How to File a Complaint for Physical Injuries

Quick answer

To file a criminal complaint for physical injuries in the Philippines:

  1. Get medical treatment and a medical or medico-legal certificate as soon as possible.
  2. Report the incident to the police and preserve photographs, video, messages, witness details, receipts, and other evidence.
  3. Determine whether Katarungang Pambarangay conciliation is legally required. If it is, obtain the proper Certificate to File Action before going to the prosecutor.
  4. Prepare a sworn complaint-affidavit describing exactly what happened and attach all available evidence.
  5. File it with the Office of the City or Provincial Prosecutor covering the place where the assault occurred or where an essential part of the offense happened.
  6. Keep the docket number and stamped receiving copy, attend every scheduled proceeding, and respond immediately to any notice or resolution.

A police blotter entry is useful evidence, but it is not the same as filing the criminal complaint. Do not wait for every injury to heal before acting, especially because slight physical injuries can prescribe in only two months.

If violence is continuing, the attacker has threatened to return, a weapon was used, or the victim has difficulty breathing, loss of consciousness, heavy bleeding, suspected head or spinal injury, or other serious symptoms, call 911 or go immediately to the nearest police station or emergency department. The government’s Unified 911 connects callers to police, medical, fire, and other emergency services.

What offense should be stated in the complaint?

You do not have to make the final legal classification yourself. State the facts accurately and let the prosecutor determine the proper charge. The classification depends mainly on the injury that actually resulted, not simply on how many times the victim was hit or how painful the attack felt.

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

Possible classification General basis
Slight physical injuries Incapacity for work or need for medical attendance lasting 1–9 days; an injury that causes neither incapacity for habitual work nor a need for medical assistance; or physical maltreatment that causes no injury
Less serious physical injuries Incapacity for work or need for medical assistance lasting at least 10 days, unless the result falls under serious physical injuries
Serious physical injuries Illness or incapacity for labor exceeding 30 days; incapacity for habitual work exceeding 90 days; deformity; loss or loss of use of a body part; blindness; insanity; impotence; or another grave result specified by Article 263

The current provisions on less serious and slight physical injuries—including the increased statutory fines—appear in Republic Act No. 10951. The categories of serious physical injuries remain in Article 263 of the Revised Penal Code.

Physical injuries are “resulting crimes”: the extent and consequences of the injury help determine the offense. A doctor’s findings, actual treatment, inability to perform habitual work, prognosis, and any permanent effect therefore matter. The Supreme Court has also cautioned that a fractured tooth, for example, is not automatically a permanent deformity when the evidence does not establish a visible, lasting disfigurement or the relevant period of incapacity. See Ruego v. People, G.R. No. 226745, May 3, 2021.

The proper charge may instead be attempted or frustrated homicide or murder if the evidence shows intent to kill. Injuries caused without criminal intent may fall under reckless imprudence. Violence against an intimate partner, a child, a person in authority, or a detainee may be governed by a special law or a different or qualified offense. Describe the weapon, target area of the body, words spoken, manner of attack, relationship of the parties, and surrounding circumstances rather than trying to force the incident into a particular label.

Step 1: Get treatment and document the injuries

Go to a hospital, clinic, government medico-legal facility, or qualified physician promptly. Treatment comes before evidence collection.

Tell the healthcare provider truthfully:

  • When, where, and how the injury occurred
  • What object or weapon was used
  • Which parts of the body were struck
  • Whether there was loss of consciousness, vomiting, dizziness, memory loss, breathing difficulty, numbness, or weakness
  • What work or ordinary activities the injury prevents
  • Whether symptoms have worsened since the incident

Ask for copies of the medical certificate, clinical abstract, emergency-room record, prescriptions, diagnostic results, X-rays or scans, dental records, and discharge instructions. Return for follow-up care when directed. A later diagnosis or continuing incapacity may affect the legal classification.

Photograph injuries as soon as it is safe and again over the following days because bruising and swelling can change. Use good lighting, take both close and wider views, and preserve the original image files. Do not edit, filter, annotate, or overwrite the originals.

A medical certificate is strong evidence, but it does not by itself prove who caused the injury or whether the accused acted unlawfully. Conversely, a victim may still report and file even when a medical certificate is not yet available, although the absence of medical evidence can make the nature and extent of the injury harder to establish.

Step 2: Report the incident to the police

Report to the police station with jurisdiction over the place of the incident. Give a clear, chronological account and ask that the report be recorded in the police blotter. If appropriate, request referral for a medico-legal examination.

Bring or provide:

  • A valid ID, if available
  • The attacker’s name, address, description, employer, vehicle information, or other identifiers
  • The exact or approximate date, time, and location
  • Names and contact details of witnesses
  • Photographs, video, messages, or recordings
  • Medical records already obtained
  • A description of any weapon
  • Information about nearby CCTV cameras

Read any written statement before signing it. Correct inaccurate dates, names, locations, quotations, or descriptions. Obtain the blotter entry number and, when available, a copy or certification of the police record.

A police blotter is not conclusive proof and does not replace a sworn complaint-affidavit. It mainly records that a report was made and may support the timeline and consistency of the victim’s account.

If the suspect was lawfully arrested without a warrant while committing the offense, immediately afterward under circumstances allowed by law, or in another valid warrantless-arrest situation, the police may refer the matter for inquest. An inquest is different from an ordinary complaint filed after the incident. Cooperate with the police and inquest prosecutor, but do not attempt a citizen’s arrest based merely on suspicion or a delayed accusation.

Step 3: Check whether barangay conciliation is required

Barangay conciliation is not required in every physical-injuries case.

Under Sections 408–412 of the Local Government Code, it may be a precondition when the dispute is within the lupon’s authority—commonly where the parties actually reside in the same city or municipality and the offense is not excluded by law.

The lupon has no authority when, among other exceptions:

  • The prescribed imprisonment exceeds one year
  • The prescribed fine exceeds ₱5,000
  • One party is the government
  • The respondent is a public officer or employee and the dispute concerns official duties
  • There is no private offended party
  • The parties reside in different cities or municipalities, unless their barangays adjoin and they agree to conciliation
  • The accused is detained
  • Immediate court action is needed with a provisional remedy
  • Delay would cause the case to prescribe

Because Republic Act No. 10951 raised some fines for physical-injuries offenses above ₱5,000, it is unsafe to assume that every slight or less serious physical-injuries case must go through the barangay. The exact statutory paragraph and alleged circumstances matter. Ask the prosecutor’s receiving section or a lawyer to confirm when uncertain.

When conciliation applies:

  1. File an oral or written complaint with the Punong Barangay of the proper barangay.
  2. Attend mediation and, if necessary, proceedings before the Pangkat ng Tagapagkasundo.
  3. If no settlement is reached, obtain the correctly issued and attested Certificate to File Action.
  4. Attach that certificate to the prosecutor’s complaint.

For parties residing in different barangays within the same city or municipality, the usual venue is the barangay where the respondent resides. A dispute arising at a workplace where both parties work, or at a school where both are enrolled, is generally brought in the barangay where that workplace or institution is located.

Parties normally appear personally in Katarungang Pambarangay proceedings without lawyers or representatives, except for the statutory assistance allowed for minors and incompetent persons. Be cautious before signing a settlement: a barangay settlement can acquire the force and effect of a final court judgment after the statutory period.

Filing at the barangay interrupts prescription only while the dispute is under mediation, conciliation, or arbitration, and the interruption cannot exceed 60 days. Obtain the certificate promptly and proceed with formal filing.

Step 4: Prepare the complaint-affidavit

A criminal complaint is a sworn written statement charging a person with an offense. Under Rule 110 of the Rules of Criminal Procedure, it should identify the respondent, the offended party, the acts complained of, the approximate date, and the place of commission.

Write in plain, chronological language. Include:

  1. Your identifying information. State your name, age, citizenship, address, and contact details.
  2. The respondent’s information. Give the full name and address if known. If the name is unknown, provide the most specific description and identifiers available.
  3. The relationship between the parties. State whether the respondent is a stranger, neighbor, co-worker, relative, spouse, former partner, dating partner, parent of a common child, teacher, employer, police officer, or another person with a legally relevant relationship.
  4. The incident. State when and where it happened and what the respondent did, in sequence.
  5. The means used. Identify punches, kicks, choking, pushing, weapons, objects, vehicles, chemicals, or other means.
  6. Words and surrounding circumstances. Include threats or statements that may show motive or intent, using the exact language where remembered.
  7. Each participant’s act. If several people were involved, describe what each one did. Do not simply say they “helped.”
  8. The injuries and treatment. Identify the diagnosis, treatment dates, period of medical attendance, and actual effect on habitual work or activities.
  9. Identification. Explain how you know the respondent was the attacker, especially if visibility, masks, distance, or mistaken identity could be an issue.
  10. Witnesses and supporting evidence. Identify each attachment and what it tends to prove.
  11. Prior or later events. Include relevant threats, flight, admissions, attempts to destroy evidence, or continuing harassment, but avoid unrelated accusations.
  12. Request for action. Ask that the respondent be investigated and prosecuted for the offense established by the evidence.

State only facts you can honestly swear to. If a fact came from someone else, identify the source rather than presenting it as something you personally saw. Do not exaggerate the number of blows, length of incapacity, value of expenses, or content of a threat.

The affidavit must be signed under oath before a prosecutor, another government officer authorized to administer oaths, or, when appropriate, a notary public. Do not sign it beforehand unless the receiving office instructs you to do so.

Step 5: Organize the attachments

Arrange the evidence in a logical order and label each attachment. Useful supporting documents include:

  • Medical or medico-legal certificate
  • Emergency-room and hospital records
  • Dental records, X-rays, scans, laboratory results, and prescriptions
  • Photographs showing the injuries over time
  • Original or properly preserved CCTV, phone, or dashcam footage
  • Witness affidavits
  • Police blotter certification and investigation reports
  • Barangay Certificate to File Action, if required
  • Messages, emails, social-media posts, voice messages, and call records
  • A sketch or map of the location when visibility or position matters
  • Damaged or bloodstained clothing, preserved without unnecessary handling
  • Receipts for treatment, medicine, transport, repair, or caregiving
  • Payslips, employer certification, attendance records, or other proof of lost income
  • Documents showing the relevant relationship, if a special law may apply

Preserve electronic evidence in its original form. Keep the device when possible, retain full conversations rather than selected screenshots, record the account or phone number involved, and make secure backups. Do not crop out dates, usernames, or surrounding context.

Ask businesses, subdivisions, schools, employers, or local governments to preserve CCTV promptly. Many systems overwrite recordings automatically. Record when the request was made and who received it.

Keep the original documents unless an authorized office formally receives them. Submit clear copies and maintain an identical personal file containing the complaint, every attachment, receiving stamp, docket number, notice, and resolution.

Step 6: File with the proper prosecutor’s office

The practical filing route is the Office of the City Prosecutor for an offense committed within a city, or the Office of the Provincial Prosecutor with territorial jurisdiction over the municipality where the offense occurred. Criminal venue generally lies where the offense or an essential ingredient occurred.

At filing:

  • Complete the National Prosecution Service investigation data form
  • Submit the sworn complaint-affidavit and attachments
  • Submit the required number of copies
  • Present the Certificate to File Action if barangay conciliation was mandatory
  • Pay only officially assessed fees, if any, and obtain an official receipt
  • Obtain a stamped receiving copy and docket or NPS number

The DOJ’s published filing checklist should be checked before visiting. Copy requirements and accepted filing arrangements can differ by office and by the number of respondents. Confirm current office hours, fees, and whether that prosecution office accepts electronic filing. Do not assume that sending documents to an unofficial email address completes filing; obtain an acknowledgment and docket number.

Current DOJ procedures use three investigation tracks, depending mainly on the prescribed penalty:

  • Summary investigation: generally for offenses punishable by one day to one year, a fine, or both. It is ordinarily resolved ex parte from the complainant’s complete records.
  • Expedited preliminary investigation: generally for first-level-court offenses punishable by one year and one day up to six years.
  • Regular preliminary investigation: generally for offenses punishable by at least six years and one day.

These tracks are governed by DOJ Department Circular No. 028, series of 2024 and DOJ Department Circular No. 015, series of 2024. The prosecutor evaluates whether the evidence establishes a prima facie case with reasonable certainty of conviction. This makes complete, admissible, credible, and preservable evidence especially important.

What happens after filing?

The prosecutor may:

  • Resolve a summary-investigation case from the submitted records
  • Require case build-up or additional evidence
  • Issue a subpoena directing the respondent to submit a counter-affidavit
  • Conduct a clarificatory hearing
  • Dismiss the complaint if the evidence is insufficient
  • Find sufficient basis and file an information in the proper court

A clarificatory hearing is not yet a criminal trial. The prosecutor is deciding whether charges should be filed in court, not finally determining guilt.

Watch all mail, email, text messages, and notices using the contact information supplied in the complaint. Inform the prosecution office in writing if your address, phone number, or email changes.

When a resolution is received, note the date and time of receipt. Remedies are short and depend on the investigation track:

  • No motion for reconsideration is ordinarily entertained in a summary-investigation case.
  • In an expedited preliminary investigation, a motion for reconsideration may be filed within 10 calendar days from receipt.
  • In a regular preliminary investigation under Department Circular No. 015, the period is 15 days from receipt.

Seek legal help immediately after an adverse resolution. A petition for review has separate requirements, and filing one does not automatically suspend court proceedings once an information has been filed.

If the prosecutor files an information, the court independently evaluates whether judicial probable cause exists and then issues the appropriate process. Continue coordinating with the assigned prosecutor and attend arraignment, pre-trial, trial, and other settings when required.

Filing deadlines and prescription

Do not delay filing merely because the parties are discussing payment, apology, or settlement.

Under Articles 90 and 91 of the Revised Penal Code:

  • Light offenses, including ordinary slight physical injuries and maltreatment, generally prescribe in two months.
  • An offense punishable by arresto mayor, such as ordinary less serious physical injuries, generally prescribes in five years.
  • Serious or qualified forms may prescribe in 10, 15, or 20 years, depending on the highest prescribed penalty and the circumstances.

The period generally begins when the offense is discovered by the offended party, the authorities, or their agents. Classification can change after medical findings, and special laws may impose different periods, so do not calculate the deadline from the name initially written in the police blotter.

The Supreme Court has held prospectively that filing the complaint with the prosecution office, including for summary investigation, interrupts prescription. See People v. Lee, G.R. No. 258563, April 2, 2025. A medical examination, demand letter, private message, or police blotter alone should not be relied upon to stop the period.

If barangay conciliation is mandatory, its interruption of prescription is limited to 60 days. If the deadline is close, obtain urgent legal assistance because the Local Government Code allows direct action where the case may otherwise be barred by prescription.

Special situations that may change the complaint

Violence against women and their children

If physical harm was committed against a woman by her husband, former husband, current or former dating or sexual partner, or a person with whom she has a common child—or against her child in circumstances covered by law—the case may fall under Republic Act No. 9262 rather than, or in addition to, an ordinary Revised Penal Code classification.

A victim may seek:

  • A Barangay Protection Order, effective for 15 days
  • A court-issued Temporary Protection Order
  • A Permanent Protection Order
  • Criminal prosecution and damages

A BPO application must be acted upon on the date of filing after an ex parte determination. Ordinary Katarungang Pambarangay compromise procedures do not apply to proceedings seeking relief under Republic Act No. 9262, and an applicant must not be pressured to abandon or compromise protection. See the Anti-Violence Against Women and Their Children Act and the Philippine Commission on Women’s official guidance.

Report to the nearest Women and Children Protection Desk, Barangay VAW Desk, or prosecutor’s office. Protection may be requested even while the criminal case is being prepared.

A child was injured

When the victim is under 18, Republic Act No. 7610, the Juvenile Justice and Welfare Act, child-witness rules, and other protective laws may apply depending on the respondent, purpose, circumstances, and nature of the abuse. Not every injury to a child automatically constitutes child abuse under Republic Act No. 7610; the complete facts must be evaluated.

Contact the Women and Children Protection Desk and the city or municipal social welfare and development office. Avoid repeatedly interviewing the child or coaching answers. Preserve the child’s first spontaneous account and let trained investigators conduct any necessary forensic interview.

The attacker was a police officer or other public official

If violence was connected with detention, interrogation, punishment, coercion, or official functions, the facts may involve the Anti-Torture Act, maltreatment of prisoners, administrative liability, or offenses beyond ordinary physical injuries. Preserve the officer’s name, rank, unit, vehicle, body-camera information, detention records, and names of other officers present. Seek assistance from the Commission on Human Rights, the NBI, the prosecutor, or independent counsel urgently.

The assault involved hazing, robbery, sexual violence, or another principal crime

Physical harm may be an element or consequence of a more serious offense. Tell the prosecutor about initiation rites, demands for property, sexual acts, abduction, confinement, threats, group coordination, or intent to kill. Do not omit facts merely because the police blotter initially used the term “physical injuries.”

Recovering medical expenses and other losses

When a criminal action is instituted, the related civil action for liability arising from the offense is generally deemed included unless the victim waives it, reserves the right to file separately, or filed it earlier. This is governed by Rule 111 of the Rules of Criminal Procedure.

Preserve proof of:

  • Hospital, physician, dental, therapy, laboratory, and medicine expenses
  • Transportation and caregiving costs
  • Lost salary, business income, or employment benefits
  • Damaged clothing, eyewear, phones, or other property
  • Future treatment recommended by a qualified professional

Receipts and reliable proof are important for actual damages. Do not sign a quitclaim, affidavit of desistance, or settlement without understanding whether it covers medical expenses, future treatment, civil claims, and the criminal proceedings. A private payment or apology does not automatically erase the State’s authority to prosecute.

Common mistakes to avoid

  • Treating the police blotter as the completed criminal complaint
  • Waiting for visible bruises to disappear before obtaining photographs or treatment
  • Filing in the wrong city, province, or barangay
  • Skipping mandatory barangay conciliation or assuming it is always required
  • Missing the two-month prescription period for a possible light offense
  • Describing only the injury and not the respondent’s exact acts
  • Omitting facts suggesting intent to kill, a qualifying relationship, or use of a weapon
  • Submitting cropped screenshots without the account name, date, time, or surrounding conversation
  • Failing to request CCTV before it is overwritten
  • Asking witnesses to copy one another’s wording
  • Guessing the number of treatment or incapacity days
  • Discarding receipts, prescriptions, damaged clothing, or original digital files
  • Signing an inaccurate police statement or affidavit without reading it
  • Ignoring subpoenas, prosecutor notices, or short reconsideration periods
  • Confronting or threatening the respondent after filing
  • Posting detailed accusations or confidential evidence publicly while the case is pending

When legal help is urgent

Consult a lawyer, prosecutor’s assistance desk, or the Public Attorney’s Office immediately when:

  • The possible two-month deadline is near
  • The victim may have a permanent disability, deformity, loss of function, or prolonged incapacity
  • A deadly weapon, choking, head injury, or repeated group attack was involved
  • The facts may show intent to kill
  • The respondent is a spouse, former partner, dating partner, parent of a common child, police officer, public official, teacher, employer, or person in authority
  • The victim is a child, elderly person, person with disability, detainee, or otherwise vulnerable
  • The respondent is threatening witnesses or destroying evidence
  • The barangay or police refuses to receive or act on the report
  • A settlement or affidavit of desistance is being demanded
  • The prosecutor dismisses the complaint
  • An information has already been filed in court

Qualified persons may request legal assistance from the Public Attorney’s Office. Bring identification, proof of income or indigency when available, and the complete case file.

Frequently asked questions

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

Yes, a report and investigation may begin using a detailed description, nickname, photograph, vehicle information, workplace, social-media account, or other identifiers. Give investigators everything that can reliably identify the person. Do not accuse a specific person based only on a guess.

Do I need a lawyer to file?

A private lawyer is not legally required to submit a complaint-affidavit, but legal assistance is valuable when the offense is serious, the deadline is close, several laws may apply, or the evidence is disputed. PAO assistance may be available to qualified applicants.

Must the complaint be notarized?

It must be sworn before an official legally authorized to administer the oath. This may be a prosecutor or another authorized government officer, or an appropriate notary public. Follow the receiving prosecution office’s instructions.

Can I file directly in court?

Rule 110 allows direct filing in certain first-level-court cases outside chartered cities, while complaints in Manila and other chartered cities are ordinarily filed with the prosecutor unless their charters provide otherwise. Current DOJ rules also provide summary and expedited investigation routes. Filing with the proper prosecutor’s office is generally the safest practical course unless a lawyer or authorized official directs otherwise.

Is a medical certificate mandatory?

It is not an absolute prerequisite to making a report, but it is often critical to proving the existence, nature, and duration of the injury. Obtain it as soon as possible and preserve the underlying treatment records.

What if the doctor estimated a healing period but I returned to work earlier?

Disclose both facts. The legal classification depends on competent evidence of the actual injury, medical attendance, illness, and incapacity—not on a number selected for litigation. Employment records and the treating professional’s testimony may be relevant.

What if the victim fought back?

Report the entire sequence honestly, including who began the unlawful aggression, whether it was continuing, and how the victim responded. Self-defense and mutual combat are fact-dependent. Hiding unfavorable facts can undermine credibility when CCTV or witnesses later reveal them.

Can the case continue if the parties settle?

Possibly. The criminal action is prosecuted in the name of the People of the Philippines, and a private settlement does not automatically extinguish criminal liability. A valid Katarungang Pambarangay settlement, an affidavit of desistance, and payment of damages can have different legal effects. Obtain advice before signing anything.

Can I claim damages without filing a separate civil case?

Generally, the civil claim arising from the offense is deemed included in the criminal action unless waived, reserved, or previously filed separately. Preserve and submit proof of every claimed loss.

Official legal sources

This article provides general Philippine legal information, not legal advice or a prediction of any case outcome. The correct charge, venue, procedure, defenses, and deadlines depend on the evidence and governing documents. Primary legal and official procedural sources were checked through August 25, 2026.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.