Quick answer

To complain about physical injuries in the Philippines, first obtain medical care and a medico-legal or medical certificate, report the incident to the police, and preserve all evidence. Depending on the injury, the parties’ residences, the relationship between the parties, and whether the accused was arrested immediately, the case may begin through:

Katarungang Pambarangay, followed by a Certificate to File Action;
the Office of the City or Provincial Prosecutor; or
an inquest proceeding after a lawful warrantless arrest.

Do not wait for the injury to heal before acting. Slight physical injuries generally prescribe in only two months, although a proper barangay or criminal filing may interrupt or suspend prescription under applicable rules. Seek urgent legal assistance whenever the deadline is close, the injuries are serious, the attacker is a partner or family member, the victim is a child, or threats and violence are continuing.

Get medical care and ensure immediate safety

Go first to an emergency room, government hospital, rural health unit, or licensed physician if treatment is needed. Call 911 or approach the nearest police station if the attacker remains nearby, has a weapon, is making threats, or may attack again.

Tell the doctor truthfully:

when and how the injuries were inflicted;
which parts of the body were struck;
whether a weapon or harmful substance was used;
whether there was loss of consciousness, dizziness, vomiting, breathing difficulty, or severe pain; and
whether the injuries prevent work or ordinary activities.

Ask for copies of the clinical abstract, medical or medico-legal certificate, prescriptions, laboratory and imaging results, photographs taken by medical personnel, and official receipts. Follow-up findings can matter because fractures, internal injuries, permanent impairment, and the actual period of incapacity may not be apparent during the first examination.

A police blotter is useful documentation, but it is not by itself the criminal complaint that starts the prosecution.

Identify the possible offense

The proper charge depends on the medical consequences and all surrounding facts—not simply on whether an injury looks minor.

Under Articles 263, 265, and 266 of the Revised Penal Code, intentional injuries may generally be classified as follows:

Serious physical injuries

Injuries may be serious when they cause consequences specified in Article 263, including certain permanent disabilities, loss of a body part or its use, deformity, illness, or incapacity for labor for the periods stated in that article. The classifications include injuries causing illness or incapacity for more than 90 days and those lasting more than 30 days, but duration is not the only test.

Less serious physical injuries

An injury generally falls under Article 265 when it is not covered by the preceding provisions but incapacitates the victim for labor, or requires medical assistance, for 10 days or more. The ordinary penalty is arresto mayor. Higher consequences can apply when the injury is inflicted on specified persons or with circumstances adding insult or ignominy.

Slight physical injuries or maltreatment

Article 266 generally covers:

incapacity for labor or medical attendance lasting one to nine days;
an injury that neither prevents habitual work nor requires medical assistance; or
ill-treatment by deed that causes no injury.

The monetary ceilings in Articles 265 and 266 were updated by Republic Act No. 10951.

These day ranges help classify an injury, but the prosecutor and ultimately the court evaluate the complete medical evidence. A doctor documents the medical findings; the prosecutor determines which offense the evidence supports.

Different laws may apply when the harm was accidental, involved a motor vehicle, was committed during another crime, or occurred in a special relationship or setting.

Determine whether barangay proceedings are required

Barangay conciliation can be a precondition before filing with the prosecutor or court when the dispute falls within the lupon’s authority.

Under Sections 408–412 of the Local Government Code, barangay proceedings generally apply to disputes between individuals who actually reside in the same city or municipality, subject to venue rules and statutory exceptions.

For example:

If both parties live in the same barangay, the complaint is ordinarily brought there.
If they live in different barangays within the same city or municipality, it is generally brought where the respondent resides, at the complainant’s election if there is more than one respondent.
Parties living in different cities or municipalities are generally outside the lupon’s authority, unless their barangays adjoin and they agree to submit the dispute.

Barangay conciliation does not cover, among other exclusions:

an offense punishable by imprisonment exceeding one year or a fine exceeding ₱5,000;
a dispute involving the government;
a dispute involving a public officer’s performance of official functions;
an offense without a private offended party; or
parties who do not satisfy the statutory residence rules.

The ₱5,000 exclusion in Section 408 must be considered together with the penalties now stated in Republic Act No. 10951. Do not assume that every slight or less serious physical-injuries case automatically belongs in barangay proceedings; the particular subdivision and maximum statutory penalty matter.

The parties may also proceed directly in the situations listed in Section 412(b), including when:

the accused is detained;
a person has been deprived of liberty and habeas corpus relief is needed;
the action is coupled with a qualifying provisional remedy; or
the action may otherwise be barred by prescription.

If barangay conciliation applies, complain orally or in writing to the proper punong barangay. Attend personally; lawyers ordinarily do not appear for parties during these proceedings. If no settlement is reached after the required confrontation and proceedings, obtain the properly signed and attested Certificate to File Action and include it in the criminal complaint.

Filing with the punong barangay interrupts the prescriptive period while mediation, conciliation, or arbitration is pending, but the statutory interruption cannot exceed 60 days. The period resumes upon receipt of the relevant certificate. This makes prompt follow-through particularly important in slight-physical-injuries cases.

Prepare the complaint and supporting evidence

A criminal complaint is a sworn written statement charging a person with an offense. It should give a clear, chronological, first-hand account rather than legal conclusions or exaggerations.

Include, as applicable:

the complainant’s full name, address, and contact details;
the respondent’s full name and address, if known;
the exact or approximate date, time, and place;
what the respondent did, in sequence;
the weapon, object, substance, or method used;
the injuries and immediate symptoms;
treatment received and periods of medical attendance or inability to work;
the names and contact details of witnesses;
relevant statements or threats made before, during, or after the attack; and
what happened immediately afterward, including police and medical assistance.

Review the affidavit carefully before signing. Do not sign a blank document or an affidavit containing facts you did not personally observe. Witnesses should ordinarily execute their own sworn statements.

The DOJ’s published checklist for filing a complaint for preliminary investigation identifies documents such as an Investigation Data Form, complaint-affidavit or sworn statement, witness affidavits, and supporting evidence. Confirm the current number of copies and local receiving requirements with the prosecutor’s office before filing.

Useful attachments include:

medical or medico-legal certificates;
emergency-room and follow-up records;
X-rays, scans, laboratory results, and prescriptions;
dated photographs or videos of the injuries and scene;
police blotter or incident reports;
the Certificate to File Action, if required;
witness affidavits;
CCTV, dashboard-camera, or phone recordings;
messages containing admissions, threats, apologies, or attempts to influence witnesses;
damaged or bloodstained clothing and photographs showing its condition;
proof of employment and missed work; and
medical, transportation, rehabilitation, and other expense receipts.

Bring original documents for comparison when requested, but keep a complete copy of everything submitted. Ask for a receiving copy showing the date, office, and docket or reference number.

File in the proper office

Venue ordinarily follows where the offense was committed or where an essential ingredient occurred. File with the city or provincial prosecutor having territorial authority, unless the applicable rules allow or require another route.

Under Rules 110 and 112 of the Rules of Criminal Procedure:

For an offense requiring preliminary investigation, the criminal action begins by filing with the officer authorized to conduct it.
For other offenses, a complaint may generally be filed with the prosecutor or, where the rules permit, directly with the proper first-level court.
In Manila and other chartered cities, filing is with the prosecutor unless the city charter provides otherwise.

A preliminary investigation is ordinarily required when the prescribed penalty is at least four years, two months, and one day, without regard to the fine. Many physical-injuries complaints carry lower penalties and are handled under procedures for cases not requiring a preliminary investigation. The receiving office and prosecutor should classify the procedure from the alleged facts and supporting evidence.

If police lawfully arrested the suspect without a warrant because the offense occurred in their presence or had just occurred under the conditions in Rule 113, the case may proceed through inquest. Tell the police immediately about witnesses, recordings, weapons, and medical evidence. Do not try to make a warrantless arrest yourself unless the law clearly permits it and it can be done safely.

What happens after filing

The prosecutor examines whether the evidence supports prosecution. The respondent may receive the complaint and be required to submit a counter-affidavit and supporting documents. A clarificatory hearing may be held when necessary, but the investigation is not a full trial and there is generally no right to conduct ordinary cross-examination at that stage.

If the prosecutor finds the required basis to prosecute and the resolution is approved by the proper supervising prosecutor, an information is filed in court. The judge separately determines whether judicial probable cause exists and whether to issue a warrant, a summons, or another proper order.

If the complaint is dismissed, read the resolution immediately. Any motion for reconsideration or petition for review is governed by specific procedural rules and filing periods. Obtain legal advice promptly rather than relying on an informal request to reopen the case.

Criminal prosecution and compensation

The criminal case is prosecuted in the name of the People of the Philippines. The victim supplies evidence and participates as the private offended party but does not personally control the public prosecution after an information is filed.

Under Rule 111, the civil action to recover civil liability arising from the offense is generally deemed instituted with the criminal action unless the victim:

waives it;
reserves the right to file it separately; or
filed the civil action before the criminal case.

Keep proof of actual losses, including medical expenses, rehabilitation, transportation, damaged property, and lost earnings. Whether a particular amount is recoverable depends on admissible evidence and the court’s findings. A reservation of a separate civil action has procedural consequences and should be discussed with counsel before arraignment.

An affidavit of desistance does not automatically erase a public offense or compel dismissal. Likewise, payment of medical expenses does not necessarily end the criminal case. A barangay settlement, compromise, waiver, or affidavit should never be signed without understanding its legal effect.

Preserve evidence properly

Evidence is easiest to challenge when its origin, date, completeness, or handling cannot be shown.

Keep original photos, videos, and messages on the device where possible.
Export complete conversations rather than isolated screenshots.
Do not crop, enhance, annotate, or overwrite the only copy.
Back up files while preserving their original metadata.
Record who obtained CCTV footage and when.
Request CCTV promptly because businesses and property managers may overwrite it automatically.
Keep clothing and physical objects dry and separate; do not wash or alter them.
Write a private chronology while events are fresh.
Save all follow-up medical records, not only the first certificate.
Ask witnesses to record what they personally saw while their memories remain clear.
Preserve threatening or coercive communications received after filing.

Never obtain evidence through illegal access, impersonation, or unlawful recording. Ask a lawyer or investigator when the legality of a collection method is uncertain.

Filing deadlines and prescription

Prescription depends on the offense ultimately charged and the penalty prescribed by law. Article 90 of the Revised Penal Code provides different periods for offenses carrying afflictive, correctional, and light penalties.

Most urgently, slight physical injuries are light offenses and generally prescribe after two months. The period ordinarily begins under Article 91 from discovery of the offense and is interrupted by the institution of proceedings against the offender, subject to the applicable law and procedure. The Supreme Court has also explained that filing a complaint with the prosecutor can interrupt prescription for Revised Penal Code offenses; see the Court’s official discussion in Lee v. Court of Appeals and its 2024 guidance on filing before the DOJ.

Do not calculate a deadline by simply adding 60 calendar days or assume that a police blotter stopped it. Barangay proceedings suspend prescription only within the limits set by Section 410(c), and special laws may have different rules. If several weeks have passed, take the records to the barangay, prosecutor, Public Attorney’s Office, or private counsel immediately.

Situations requiring a different or additional remedy

Violence against women and their children

If the offender is or was the victim’s spouse, former spouse, dating partner, sexual partner, or the father of her child, the conduct may fall under Republic Act No. 9262. Criminal remedies and barangay, temporary, or permanent protection orders may be available. Section 33 expressly excludes VAWC cases from barangay conciliation or mediation.

Approach the police Women and Children Protection Desk, the barangay VAW desk, prosecutor, social-welfare office, PAO, or a lawyer. Ask specifically about a protection order if further violence, contact, stalking, or threats are feared.

A child was injured

Violence against a person below 18 may involve the Revised Penal Code, Republic Act No. 7610, or another child-protection law, depending on the circumstances and evidence. Report promptly to the Women and Children Protection Desk, local social-welfare office, prosecutor, or child-protection unit. Avoid repeatedly interviewing the child or coaching the child’s account.

Public officers, hazing, torture, or other crimes

Special laws and additional charges may apply to hazing, torture or custodial abuse, violence connected with robbery or sexual offenses, and attacks on persons in authority. An act causing injury through negligence is generally analyzed under Article 365 rather than as an intentional physical-injuries offense. These cases should not be forced into an ordinary barangay route without legal assessment.

Common mistakes to avoid

Treating a police blotter as the completed criminal complaint.
Waiting for visible injuries to disappear before obtaining medical documentation.
Assuming that every physical-injuries case must first go to the barangay.
Going to the wrong barangay based only on where the attack happened.
Missing hearings or ignoring notices after filing.
Omitting the respondent’s address, making service difficult.
Submitting edited screenshots without the complete conversation or original files.
Exaggerating the number of blows, the weapon used, or the period of incapacity.
Asking witnesses to repeat a prepared version rather than their own recollection.
Posting accusations or evidence publicly in a way that creates safety, privacy, or evidentiary problems.
Signing a settlement, waiver, or affidavit of desistance under pressure.
Ignoring a two-month prescription risk because informal negotiations are ongoing.

When legal help is urgent

Seek assistance immediately if:

the injury may be life-threatening, permanent, or disabling;
the victim is a child, older person, pregnant person, or person with a disability;
the offender is a partner, former partner, household member, police officer, or other public official;
a weapon, strangulation, chemical, poison, or repeated attack was involved;
the accused is detained or an inquest is underway;
the victim is being threatened, followed, bribed, or pressured to withdraw;
the proper barangay or filing office is uncertain;
the incident occurred nearly two months ago;
the complaint was dismissed; or
a settlement or affidavit of desistance has been proposed.

Those who qualify may request assistance from the Public Attorney’s Office. The DOJ Action Center and the appropriate city or provincial prosecutor may also provide procedural direction, while emergency protection should be requested from the police or the proper court.

Frequently asked questions

Can I file without a medico-legal certificate?

A complaint may be supported by other competent evidence, but medical documentation is often crucial to prove the existence, nature, and duration of the injury. Obtain an examination as soon as possible and explain any delay truthfully.

Where should I start: police, barangay, or prosecutor?

Go to the police immediately for safety, documentation, and investigation. Whether barangay conciliation is a legal precondition depends on the possible offense, statutory penalty, parties’ residences, and exceptions. If uncertain—especially where prescription is close—bring the records promptly to the prosecutor or a lawyer for assessment.

What if I do not know the attacker’s complete name?

Report all identifying information you have, including photographs, aliases, workplace, address, vehicle details, social-media account, and witness information. Police investigation may help establish identity. Do not publicly identify an uncertain suspect as fact.

Can I withdraw the complaint after settlement?

You may communicate your wishes, but physical injuries are generally public offenses prosecuted by the State. Desistance does not automatically require dismissal. A barangay settlement may also acquire the force of a final judgment under the conditions in the Local Government Code.

Can I recover medical expenses and lost wages?

Potentially, but the amount must be properly claimed and proved. Preserve official receipts, medical records, employment documents, and other reliable evidence connecting the loss to the offense.

Must the attacker be arrested before I file?

No. A complaint may be filed even when no arrest has occurred. Except in lawful warrantless-arrest situations, arrest ordinarily follows a court’s independent finding and issuance of the appropriate process.

What if the doctor initially recommends fewer than ten days but recovery takes longer?

Continue treatment and obtain updated, accurate medical records. Classification depends on the proven consequences, not merely the first estimate. Do not alter or ask a doctor to inflate a certificate.

Does reporting to the barangay always stop the deadline until the case ends?

No. For disputes within barangay authority, Section 410(c) limits the interruption to 60 days from filing. Once the relevant certificate is received—or the statutory limit is reached—the prescriptive period resumes.

Official legal sources

This article provides general Philippine legal information, not advice for a particular case. Classification, venue, deadlines, and available remedies depend on the evidence, medical findings, relationship of the parties, and governing law. Official sources were checked as of September 1, 2026.