HOUSE OF REPRESENTATIVE

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Republic of the Philippines are, 0? SEP 2016
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REGISTRATION UNIT
BILLS AND INDEX SERVICE

SEVENTEENTH (17") CONGRESS
First Regular Session

HOUSE BILL NO. 3524

Introduced by Representative Manuel Monsour T. Del Rosario III

EXPLANATORY NOTE

The Constitution, specifically Article III, Section 19 paragraph (1) thereof, states:
“Excessive fines shall not be imposed nor cruel, degrading or inhuman punishment inflicted...”

‘The fines prescribed by the Revised Penal Code for the crimes of less serious physical
injuries and slight physical injuries and maltreatment have not been amended since the Code’s
enactment on December 8, 1930.

‘The economic and inflation factors that underpinned the amount of fines imposed by the
Code Commission in the late 1920s no longer exist today. A fine of Php20.00 to Php200.00 for
the aforementioned crimes, while prohibitive and reasonable in the 1930s to the 1950s, are paltry
in today’s pecuniary standards. The meager fines, unchanged for decades, are now lopsidedly
disproportionate to the crimes of less serious and slight physical injuries.

‘There has been an alarming increase in said crimes, which has left victims aghast at the
measly fines levied by the courts, and which has led offenders to merrily walk away, pleased at
their good fortune. It has likewise left judges scrabbling their heads at the futility of such fines.
This situation has helped undermine the people’s faith in the Government and its ability to
administer justice fairly and equitably.

Hence, in the interest of justice, public order and the rule of law, and the need to rationalize
and harmonize the fines for less serious physical injuries and slight physical injuries and
maltreatment, approval of this bill is fervently sought.

iUEL MONSOUR T. DEL ROSARIO II


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH (17) CONGRESS
First Regular Session

3524

HOUSE BILL NO.

Introduced by Representative Manuel Monsour T. Del Rosario [11

AN ACT INCREASING THE FINES FOR LESS SERIOUS PHYSICAL INJURIES AND
SLIGHT PHYSICAL INJURIES AND MALTREATMENT, AMENDING FOR THE
PURPOSE ARTICLES 265 AND 266 OF ACT NO. 3815, OTHERWISE KNOWN AS

THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

Section 1. Short Title. — This Act shall be known as the “Amended Fines for Physical
Injuries Act”.

Section 2. Declaration of Policy. — It is hereby declared the policy of the State to foster
and ensure not only obedience to its authority, but also to adopt such measures as would effectively
promote the maintenance of peace and order, the protection of life, liberty and property, and the
promotion of the general welfare which are essential for the enjoyment by all the people of the
blessings of democracy in a just and humane society.

Section 3. Article 265 of the Revised Penal Code is hereby amended to read as follows:

“Art, 265. Less serious physical injuries. — Any person who shall inflict
upon another physical injuries not described in the preceding articles, but which
shall incapacitate the offended party for labor for ten days or more, or shall require
medical assistance for the same period, shall be guilty of less serious physical
injuries and shall suffer the penalty of arresto mayor.

“Whenever less serious physical injuries shall have been inflicted with the
manifest intent to kill or offend the injured person, or under circumstances adding
ignominy to the offense in addition to the penalty of arresto mayor, a fine not less
than Ten Thousand Pesos (Php10,000.00) but not exceeding Fifty Thousand
Pesos (Php50,000.00) shall be imposed.

“Any less serious physical injuries inflicted upon the offender's parents,
ascendants, guardians, curators, teachers, or persons of rank, or persons in
authority, shall be punished by prision correccional in its minimum and medium
periods, provided that, in the case of persons in authority, the deed does not
constitute the crime of assault upon such person.”


Section 3. Article 266 of the Revised Penal Code is hereby amended to read as follows:

“Article 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.

2. By arresto menor or a fine not exceeding Five Thousand Pesos
(PhpS,000.00) and censure when the offender has caused physical
injuries which do not prevent the offended party from engaging in his
habitual work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not less than Five
Thousand Pesos (PhpS,000.00) but not exceeding Ten Thousand
Pesos (Php10,000.00) when the offender shall ill-treat another by deed
without causing any injury.”

Section 4. Separability Clause. ~ If any provision or part of this Act, or the application
thereof to any person or circumstances, is held invalid or unconstitutional, the remaining sections
of this Act or the application of such provision or part hereof to other persons or circumstance shall
remain in full force and effect.

Section 5. Repealing Clause. — All laws, decrees, orders, issuances, rules and regulations
or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

Section 6. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette and/or in two (2) newspapers of general circulation.

Approved.