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Physical Assault In The Philippines In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000298
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Definition: An unlawful attack by one person upon another.
1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance. 2. That the person assaulted is a person in authority or his or her agent.
The penalty for assault and battery depends on the classification of the injuries: Serious Physical Injuries: If the injuries incapacitate the victim for more than 30 days or cause permanent disfigurement, the accused may face imprisonment ranging from 6 months to 6 years, depending on the circumstances.
Penalties under this law range from prisión mayor (6 years and 1 day to 12 years of imprisonment) for less severe cases, up to reclusión perpetua (life imprisonment) if the abuse results in the death of the victim.
Serious Physical Injuries: If the injuries result in permanent incapacity, loss of a limb, or require more than 30 days of medical treatment, the punishment is prisión correccional or imprisonment from 6 months and 1 day to 6 years.
Under Article 148 of the RPC, the crime of direct assault is punishable with prision correccional in its minimum period and a fine not exceeding PHP 500.00 in the absence of qualifying aggravating circumstances, such as in this case.
The main difference is that assault is the intimidation portion or the act that makes another person believe they are going to cause you great bodily harm. The battery is the actual contact that occurred without consent.
Homicide: The recommended bail is ₱40,000 to ₱200,000, depending on the circumstances. Serious Physical Injuries: The recommended bail is around ₱10,000 to ₱60,000, depending on the degree of injury and whether the crime was committed with any aggravating circumstances.
Serious Physical Injuries: If the injuries result in permanent incapacity, loss of a limb, or require more than 30 days of medical treatment, the punishment is prisión correccional or imprisonment from 6 months and 1 day to 6 years.