I. Introduction

Family violence against adults remains a persistent yet often underreported problem in the Philippines. While public discourse frequently centers on violence against women and children, the law also recognizes and penalizes violent acts committed against adult family members regardless of gender. Understanding how assault is classified in family violence cases is crucial because criminal liability, penalties, remedies, and procedures depend on the legal characterization of the act.

In Philippine law, “assault” is not a single, standalone offense. Instead, violent acts within the family are classified under several interrelated legal frameworks, primarily the Revised Penal Code (RPC) and Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004), supplemented by jurisprudence, special laws, and procedural rules.

This article provides a comprehensive discussion of assault classification in family violence against adults within the Philippine legal system.

II. Legal Framework Governing Family Violence Against Adults

A. Revised Penal Code (RPC)

The RPC governs general crimes of violence, including:

Physical Injuries
Threats
Coercion
Maltreatment
Acts of lasciviousness
Homicide and murder (in extreme cases)

These provisions apply regardless of the relationship between offender and victim, but family relationships may affect:

Penalty
Aggravating or mitigating circumstances
Civil liability

B. Republic Act No. 9262 (VAWC Law)

RA 9262 specifically addresses violence committed against women and their children by:

A spouse or former spouse
A person with whom the woman has or had a dating or sexual relationship
A person with whom the woman has a common child

For adult victims, RA 9262 applies only when the victim is a woman, not when the victim is an adult male.

C. Other Relevant Laws

RA 9710 (Magna Carta of Women) – policy framework reinforcing protection against violence
Family Code of the Philippines – relevant in marital and parental obligations
Rules on Violence Against Women and Their Children (A.M. No. 04-10-11-SC) – procedural guidance

III. Concept of Assault in Philippine Criminal Law

Unlike some jurisdictions, Philippine law does not define “assault” as a single offense. Instead, assaultive conduct is prosecuted under specific crimes, depending on:

Nature of the act (physical, psychological, sexual, economic)
Degree of injury
Intent
Relationship between parties
Resulting harm

In family violence cases, assault generally falls under:

Physical Injuries (RPC)
Violence under RA 9262
Grave threats or coercion
Sexual offenses (if applicable)

IV. Classification of Assault in Family Violence Against Adults

A. Physical Assault (Physical Violence)

1. Under the Revised Penal Code

Physical assault against an adult family member is usually classified as Physical Injuries, subdivided as follows:

a. Serious Physical Injuries (Art. 263, RPC)

Injuries that:

Incapacitate the victim for labor for more than 30 days
Cause permanent disability, deformity, or loss of bodily function
Result in insanity, blindness, or loss of speech

b. Less Serious Physical Injuries (Art. 265, RPC)

Incapacity for labor or medical attendance for 10 to 30 days

c. Slight Physical Injuries (Art. 266, RPC)

Incapacity for labor for 1 to 9 days
Physical maltreatment without incapacity

Family relationship does not exempt liability, but may influence penalty and civil damages.

2. Under RA 9262 (For Adult Female Victims)

Physical assault constitutes physical violence, defined as:

Acts that cause bodily or physical harm.

This includes:

Hitting
Slapping
Kicking
Punching
Throwing objects
Use of weapons

Even a single act may constitute a violation of RA 9262.

B. Psychological Assault (Psychological Violence)

Psychological assault is one of the most significant developments in Philippine family violence law.

1. Under RA 9262

Psychological violence includes:

Intimidation
Harassment
Stalking
Public humiliation
Repeated verbal abuse
Emotional manipulation
Infidelity causing mental or emotional anguish

No physical injury is required. What matters is mental or emotional suffering, which must be proven through:

Testimony
Behavioral changes
Medical or psychological evaluation (helpful but not mandatory)

Psychological violence cannot be prosecuted under the RPC alone; it exists primarily under RA 9262.

2. Adult Male Victims

Psychological abuse against adult male family members is generally addressed under:

Grave Threats (Art. 282, RPC)
Light Threats (Art. 283, RPC)
Unjust Vexation (Art. 287, RPC)
Coercion (Art. 286, RPC)

C. Sexual Assault within the Family

Sexual assault against adults within a family relationship may be classified as:

1. Rape (RPC, as amended)

Sexual intercourse through force, threat, or intimidation
Applies even between spouses (marital rape is recognized)

2. Acts of Lasciviousness

Lewd acts short of sexual intercourse
Must be committed with force, intimidation, or abuse of authority

3. Sexual Violence under RA 9262

For adult women, sexual assault by an intimate partner may also constitute sexual violence under RA 9262, allowing for both criminal prosecution and protection orders.

D. Economic Assault (Economic Abuse)

Economic abuse is not recognized under the RPC as assault, but is expressly penalized under RA 9262.

Examples:

Withholding financial support
Controlling access to money
Destroying property to cause financial harm
Preventing employment or livelihood

This form of assault recognizes that violence can exist without physical contact.

E. Threats and Coercive Assault

Threat-based assault within the family includes:

Grave Threats – threats to kill or cause serious harm
Light Threats – threats of lesser harm
Coercion – forcing a family member to do or not do something against their will

Threats may be:

Independent offenses under the RPC
Elements of psychological violence under RA 9262

V. Role of Family Relationship in Assault Classification

A. Not a Defense

Family relationship does not excuse criminal liability. Violence within the family is not treated as a private matter.

B. Aggravating or Qualifying Circumstance

In some cases, abuse of confidence, moral ascendancy, or relationship may:

Increase penalties
Justify protection orders
Affect credibility assessments

C. Jurisprudential Recognition

Courts consistently emphasize that violence within intimate relationships is more reprehensible due to betrayal of trust and abuse of power.

VI. Remedies and Legal Consequences

A. Criminal Liability

Imprisonment and fines depending on classification
Separate liability under RPC and RA 9262 may exist, subject to double jeopardy rules

B. Civil Liability

Moral damages
Actual damages
Exemplary damages
Support and restitution

C. Protection Orders (RA 9262)

Barangay Protection Orders (BPO)
Temporary Protection Orders (TPO)
Permanent Protection Orders (PPO)

These may be issued even before criminal conviction.

VII. Evidentiary Considerations

A. Physical Assault

Medical certificates
Photographs
Witness testimony

B. Psychological Assault

Victim’s testimony
Pattern of behavior
Corroborative circumstances

C. Standard of Proof

Criminal cases: proof beyond reasonable doubt
Protection orders: substantial evidence

VIII. Common Misconceptions

“It’s a family matter.” – False. Family violence is a public offense.
“Physical injury is required.” – False. Psychological and economic violence are punishable.
“Only wives are protected.” – Partly false. Adult males are protected under the RPC, while adult women have expanded protection under RA 9262.

IX. Conclusion

Assault in family violence against adults under Philippine law is a multifaceted legal concept, encompassing physical, psychological, sexual, economic, and coercive acts. Classification depends not merely on the act itself, but on the degree of harm, intent, relationship, and statutory framework applied.

The evolution of Philippine jurisprudence, particularly through RA 9262, reflects a growing recognition that violence within the family is complex, deeply harmful, and deserving of strong legal intervention. Understanding assault classification is essential for effective prosecution, protection of victims, and the broader pursuit of justice within the family setting.