustrated stage thereof.
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