Quick answer
If someone intentionally hurt you, get medical care first, document the injuries, report the incident, and execute a sworn complaint-affidavit describing exactly what happened. File it with the proper City or Provincial Prosecutor’s Office, or—where the Rules permit—with the Municipal Trial Court having territorial jurisdiction over the place of the incident.
Barangay conciliation may have to come first when the parties are natural persons who reside in the same city or municipality and the dispute falls within the Lupon’s authority. It is not required in every physical-injuries case. Serious cases, urgent situations, and violence covered by special laws may proceed directly to the police, prosecutor, or court.
A police blotter records the report but does not, by itself, commence the criminal case. Do not delay: slight physical injuries generally prescribe in only two months, subject to legal rules on interruption and suspension.
Attend to safety and medical needs first
Go to an emergency room, hospital, or clinic promptly, especially if there is bleeding, loss of consciousness, difficulty breathing, suspected fracture, head trauma, or continuing danger. Ask the physician to record all injuries, symptoms, examinations, treatment, and the estimated period of incapacity or medical attendance.
If another attack is possible:
- Move to a safe place.
- Contact the nearest police station.
- Tell the police about weapons, threats, stalking, or attempts to enter your home.
- If the offender is an intimate partner or household-related person covered by the Anti-VAWC law, ask immediately about a protection order.
- If the victim is a child, elderly person, person with disability, or otherwise vulnerable, inform the appropriate police desk or social-welfare office.
Medical treatment should not be postponed merely to obtain a police referral. A later medico-legal examination may be useful, but contemporaneous clinical records often provide important evidence.
What offense may apply?
The proper charge depends on the injuries, the length of medical attendance or incapacity, the manner of attack, the relationship of the parties, and the offender’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, physical injuries are generally classified as follows:
Slight physical injuries or maltreatment
This may apply when:
- The injury incapacitates the victim for work, or requires medical attendance, for one to nine days;
- An injury is caused but does not prevent habitual work and does not require medical assistance; or
- The offender ill-treats another by deed without causing an injury.
Article 266, as amended by Republic Act No. 10951, supplies the applicable penalties.
Less serious physical injuries
This generally covers injuries that incapacitate the victim for work or require medical attendance for ten days or more but do not produce a result punishable as serious physical injuries. Article 265 also provides special treatment when the act is committed with manifest intent to insult, under circumstances adding ignominy, or against specified persons.
Serious physical injuries
Article 263 may apply when the attack causes consequences such as:
- Insanity, imbecility, impotence, or blindness;
- Loss of speech, hearing, smell, an eye, hand, foot, arm, leg, or the use of such a body part;
- Incapacity for the victim’s usual work;
- Deformity or loss of another body part;
- Illness or incapacity lasting within the periods specified by Article 263; or
- Other grave consequences enumerated in that provision.
The number of days written on a medical certificate is important but is not automatically conclusive. Prosecutors and courts consider the actual injury, treatment, incapacity, medical testimony, and other evidence.
A different or additional offense may apply
The facts may support another charge when, for example:
- The attacker intended to kill, even if the victim survived;
- The injury resulted from reckless driving or another negligent act;
- A weapon was unlawfully possessed or used;
- The act occurred during robbery, sexual violence, hazing, torture, kidnapping, or another offense;
- The victim is a child and the statutory elements of child abuse are present; or
- The violence was committed against a woman or her child by a person covered by the Anti-VAWC law.
Do not reduce a potentially life-threatening attack to “physical injuries” merely because the victim survived. Intent to kill is determined from facts such as the weapon used, location and number of wounds, manner of attack, words spoken, and conduct before and after the incident.
Evidence to preserve
Collect evidence lawfully and retain the originals whenever possible:
- Medical certificate, clinical abstract, emergency-room record, prescriptions, laboratory and imaging results;
- Photographs or videos showing each injury over time;
- Torn, bloodstained, or damaged clothing and other physical objects;
- Names, addresses, and contact details of eyewitnesses;
- CCTV, dashcam, doorbell-camera, or mobile-phone recordings;
- Messages, call logs, voice recordings, threats, apologies, or admissions;
- Police blotter entry and incident-report number;
- Barangay records and any Certificate to File Action;
- Receipts for medicines, treatment, transportation, and other expenses;
- Employment records showing absences or lost income; and
- A dated personal account written while events are still fresh.
Preserve electronic files in their original form. Do not crop away timestamps, overwrite the only copy, edit recordings, or post all evidence publicly. Ask establishments or building administrators in writing to preserve CCTV footage immediately because systems may automatically overwrite it.
Witnesses should recount what they personally saw or heard. Coordinated or copied statements can undermine credibility.
Where to start
Report to the police
Report to the police station responsible for the place where the incident happened. Give a truthful, chronological account and identify the attacker if known. If you do not know the person’s complete name, provide every reliable identifying detail.
Ask for the blotter or incident-report reference. The police may assist with medical examination, evidence gathering, referral to the prosecutor, and preparation of sworn statements.
Remember that a blotter entry is only a record of the report. A criminal action is instituted in the manner required by Rule 110 of the Revised Rules of Criminal Procedure.
Determine whether barangay conciliation is required
Under Sections 408–412 of the Local Government Code, prior barangay conciliation generally applies when the parties are individuals who actually reside in the same city or municipality and the dispute is within the Lupon’s authority.
Venue commonly depends on the parties’ residences. If they live in different barangays within the same city or municipality, the proceeding is generally brought in the respondent’s barangay. Special venue rules apply to disputes involving real property, adjoining barangays, and disputes arising at a workplace or school.
Barangay conciliation is generally unavailable or unnecessary when, among other statutory exceptions:
- A party is the government or a government subdivision or instrumentality;
- A public officer or employee is involved and the dispute concerns official functions;
- The offense is punishable by imprisonment exceeding one year or a fine exceeding ₱5,000;
- The offense has no private offended party;
- The parties reside in different cities or municipalities, unless their barangays adjoin and they agree to submit the dispute;
- The case calls for urgent legal action, including circumstances specified in Section 412; or
- A special law prohibits mediation or conciliation.
Because the applicable penalty can depend on the precise form of physical injuries, do not assume that every “minor” injury must pass through the barangay. For example, some forms under the amended Article 266 carry a possible fine above the Local Government Code’s ₱5,000 limit.
Where conciliation is required, present the complaint to the Punong Barangay. If mediation fails, the matter may proceed to the Pangkat ng Tagapagkasundo. Obtain the proper Certificate to File Action before filing with the prosecutor or court. The Supreme Court’s Circular No. 14-93 explains the required barangay-conciliation conditions.
Filing with the Punong Barangay interrupts prescription while the dispute is under mediation, conciliation, or arbitration, but the interruption may not exceed 60 days under Section 410(c). This is not a safe reason to wait until the deadline is near.
File the sworn complaint
For an offense requiring preliminary investigation, file the complaint with the proper prosecutor. Preliminary investigation is required when the prescribed penalty is at least four years, two months, and one day, regardless of the fine.
For offenses not requiring preliminary investigation, Rule 110 permits filing the complaint or information directly with the proper Municipal Trial Court or Municipal Circuit Trial Court, or filing the complaint with the prosecutor. In Manila and other chartered cities, the complaint is filed with the prosecutor unless the city charter provides otherwise. Local filing practices and court organization should be confirmed at the place of filing.
The Department of Justice’s published filing requirements for preliminary investigation include an investigation data form, sufficient copies of the complaint-affidavit or sworn statement, witness affidavits, and supporting documents. The receiving office may require copies for each respondent. Bring government-issued identification and the originals for comparison.
What the complaint-affidavit should contain
Write in numbered, chronological paragraphs using facts you personally know. Include:
- Your full name, address, and contact details;
- The respondent’s full name and address, if known;
- The date, approximate time, and exact place of the incident;
- What happened immediately before the attack;
- The specific acts of each respondent;
- Any weapon used, threats made, or words indicating intent;
- The injuries and symptoms you experienced;
- Where and when you received treatment;
- The names of witnesses and what each personally observed;
- The evidence attached to the affidavit; and
- A request that the respondent be charged with the offense supported by the evidence.
Identify attachments clearly—for example, “Annex A, medical certificate dated…”—and explain what each proves. State uncertainty honestly. Do not claim to have seen something that another person merely told you.
The affidavit must be sworn before a person authorized to administer oaths. Do not sign a jurat in advance unless the receiving officer or notary instructs you to do so in their presence.
What happens after filing?
The route depends on the offense and whether the respondent was arrested without a warrant.
Regular complaint
The prosecutor evaluates the complaint and supporting evidence. If preliminary investigation is required, the respondent is ordinarily furnished the complaint and directed to submit a counter-affidavit and evidence. The prosecutor then determines whether the governing evidentiary standard for filing a criminal case has been met.
If the prosecutor approves prosecution, an Information is filed in the court with jurisdiction. The judge independently determines whether to issue a warrant, summons, or another appropriate order.
If the prosecutor dismisses the complaint, the resolution should state the available remedy and period. A petition for review may be possible, but the governing deadline is short and receipt of the resolution must be documented.
Warrantless arrest
If the suspect was lawfully arrested without a warrant, an inquest may be conducted instead of an ordinary preliminary investigation. The prosecutor determines whether the arrest and available evidence justify filing the case. The arrested person’s rights concerning preliminary investigation and Article 125 of the Revised Penal Code are governed by Rule 112.
The victim should cooperate promptly but should not attempt to dictate whether the police may arrest. A warrantless arrest is lawful only in circumstances recognized by the Rules.
Deadlines: act immediately
Under Articles 90 and 91 of the Revised Penal Code:
- Light offenses generally prescribe in two months.
- Offenses punishable by arresto mayor generally prescribe in five years.
- Other offenses carrying correctional penalties generally prescribe in ten years.
- Offenses carrying afflictive penalties generally prescribe in fifteen or twenty years, depending on the prescribed penalty.
The highest component of a compound penalty may control the prescriptive period. Prescription generally begins when the offense is discovered by the offended party, authorities, or their agents and is interrupted by filing the complaint or Information as recognized by law.
Classification and interruption questions can be technical. A police report alone may not protect the deadline. Slight physical injuries are particularly urgent because the ordinary prescriptive period is very short.
Claiming expenses and damages
A criminal case ordinarily includes the civil liability arising from the offense unless the victim waives it, reserves the right to sue separately when a reservation is legally permitted, or has already filed the civil action.
Keep proof of:
- Hospital and professional fees;
- Medicines and rehabilitation;
- Transportation and caregiving expenses;
- Lost wages or business income;
- Damaged property; and
- Continuing treatment or disability.
Article 33 of the Civil Code also recognizes an independent civil action for damages in cases of physical injuries. Whether a separate action is strategically appropriate depends on the existing proceedings, available evidence, possible double recovery, and procedural rules. Obtain legal advice before waiving, reserving, or separately filing a civil claim.
Special protection for violence against women and children
Physical violence by a husband, former husband, dating or former dating partner, sexual partner, or a person with whom the woman has a common child may fall under Republic Act No. 9262. That law provides criminal remedies and barangay or court protection orders. VAWC cases must not be mediated or conciliated as though the victim were responsible for reaching a compromise with the abuser.
A victim may seek:
- Police and Women and Children Protection Desk assistance;
- A Barangay Protection Order where legally available;
- A Temporary or Permanent Protection Order from the court;
- Medical and social-welfare assistance; and
- Help from a lawyer or the Public Attorney’s Office, subject to eligibility.
Violence against a child may also implicate Republic Act No. 7610 or other child-protection laws, but not every injury to a minor automatically satisfies the elements of child abuse. The child’s age, the offender’s conduct, and the circumstances must be evaluated carefully.
Common mistakes to avoid
- Waiting for bruises to disappear before obtaining medical documentation;
- Believing that a police blotter alone files the criminal case;
- Going through barangay conciliation when a statutory exception or urgent remedy applies;
- Skipping mandatory barangay proceedings when no exception applies;
- Filing in a place unrelated to where the offense occurred;
- Describing legal conclusions without stating the underlying acts;
- Altering screenshots, deleting original messages, or losing CCTV footage;
- Exaggerating injuries or coaching witnesses;
- Signing an affidavit without reading and correcting it;
- Accepting payment or signing a settlement, release, or affidavit of desistance without understanding its effect; and
- Missing a prescriptive period or a deadline stated in a prosecutor’s resolution.
An affidavit of desistance does not automatically erase a public offense or compel dismissal. Its effect depends on the offense, evidence, timing, and prosecutor or court.
When legal help is urgent
Consult a lawyer, the Public Attorney’s Office if qualified, or an appropriate victim-assistance office immediately when:
- The two-month period for a possible light offense is running;
- The attack involved a gun, knife, strangulation, repeated blows, or apparent intent to kill;
- There is permanent impairment, deformity, pregnancy-related injury, or extended incapacity;
- The victim is a child or the incident may involve VAWC;
- The attacker is a police officer, public official, employer, or person able to influence witnesses;
- The respondent threatens retaliation or evidence is being destroyed;
- Multiple offenders or multiple possible crimes are involved;
- The prosecutor dismisses the complaint; or
- You are being pressured to sign a settlement or affidavit of desistance.
Frequently asked questions
Can I file even without a medical certificate?
Yes. Its absence does not necessarily prevent a complaint, particularly where witnesses, recordings, photographs, or other evidence exist. However, prompt medical documentation can be critical in proving the nature and duration of the injuries.
Can I complain if the attacker did not leave a visible injury?
Possibly. Article 266 includes maltreatment by deed without injury. Other offenses may also apply depending on the act and circumstances.
Must I know whether the injury is slight, less serious, or serious?
No. State the complete facts and submit the medical evidence. The prosecutor determines the charge supported by the evidence, subject to judicial review in the criminal case.
Is a barangay blotter the same as a Certificate to File Action?
No. A blotter records an occurrence. A Certificate to File Action is issued after the legally required barangay process has failed or the applicable procedural condition has been satisfied.
Can the case proceed if the attacker apologizes?
Yes. An apology may be evidence, but it does not automatically terminate criminal liability. Settlement rules vary, and crimes are prosecuted in the name of the People of the Philippines.
Can I file if I know the attacker only by a nickname?
Yes, but provide the best available description, address, workplace, photograph, account details, vehicle information, or other lawful identifying information. The person must eventually be identified sufficiently for prosecution and service of process.
Can I recover medical expenses?
Potentially. Civil liability may be pursued with the criminal case or through an available civil remedy. Preserve receipts and proof connecting each expense to the injury.
Should I post the accusation online?
Usually not. Public posting can compromise evidence, expose witnesses, escalate danger, or create separate legal issues. Preserve the material and give it to the police, prosecutor, or counsel.
Official legal references
- Revised Penal Code, Articles 263–266 and 90–91
- Republic Act No. 10951
- Revised Rules of Criminal Procedure, Rules 110–112
- Local Government Code, Sections 408–412
- Supreme Court Circular No. 14-93 on barangay conciliation
- Department of Justice filing requirements
- Republic Act No. 9262, Anti-Violence Against Women and Their Children Act
This article provides general legal information, not advice for a particular case. The correct charge, filing route, deadline, and remedy depend on the evidence and applicable local procedures. Official sources were checked as of September 1, 2026.