Quick answer

To file a criminal complaint for physical injuries in the Philippines, first obtain medical treatment and a medical certificate, report the incident to the police, preserve all evidence, and prepare a detailed complaint-affidavit with witness affidavits and supporting documents. File these with the Office of the City or Provincial Prosecutor that has territorial jurisdiction over the place where the assault happened.

However, some disputes must first undergo Katarungang Pambarangay proceedings. If prior barangay conciliation is required, obtain a Certificate to File Action before proceeding to the prosecutor or court. Do not delay: slight physical injuries may prescribe in only two months, subject to rules on interruption of prescription.

A police blotter records an incident, but it is not, by itself, the criminal complaint that starts prosecution.

Get medical care and secure your safety first

If the injury is serious, there is continuing danger, or the assailant has threatened another attack:

Go to the nearest hospital or emergency facility.
Call the police or emergency services.
Move to a safe place.
Ask for assistance in obtaining a protection order if the incident involves domestic or intimate-partner violence.
Do not confront the assailant merely to obtain an admission or additional evidence.

Tell the attending doctor truthfully how, when, and where the injuries were sustained. Ask for copies of the medical certificate, clinical abstract, diagnostic results, prescriptions, official receipts, and photographs or diagrams made during the examination.

A medico-legal examination is especially useful, but urgent treatment should not be postponed simply because a medico-legal officer is unavailable.

What offense may have been committed?

The correct charge depends primarily on the injury’s consequences, the medical evidence, the manner of attack, and the assailant’s apparent intent. The victim does not have to determine the final legal label before seeking help.

Under Articles 263, 265, and 266 of the Revised Penal Code:

Serious physical injuries include injuries producing consequences specified in Article 263, such as blindness, loss of a body part or its use, deformity, illness or incapacity lasting for the statutory periods, or certain other grave results.
Less serious physical injuries generally involve incapacity for work or required medical assistance lasting 10 days or more, when the injury does not fall under the more serious categories.
Slight physical injuries generally cover incapacity or required medical attendance lasting one to nine days, injuries that do not prevent habitual work and require no medical assistance, or maltreatment without an injury.

The number of treatment or incapacity days is important, but it is not the only consideration. A permanent deformity, loss of function, intent to kill, use of a weapon, location of wounds, repeated blows, or surrounding threats can materially change the proper charge.

For example, an attack initially described as “physical injuries” may instead support attempted or frustrated homicide if the evidence shows intent to kill. An accidental or negligent injury may fall under Article 365 on reckless imprudence. Violence connected with robbery, hazing, child abuse, sexual violence, or violence against women and their children may be governed by other laws.

The prosecutor determines what charge the evidence supports, and the court makes the final determination after trial.

Step 1: Report the incident to the police

Go to the police station responsible for the place where the incident happened. Give a complete and chronological account, including:

The date, approximate time, and exact location
The assailant’s identity or description
What happened immediately before, during, and after the attack
The words, threats, or admissions made
Any weapon used
Every injury sustained
The identities and contact details of witnesses
Nearby CCTV cameras or establishments
Any prior threats, stalking, harassment, or similar incidents

Ask for the blotter or incident-record reference number and keep a copy of any document you sign.

Read your statement carefully. Correct inaccurate dates, names, locations, quotations, and descriptions before signing. If you do not understand the language used, ask that the statement be read or translated into a language you understand.

A blotter entry helps document the report, but prosecution ordinarily requires a sworn complaint and supporting evidence filed through the legally proper channel.

Step 2: Preserve evidence immediately

Evidence can disappear quickly. Secure the following when available:

Clear photographs and videos of the injuries, taken soon after the incident and during healing
Medical certificates, hospital records, laboratory and imaging results
Prescriptions and official receipts
Torn, bloodstained, or damaged clothing
Photographs of the scene and damaged property
CCTV footage from homes, barangays, businesses, subdivisions, or public transport
Original messages, emails, call logs, voice messages, and social-media communications
Witness names, addresses, and telephone numbers
Proof of lost income or missed work
Earlier police or barangay reports involving the same person
Threats or attempts to pressure the victim into withdrawing the complaint

Save electronic evidence in its original form. Keep the device containing it, preserve complete conversations rather than isolated screenshots, and make secure backup copies. Note who obtained each recording and when.

Ask CCTV custodians in writing to preserve footage as soon as possible. Many systems automatically overwrite recordings after a short period.

Do not edit photographs, crop out relevant context, fabricate reenactments, or coach witnesses. Keep originals and provide accurate copies.

Step 3: Determine whether barangay conciliation is required

Sections 408–412 of the Local Government Code generally require prior barangay conciliation when the parties are natural persons who actually reside in the same city or municipality and the dispute falls within the lupon’s authority.

Depending on the parties’ residences, the proceedings are ordinarily brought:

In the barangay where both parties reside, if they live in the same barangay; or
In the barangay where the respondent resides, if they live in different barangays within the same city or municipality.

Barangay conciliation is not required in every physical-injury case. Statutory exceptions include, among others:

An offense punishable by imprisonment exceeding one year or a fine exceeding ₱5,000
A dispute in which one party is the government
A case involving a public officer or employee when the dispute relates to official functions
An offense with no private offended party
Parties residing in different cities or municipalities, unless the barangays adjoin and the parties agree to submit the dispute
Situations in which urgent legal action is allowed, including cases involving a detained accused, habeas corpus, provisional remedies, or an action that may otherwise be barred by prescription

The amended fines under Republic Act No. 10951 can affect whether a particular form of slight or less serious physical injuries falls within the lupon’s authority. Residence, the exact alleged offense, the applicable maximum penalty, and any special law must therefore be checked before assuming that barangay proceedings are mandatory.

If conciliation is required and no settlement is reached, obtain the appropriate Certificate to File Action. Keep the original and copies.

Barangay proceedings are not a substitute for emergency police protection, medical treatment, or a protection order. Filing with the punong barangay interrupts prescription only within the limits set by Section 410(c) of the Local Government Code—no more than 60 days—so follow up promptly.

Parties ordinarily appear personally in Katarungang Pambarangay proceedings without lawyers or representatives, subject to the statutory rule for minors and incompetent persons.

Step 4: Prepare the complaint-affidavit

The complaint-affidavit should be a truthful, first-person, chronological account. It should identify:

The complainant and respondent, including their addresses if known
The date, time, and place of the incident
The acts committed by the respondent
The weapon or means used, if any
The injuries and medical treatment
Statements or conduct showing intent or motive, when relevant
The witnesses and what each one personally observed
The evidence attached
Any required barangay proceedings and certificate
The relief sought

Separate what you personally saw or heard from information learned from someone else. Do not exaggerate the injuries or claim that a recording or witness exists when it does not.

Attach properly identified copies of:

The medical certificate and relevant medical records
Police documents
Photographs and videos
Witness affidavits
CCTV footage or preservation correspondence
Electronic communications
Receipts and proof of lost income
The Certificate to File Action, when required
A government-issued identification document and other items required by the receiving office

The affidavit must be sworn before an authorized officer. Under Rule 112, the affidavits must be subscribed and sworn to before a prosecutor or another government official authorized to administer oaths or, when they are unavailable, before a notary public. The administering officer must be satisfied that the affiant voluntarily executed and understood the affidavit.

Bring the number of copies required by the prosecutor’s office. Rule 112 requires copies for each respondent plus official-file copies, while local filing checklists may require additional sets. Confirm the current checklist before filing.

Step 5: File in the proper place

A criminal action is generally instituted and tried where the offense was committed or where any essential ingredient occurred. Filing merely where the victim now lives may be improper unless that place also has legal venue under the applicable rule or special law.

For an offense requiring preliminary investigation, file the complaint with the proper prosecutor authorized to conduct that investigation. A preliminary investigation is required when the prescribed penalty is at least four years, two months, and one day, without regard to the fine.

For offenses below that threshold, Rule 110 allows filing the complaint with the prosecutor or, where procedurally appropriate, directly with the proper first-level court. In practice, filing through the City or Provincial Prosecutor’s Office often allows the prosecutor to evaluate the evidence and select the proper charge. The applicable summary-procedure rules and local filing arrangements should still be confirmed.

Obtain a receiving copy bearing the date, office stamp, and docket or reference number. Record the prosecutor assigned to the case and keep all notices.

What happens after filing?

The prosecutor reviews the complaint and evidence. Depending on the governing procedure, the prosecutor may:

Dismiss the complaint for insufficient basis;
Require clarification or additional evidence;
Issue a subpoena directing the respondent to submit a counter-affidavit;
Resolve the case on the affidavits and documents; or
Find sufficient basis to file an information in court.

A preliminary investigation is not a trial and does not decide guilt beyond reasonable doubt. Its purpose is to determine whether the evidence justifies placing the respondent on trial under the applicable prosecutorial standard.

The respondent generally has an opportunity to answer the allegations. The complainant may be allowed or directed to submit a reply. Attend scheduled proceedings and comply with written deadlines stated in subpoenas or orders.

Filing a complaint does not automatically cause an immediate arrest. A warrantless arrest is lawful only in the circumstances allowed by Rule 113. Otherwise, arrest ordinarily follows a warrant issued by a judge after an independent finding of probable cause.

Deadlines and prescription

File as soon as reasonably possible. Delay can lead to lost evidence, unavailable witnesses, overwritten CCTV footage, and prescription of the offense.

Under Article 90 of the Revised Penal Code, a light offense may prescribe in two months. Slight physical injuries may be a light offense depending on the applicable provision. More serious offenses have longer prescriptive periods based on their prescribed penalties.

Article 91 governs when prescription begins and how it is interrupted. Filing a complaint with the prosecutor can interrupt the prescriptive period, but the effect of a particular filing depends on the governing law and procedure. Barangay filing has the separate 60-day limitation under Section 410(c) of the Local Government Code.

Because classification may change after medical evaluation, never assume that a long filing period applies. Seek legal advice immediately if several weeks have already passed.

Damages and expenses

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

Waives it;
Reserves the right to file it separately; or
Filed the civil action before the criminal action.

Possible recoverable amounts depend on proof and the court’s findings. Preserve records of:

Hospital and professional fees
Medicines and rehabilitation
Transportation for treatment
Future medically supported treatment
Lost wages or business income
Damaged personal property
Other expenses directly connected with the incident

Do not sign a waiver, quitclaim, settlement, affidavit of desistance, or acknowledgment of full payment without understanding its legal effect. An affidavit of desistance does not invariably require dismissal, because criminal prosecution is brought in the name of the People of the Philippines, but it may significantly affect the evidence and proceedings.

Special protection for violence against women and children

If the victim is a woman and the offender is or was her husband, former husband, dating or sexual partner, or a person with whom she has a common child, Republic Act No. 9262 may apply. The victim may seek both criminal remedies and protection orders.

A Barangay Protection Order may direct the respondent to stop causing or threatening physical harm and is effective for 15 days. Court-issued temporary and permanent protection orders can provide broader relief. Barangay officials may not pressure a victim into reconciling or abandoning remedies prohibited from mediation or conciliation under the law.

If a child is the victim, immediately involve the police Women and Children Protection Desk, the local social welfare office, or another competent child-protection authority. The facts may fall under special child-protection laws rather than—or in addition to—the Revised Penal Code.

Common mistakes to avoid

Treating a police blotter as the completed criminal complaint
Waiting for all bruising to disappear before seeking an examination
Failing to obtain or preserve CCTV footage promptly
Filing in the wrong city, municipality, or barangay
Skipping mandatory barangay conciliation
Assuming barangay conciliation is always required
Missing prescription because the injury seemed “minor”
Submitting screenshots without preserving the original messages or device
Posting detailed accusations online while the case is pending
Contacting or threatening the respondent
Signing documents that were not read or understood
Omitting unfavorable facts that will likely appear in other evidence
Paying an unofficial “filing fee” without an official receipt

When legal help is urgent

Consult a lawyer or the Public Attorney’s Office promptly when:

The incident happened nearly two months ago
The injuries may be permanent or life-threatening
A weapon was used or there was apparent intent to kill
The victim is a child, older person, person with disability, or domestic-violence survivor
The respondent is a police officer, public official, employer, or person exercising control over the victim
The victim is being threatened, stalked, bribed, or pressured to withdraw
Both sides suffered injuries and each accuses the other
The incident arose from an alleged robbery, hazing, sexual assault, or traffic collision
The police or barangay refuses to receive or record the report
A subpoena, dismissal resolution, or court notice has already been received
A settlement or affidavit of desistance is being proposed

The Public Attorney’s Office provides legal assistance to qualified applicants, subject to its applicable indigency and merit requirements. A private lawyer may also help determine the correct offense, venue, preservation strategy, and civil claims.

Frequently asked questions

Can I file even without a medical certificate?

You may report the incident and preserve your rights, but medical evidence is often crucial to proving the injury and its classification. Obtain an examination as soon as possible. Other evidence may prove an assault, but photographs alone may not establish the nature, duration, or medical consequences of the injuries.

Is a witness required?

Not necessarily. A credible victim’s testimony can be evidence, but independent witnesses, CCTV, medical findings, messages, and other corroboration can substantially strengthen the case.

Can I file if I do not know the assailant’s full name?

Yes. Give the police all identifying information you have, including photographs, aliases, social-media accounts, physical description, vehicle details, workplace, or address. The person must eventually be identified sufficiently for investigation and prosecution.

Do I have to go to the barangay first?

Only if the dispute falls within the lupon’s authority and no exception applies. The answer depends on the parties’ actual residences, the possible charge and maximum penalty, and special circumstances. When prescription is close or safety is at risk, obtain legal advice immediately rather than waiting informally.

Can the complaint be settled?

Some disputes may be settled through legally permitted procedures, but not every offense or special-law case is subject to barangay conciliation. A settlement may also affect civil claims without necessarily controlling the State’s criminal prosecution. Get advice before signing.

Who decides whether the injury is slight, less serious, or serious?

The prosecutor evaluates the initial charge based on the complaint, medical evidence, and surrounding facts. If a case is filed, the court ultimately determines criminal liability and the offense proved.

What if the attacker claims self-defense?

That claim does not prevent filing. Preserve evidence showing who initiated the unlawful aggression, how the incident developed, whether escape or retreat was possible, the relative force used, and what happened after the confrontation. The authorities and, ultimately, the court assess the evidence.

Can I claim medical expenses and lost income?

Yes, if legally recoverable and adequately proved. Keep original receipts, medical records, employment certifications, payslips, tax or business records, and other reliable proof of loss.

Official and primary sources

This article provides general legal information, not advice for a particular case. The proper charge, filing route, venue, deadlines, and available remedies depend on the facts, medical findings, parties’ residences, and applicable special laws. Consult a Philippine lawyer or qualified public legal-assistance office for case-specific advice. Sources and procedures checked as of September 1, 2026.