To: Atty.

Ricardo Sunga
Director of of Developmental Legal Aid Clinic- De La Salle Unversity College of Law
From: Alfonso Miguel V. Dimla, Vener Angelo Margallo, Mary Dominique Gabrielle C.
Pobe
Suject: Alarms and Scandal v. Physical Injury
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Facts
The client is being charged with slight physical injuries with money claims due to his act
of inflicting minor scratches on the complainant. The client also claims to have an action
against the complainant, citing that he was also guilty of alarms and scandals during the
time of the said incident. There have been talks of amicably settling the case, but to no
avail. He now seeks advise regarding the said claims and the right course of action to take
to settle it amicably.

Issues:
1.) Whether or not a person has a right to file a case for an injury inflicted against his
person
2.) Whether or not a case for physical injuries will prosper even though the harm inflicted
against the other person are just minor scratches, which does not require any continuous
medication
3.) Whether or not a person may continue to file a case if the other unjustly refuses to
amicable settle

Laws Applicable
New Civil Code and The Revised Penal Code

Analysis and Recommendation

Question #1: Whether or not a person has a right to file a case for an injury inflicted
against his person
Answer: Yes a person has a right to file a case against another for an injury done to him
in accordance with Article 19 and 20 of the New Civil Code.
The said provisions provide:
Art. 19. “Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due and observe honesty and good faith.”1
Art. 20. “Every person who, contrary to law, wilfully or negligently causes damage to
another, shall indemnify the latter for the same.”2

The elements of an abuse of right under Article 19 are the following: (1) There is a legal
right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or
injuring another. Article 20 speaks of the general sanction for all other provisions of law
which do not especially provide for their own sanction .(Tolentino) 3
There is however, no hard and fast rule which can be applied to determine whether or not
the principle of abuse of rights may be invoked. The question of whether or not the
principle of abuse of rights has been violated, resulting in damages under Articles 20 and
21 or other applicable provision of law, depends on the circumstances of each case.
(Globe Mackay Cable and Radio Corporation vs. Court of Appeals, 176 SCRA 778
[1989]).
Hence, as applied in this case, there is a clear right for damages but the extent of which is
still needed in order to determine if a case for physical injuries will prosper. In this case it
can be said that by filing of the the other party of a case for physical injuries, the civil
liability was deemed instituted upon the filing of the criminal case, giving the defendant
the right to claim damages against the person of the alleged offender.

Question #2: Whether or not a case for physical injuries will prosper even though
the harm inflicted against the other person are just minor scratches, which does not
require any continuous medication

Answer: Yes. It is provided under Article 266 of the Revised Penal Code that a person
may file a case against another for injuries even though it did not require any medical
assistance or prevent the offended party from attending habitual work.

Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical
injuries shall be punished:

1
New Civil Code, Article 19
2
New Civil Code, Article 20
3
Commentaries and Jurisprudence on the Civil Code of the Philippines, pp. 71, Tolentino
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 20 pesos 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 exceeding 50 pesos when the
offender shall ill-treat another by deed without causing any injury.4

In the case at bar, the accused was only able to inflict scratches upon the victim; however,
the said scratches as admitted by the victim was only shallow and need not any medical
attention as they themselves did not seek any medical relief for the injury caused. As
prescribed under Article 266, the elements of Slight Physical Injuries meet the criteria,
further reinforced with. (People v. Fortrich)5

3.) Whether or not a person may continue to file a case if the other unjustly refuses
to amicably settle
Yes. Although the courts will look to direct the parties for an amicable settlement, more
so in cases that involve slight injuries and damages, but given the various legal basis
provided above, a case can definitely be filed and continued to court proceeding.

4
Revised Penal Code, Article 266
5
People vs. Fortrich, 88 SCAD 918, 281 SCRA 600