Can You File Trespassing and Physical Injury Charges for an Assault Inside a Store? (Philippines)

This article is general information on Philippine law. For legal advice on your specific facts, consult counsel or the Public Attorney’s Office (PAO).

Snapshot

Physical injuries (serious, less serious, or slight) are typically the right criminal charges for assaults inside shops.
Trespass may apply only in limited retail scenarios (e.g., after-hours entry, entry into “employees only” zones, or refusal to leave upon clear demand).
You may also consider other companion charges (e.g., grave threats, alarms and scandals, unjust vexation, malicious mischief) depending on what happened.
Evidence such as CCTV, medico-legal certificates, and witness statements drives prosecutorial decisions far more than labels.

A. Core Criminal Offenses Potentially Involved

1) Physical Injuries (Revised Penal Code, “RPC”)

Serious Physical Injuries (Art. 263)—applies when injuries cause, for example, loss of a sense/organ, deformity, loss of use, or incapacity to work for more than 30 days. Penalties scale with gravity (updated by RA 10951).
Less Serious Physical Injuries (Art. 265)—where the victim is incapacitated for 10–30 days or requires medical attendance in that range.
Slight Physical Injuries (Art. 266)—1–9 days incapacity or medical attendance, or physical ill-treatment not preventing work.
Key takeaways:
- Medical documentation (medico-legal report; doctor’s certificate stating number of healing/incapacity days) often determines which article applies.
- If there is intent to kill, prosecutors may treat it as (attempted/frustrated) homicide rather than mere physical injuries.

2) Trespass (RPC, Arts. 280–281)

Trespass to dwelling (Art. 280) protects a dwelling—the place of human abode. A store, during business hours, is usually not a dwelling.
Other forms of trespass (Art. 281) penalize entering a closed premise or fenced estate without consent, or refusing to leave when required and the area is not open to the public.
When can trespass fit a store scenario?
1. After-hours break-in or entry when the store is closed.
2. Intrusion into restricted areas (e.g., “Employees Only,” stockroom, cash-count room).
3. Refusal to leave after a clear, lawful order to exit (e.g., management/security asks the person to leave for cause).
When it typically does not apply:
- Customer areas open to the public during business hours (mere presence is not trespass).
- If the person is lawfully inside and no restriction/refusal-to-leave was communicated.

3) Possible Companion or Alternative Offenses

Grave/coercion (Art. 286) if the assailant forcibly compels/impedes an act without legal authority.
Grave/other threats (Arts. 282–283) for serious threats.
Alarms and scandals (Art. 155) for tumultuous disturbance in a public place.
Unjust vexation (Art. 287) for offensive acts short of physical injuries.
Malicious mischief (Art. 327) if store property is damaged.
Direct assault (Art. 148) if the target is a person in authority or agent (e.g., on-duty police, barangay official).

B. Choosing Charges: How Prosecutors Typically Analyze Retail Assaults

What exactly happened? Punching, pushing, choking, use of objects, location (sales floor vs. backroom).
Injury severity shown by medical certificates (days of incapacity/medical attendance).
Intent indicators (words used, weapon, prior threats) to determine homicide/attempted homicide vs physical injuries.
Premises status: Was the place open/closed? Was the area restricted? Was there a clear order to leave?
Victim status: If the victim is security staff or an agent of a person in authority acting in duty, direct assault may be added.
Aggravating circumstances: e.g., use of weapon, superior strength, nighttime, drunkenness, disregard of public place.

C. Evidence: What You Should Gather Immediately

CCTV/Bodycam/Phone video (export promptly; secure chain-of-custody).
Medico-legal examination (ideally the same day). Ask the doctor to state healing/incapacity days and treatment given.
Sworn statements: victim, witnesses, security, and responding officers.
Incident report and store policies (e.g., signages like “Employees Only,” Notice of No Trespassing/Right to Refuse Service, House Rules).
Photos of injuries, the scene, broken items.
Receipts for medical expenses; payroll records proving lost wages; repair estimates for property damage.
Any prior “ban” letter or documentation that the suspect was previously barred from the premises.

D. Procedure: From Incident to Case

1) Immediate Response

Call police / barangay. If the offender is present and the assault just occurred, a warrantless arrest may be valid in flagrante (Rules of Criminal Procedure, Rule 113, Sec. 5).
Private persons (e.g., store security) may effect a citizen’s arrest only under the same rule; use reasonable force and turn over the suspect ASAP to police.

2) Inquest vs. Regular Filing

If the suspect is arrested without a warrant, police bring him to the inquest prosecutor for immediate charging.
If no arrest, the victim files a sworn complaint with the City/Provincial Prosecutor (with annexes: medical certificate, IDs, CCTV, etc.). Some lower-penalty offenses can be directly filed in the MTC after prosecutor evaluation.

3) Barangay Conciliation (Katarungang Pambarangay)

Required only when both parties are natural persons, residents of the same city/municipality, and the offense is not exempted (many crimes of serious gravity are exempt).
Not required when one party is a corporation (e.g., the complainant is the store entity), when residences differ, or when the law expressly exempts the offense.
When in doubt, ask the prosecutor’s office whether conciliation is a precondition for your specific case.

4) Court and Jurisdiction

RTC handles offenses with penalties exceeding 6 years; MTC handles those 6 years and below.
Venue is where the crime occurred (the store’s location).

5) Prescriptive Periods (Time Limits to File)

Light offenses (e.g., slight physical injuries): generally short (e.g., a couple of months).
Correctional-level offenses (e.g., less serious physical injuries; trespass under Art. 281): longer (years).
Serious physical injuries: longest among these categories.

Because exact periods depend on the penalty as charged (and penalties were recalibrated by RA 10951), file as early as possible and consult counsel on timing.

E. Trespass in Retail: Practical Applications

Scenario	Likely Charge(s)	Why
Customer punches cashier on the sales floor during business hours	Physical injuries (Art. 263/265/266 depending on incapacity days); possibly alarms and scandals	Public area; trespass usually does not apply
Aggressor chases staff into stockroom marked “Employees Only” and attacks	Physical injuries + Art. 281 trespass	Restricted/non-public area; entry is against will
Person enters the store at 1:00 a.m. through a locked door and assaults guard	Physical injuries + Art. 281 trespass (closed premises). If intent to kill, homicide/attempted homicide	After-hours + lack of consent
Banned individual returns; manager says “Leave now,” but he refuses and then hits a guard	Physical injuries + Art. 281 trespass (refusal to leave), possibly direct assault if the guard is an agent in duty	Clear order to leave + assault
Shoplifter scuffles with security while escaping	Physical injuries; possibly robbery if violence used to carry off property	Theft + use of violence elevates charge

F. Defenses You May Encounter (and How They’re Evaluated)

Self-defense / Defense of Stranger or Property (Art. 11)
- Requires unlawful aggression + reasonable necessity of means + lack of sufficient provocation.
- CCTV and angles matter; disproportionate force undermines this defense.
Lack of intent to kill / no medical proof of incapacity
- Without medical evidence, higher charges (serious/less serious) may be downgraded.
Consent / public nature of the area (re trespass)
- In open customer areas, prosecutors rarely pursue trespass unless there was refusal to leave or restricted area entry.

G. Civil Liability and Damages

Filing the criminal case typically impliedly includes the civil action for damages (Article 100, RPC), unless you reserve or waive it.
Recoverable items may include:
- Actual damages (medical bills, repairs, lost wages)
- Moral damages (fright, anxiety, mental anguish)
- Exemplary damages (to deter egregious conduct)
- Attorney’s fees and litigation expenses
You may also sue independently for quasi-delict (tort) under the Civil Code (Art. 2176) if strategic—for example, against parties not criminally liable but civilly negligent (e.g., negligent security), noting the no double recovery rule.

H. Store Policy & Loss Prevention Tips (Legal-Sound)

Signage: “Employees Only,” “No Trespassing After Hours,” “We Reserve the Right to Refuse Service,” House Rules (no weapons, intoxication, harassment).
Training: De-escalation, documentation, lawful citizen’s arrest limits, use-of-force proportionality, evidence preservation.
CCTV: Ensure coverage of customer areas, entrances, and restricted zones; maintain exports and audit trails.
Incident Protocol: Immediate medical care, police contact, incident report, preservation of video and objects (weapons, broken items) in sealed bags.
Ban/No-Entry Letters: Issue to repeat offenders; keep proof of receipt to support future trespass elements.
Coordination with Barangay/Police: Quick blotter entries and response coordination reduce inquest friction.

I. How to Draft and File (Checklist)

Affidavit-Complaint Attachments

Your ID and authority (if representing a store).
Narrative with timestamps (who, what, where, how; identify restricted areas).
Medical certificate stating days of incapacity/attendance; photos of injuries.
CCTV/video (in labeled storage), still frames, and chain-of-custody notes.
Witness affidavits (cashier, security, customers).
Incident report and store policy/signage photos; ban letter if any.
Receipts for medical/repair costs; payroll for lost earnings.

Filing Route

Police blotter (optional but helpful); if suspect caught, proceed to inquest.
Otherwise, Office of the City/Provincial Prosecutor—have the receiving clerk docket the case.
Ask whether barangay conciliation applies to your parties/facts.
Track subpoenas and hearings, and appear when required.

J. FAQs

1) Can I file both trespass and physical injuries? Yes, if facts fit both (e.g., assault in a restricted area or after-hours entry, or refusal to leave). Otherwise, stick to physical injuries.

2) What if I only suffered pain but no medical days? That typically falls under slight physical injuries or even unjust vexation, depending on proof. Still document and report.

3) Is a “Employees Only” sign enough for trespass? It helps. Combine it with clear instructions (verbal order to leave) and documentation to solidify Art. 281 elements.

4) Can store security restrain a suspect? Yes, within citizen’s arrest limits (in flagrante or immediately after) using reasonable force and immediate turnover to police.

5) How fast must I file? Do it as soon as possible. Light offenses prescribe quickly; more serious offenses allow years, but earlier filing preserves evidence and credibility.

Bottom Line

For assaults inside stores, physical injuries will almost always be your primary charge; trespass is add-on when the area is closed/restricted or the person refuses to leave.
Evidence quality—especially CCTV and medical proof—determines outcomes.
Move quickly, document thoroughly, and consult counsel to frame the right mix of charges and civil claims.