When is the penalty for Serious Physical Injuries aggravated, and does this apply to injuries inflicted by a parent upon a child by excessive chastisement?

When is the penalty for Serious Physical Injuries aggravated, and does this apply to injuries inflicted by a parent upon a child by excessive chastisement?

The penalty for Serious Physical Injuries is aggravated (increased) if the offense is committed against any of the persons enumerated in Article 246 (like a parent or spouse) or if committed with the attendance of any of the circumstances mentioned in Article 248 (like treachery or premeditation) (Article 263, Revised Penal Code). However, the general provisions for aggravation do not apply to a parent who inflicts physical injuries upon their child by excessive chastisement. This exception means such parental actions are governed by other relevant laws or specific provisions concerning child protection, excluding the increased penalties outlined here.

02 November 2025

 

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