Assault and Battery Laws and Reporting in the Philippines

In the Philippine legal system, there are no specific crimes labeled “assault” or “battery” as they exist in common law jurisdictions. The equivalent acts are prosecuted under the Revised Penal Code (RPC) provisions on physical injuries, threats, coercion, and other light threats, supplemented by special laws such as Republic Act No. 9262 (Anti-VAWC Act of 2004), Republic Act No. 7610 (Special Protection of Children Against Abuse), Republic Act No. 9745 (Anti-Torture Act of 2009), and related statutes.

I. Revised Penal Code Provisions

1. Physical Injuries (Articles 262–266, RPC)

The classification depends primarily on the duration of incapacity for work or the need for medical attendance, and the presence of qualifying circumstances.

A. Slight Physical Injuries (Art. 266)

  • Incapacity or medical attendance required for 1 to 9 days — Penalty: arresto menor (1 to 30 days) or fine not exceeding ₱40,000 (as adjusted by RA 10951).
  • Maltreatment/ill-treatment without causing injury (e.g., slapping that causes only pain or slight redness, no medical treatment needed) — Penalty: arresto menor in its minimum period or fine.
  • This is the most common charge for minor assaults (pushing, slapping, punching without serious damage).

B. Less Serious Physical Injuries (Art. 265)

  • Incapacity or medical attendance required for 10 to 30 days — Penalty: arresto mayor in its full extent (1 month and 1 day to 6 months).

C. Serious Physical Injuries (Art. 263)

Punished by prision correccional in its medium and maximum periods up to reclusion temporal (up to 20 years), depending on the result:

  1. Victim becomes insane, imbecile, impotent, or blind in both eyes — reclusion temporal.
  2. Victim loses an eye, a hand, foot, arm, leg, use thereof, or becomes incapacitated for habitual work — prision mayor.
  3. Victim loses hearing in both ears, speech, sense of smell/taste, or a major body part — prision correccional medium and maximum.
  4. Victim is incapacitated for work or requires medical attendance for more than 30 days, or becomes deformed or loses a minor body part — prision correccional minimum and medium.

D. Mutilation (Arts. 262–264)

  • Intentional castration or mayhem (removal of organs) — reclusion perpetua to death (though death penalty is abolished).
  • Administering injurious substances causing serious harm — same penalties as serious physical injuries.

2. Threats and Coercion

A. Grave Threats (Art. 282)

Threat to kill, inflict serious physical injuries, or cause grave harm, whether conditional or unconditional.

  • With condition imposed — prision correccional minimum and medium + fine.
  • Without condition or threat to kill — prision mayor.

B. Light Threats (Art. 283)

Threat to commit a wrong not constituting a crime, or a crime punishable by arresto menor/fine (e.g., “I’ll slap you again”).

  • Penalty: arresto menor or fine.

C. Other Light Threats (Art. 285)

Blackmail or extortionate threats not falling under grave or light threats.

  • Penalty: arresto menor maximum to arresto mayor minimum.

D. Grave Coercions (Art. 286)

Preventing a person from doing something not prohibited by law or compelling him to do something against his will, by means of violence.

  • Penalty: prision correccional minimum + fine.

E. Light Coercions / Unjust Vexation (Art. 287)

Includes minor coercive acts, annoying or vexing acts without violence (e.g., repeated harassing slaps, pushing without injury).

  • Penalty: arresto menor or fine not exceeding ₱40,000.

3. Attempted or Frustrated Homicide/Murder/Parricide

If the assault shows clear intent to kill (use of deadly weapon in vital part, even if no injury results), it is charged as attempted/frustrated homicide or murder (Arts. 6, 248–249, RPC).

II. Special Laws

1. Republic Act No. 9262 – Anti-Violence Against Women and Their Children Act (2004)

  • Covers dating, marital, or live-in relationships.
  • Physical violence is defined as acts that result or are likely to result in physical harm (includes battery).
  • Criminal liability: Acts are punished under the corresponding RPC provisions (slight, less serious, serious physical injuries, threats, coercion), but the relationship aggravates the penalty by one degree in many cases, and the case is filed as “Violation of RA 9262.”
  • Psychological violence (repeated verbal abuse, intimidation) and economic abuse are also punishable.
  • Protection orders: Barangay Protection Order (BPO, 15 days), Temporary Protection Order (TPO, 30 days), Permanent Protection Order (PPO).
  • Public crime; cannot be settled or compromised for the criminal aspect.

2. Republic Act No. 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act

  • Child abuse includes physical violence committed against a child.
  • Penalty: One degree higher than the RPC penalty for the corresponding physical injury or threat.
  • Even slight physical injuries against a child by a parent or guardian is charged under RA 7610 with higher penalty.

3. Republic Act No. 9745 – Anti-Torture Act of 2009

  • When assault or battery is committed by public officers or with their acquiescence, and involves severe pain or suffering for punishment, intimidation, discrimination, or coercion — charged as torture.
  • Penalty: reclusion perpetua.

4. Republic Act No. 8353 (Anti-Rape Law of 1997) and RA 11648 (2022 amendment)

  • Sexual assault (insertion of object or body part other than penis) is rape, punished by reclusion perpetua or higher.

III. Prescription Periods (Art. 90–91, RPC; Act No. 3326)

Crime Penalty Class Prescription Period
Slight physical injuries / unjust vexation / light threats Light felony 2 months
Less serious physical injuries Arresto mayor 5 years
Serious physical injuries Prision correccional + 10–20 years
Grave threats / coercion Prision correccional + 10–15 years
VAWC cases Same as underlying crime, but relationship aggravates Same as underlying

Many minor assault cases become unpursueable if not reported within 2 months.

IV. Reporting and Procedural Requirements

1. Cases Covered by Katarungang Pambarangay (RA 7160, Local Government Code)

All cases punishable by imprisonment of not more than 1 year or fine not exceeding ₱5,000 (slight physical injuries, unjust vexation, light threats, slander by deed) must first undergo barangay conciliation if parties reside in the same city/municipality.

  • No Certificate to File Action from the Barangay Lupon = court will dismiss the case.
  • VAWC cases are exempt from barangay conciliation.

2. Direct Filing (for penalties exceeding 1 year imprisonment)

  • Report to nearest police station → blotter → investigation → complaint-affidavit → submitted to Prosecutor.
  • Prosecutor conducts preliminary investigation → if probable cause found → Information filed in court.
  • For VAWC, child abuse, torture: special rules apply (mandatory medico-legal, in-camera proceedings, child-sensitive handling).

3. Emergency Reporting Channels

  • Police: 911 or nearest Women and Children Protection Desk (WCPD).
  • DSWD hotline: 1343 (for VAWC and child abuse).
  • PNP Women and Children Protection Center: (02) 8723-0401 loc. 4550–53.

4. Protection Orders under RA 9262

  • Barangay Protection Order: issued within 24 hours, valid 15 days.
  • Court TPO/PPO: filed directly with RTC Family Court even without criminal case.

V. Civil Liability

The offender is always civilly liable (Art. 100, RPC):

  • Actual damages (medical expenses, lost income).
  • Moral damages (physical suffering, besmirched reputation, wounded feelings — commonly ₱20,000–₱100,000 for slight/less serious cases).
  • Exemplary damages (especially in VAWC cases). Civil action is deemed instituted with the criminal case unless expressly waived or reserved.

VI. Defenses Commonly Raised

  • Self-defense or defense of relative/stranger (Art. 11, RPC).
  • Battered Woman Syndrome (RA 9262, Sec. 26) — complete justifying circumstance.
  • Accident (Art. 12, RPC).
  • Parental disciplinary authority (limited; excessive force is still abuse).

Conclusion

Assault and battery in the Philippines are comprehensively covered by the Revised Penal Code and special protective laws, with particular emphasis on protecting women, children, and victims of domestic violence. Minor assaults are often resolved or barred at the barangay level or by short prescription periods, while serious or relationship-based violence triggers heavier penalties and stronger victim protection mechanisms. Victims are strongly encouraged to report immediately to preserve both criminal and civil remedies.

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