Physical violence triggers two parallel tracks of liability in Philippine law:

Criminal liability (to punish the wrong against the State), generally under the Revised Penal Code (RPC) and certain special penal laws; and
Civil liability (to compensate the victim), which may arise from the crime itself (ex delicto) and/or from quasi-delict (tort) under the Civil Code, among other bases.

Understanding how these tracks interact—and how injuries are legally classified—is essential because the same punch can lead to imprisonment, fines, protection orders, damages, and even vicarious liability for employers or parents, depending on the facts.

I. Key Concepts and Terminology

1) “Assault” in Philippine law vs. everyday speech

In everyday use, “assault” often means any physical attack. In the RPC, however, “Assault” is also a specific crime:

Direct Assault (Art. 148 RPC): attacking or using force/intimidation against a person in authority or their agent while in the performance of duties (or by reason thereof).
Indirect Assault (Art. 149 RPC): using force/intimidation against someone who comes to the aid of a person in authority or agent during a direct assault.
Resistance/Disobedience (Art. 151 RPC): resisting or seriously disobeying a person in authority or their agent.

Most “physical assaults” between private persons are prosecuted not as “direct assault,” but as physical injuries (or, if death results, homicide/murder; if there’s intent to kill, attempted/frustrated homicide, etc.).

2) “Physical injuries” is a family of crimes

The RPC classifies injuries primarily by medical treatment / incapacity and by permanent effects (loss of function, deformity, etc.). These classifications drive the charge and penalty.

3) Intent matters

Two common pathways:

Intentional injuries: the offender intentionally hurt the victim (even if they didn’t intend the extent of harm).
Imprudence (negligence): injuries caused by lack of due care (e.g., reckless driving causing injuries), prosecuted under Art. 365 RPC.

II. Criminal Liability Under the Revised Penal Code

A. Intentional Physical Injuries (RPC)

1) Serious Physical Injuries (Art. 263 RPC)

In broad terms, injuries become serious if they:

Cause permanent incapacity or loss of use of a sense/organ/limb (e.g., loss of vision, loss of a hand);
Cause deformity (commonly, visible, lasting disfigurement);
Cause insanity, impotence, blindness, etc.; or
Cause the victim to be incapacitated for labor or require medical attendance for a long period (commonly, more than 30 days, with a higher bracket for more than 90 days).

What matters in practice: the medico-legal certificate and medical evidence about (a) days of medical attendance and/or (b) days of incapacity for work, plus any proof of permanent effects.

2) Less Serious Physical Injuries (Art. 265 RPC)

Generally covers cases where injuries require medical attendance or cause incapacity for labor for 10 to 30 days, or otherwise fall below the “serious” thresholds but above “slight.”

3) Slight Physical Injuries and Maltreatment (Art. 266 RPC)

Typically includes:

Injuries requiring medical attendance or causing incapacity for 1 to 9 days, or
Maltreatment (physical violence that does not result in injury or incapacity, but is still punishable).

Important practical point: slight physical injuries are commonly treated as a light offense, often affecting prescription and barangay conciliation requirements (discussed below).

B. When a “Physical Attack” Becomes a Different Crime

1) Attempted or Frustrated Homicide/Murder (RPC)

A physical attack may be prosecuted not as “physical injuries” but as attempted/frustrated homicide or murder if there is intent to kill.

Courts infer intent to kill from circumstances such as:

Type and location of wounds (e.g., vital organs),
Use of deadly weapon,
Manner of attack,
Statements or threats,
Persistence of attack, and
Other surrounding facts.

Why this matters: penalties and bail considerations can change dramatically, and the “days of incapacity” no longer control the classification the way they do in physical injuries.

2) Parricide / Murder / Homicide if death results

If the victim dies, charges shift to homicide/murder/parricide depending on relationship and qualifying circumstances (e.g., treachery).

3) Other crimes that may be involved

Depending on context, violence may be charged under other provisions, such as:

Robbery with violence or intimidation (if violence is used to take property),
Rape / sexual assault crimes (if violence is part of sexual offense),
Grave threats / coercion (if force is used to compel action),
Alarm and scandal / unjust vexation (limited scenarios),
Illegal detention (if victim is restrained).

C. Assault on Persons in Authority (Direct/Indirect Assault)

1) Persons in authority and their agents

“Persons in authority” commonly include public officers directly vested with jurisdiction (and in some contexts, teachers or similar figures recognized by law). “Agents” include those charged with maintaining public order and protecting life/property (e.g., police officers), among others.

2) Direct Assault (Art. 148)

Elements generally include:

The victim is a person in authority or an agent;
The offender attacks, employs force, seriously intimidates, or seriously resists; and
It occurs while the victim is in performance of duties or by reason thereof.

This can coexist with physical injuries. The prosecutor may charge direct assault plus physical injuries, depending on facts and rules on complexing/absorption.

D. Negligence: Reckless Imprudence Resulting in Physical Injuries (Art. 365 RPC)

If injuries are caused by negligence (e.g., traffic collisions, unsafe workplace acts), prosecution may proceed under Art. 365 rather than intentional physical injuries.

Key points:

Liability focuses on lack of due care, foreseeability, and proximate cause.
Evidence often includes accident reports, expert testimony, CCTV, vehicle damage, workplace safety records, etc.
Civil liability is frequently significant because medical expenses and lost income can be large.

E. Aggravating, Mitigating, and Justifying Circumstances

1) Justifying circumstances (no criminal liability when all elements present)

Most relevant in physical fights:

Self-defense (unlawful aggression + reasonable necessity of means + lack of sufficient provocation),
Defense of relatives/strangers (similar elements, adjusted),
Avoidance of greater evil (rare in injury cases),
Fulfillment of duty / lawful exercise of right (e.g., reasonable force in lawful arrest).

If self-defense is invoked, the accused typically has the burden to prove it with clear and convincing evidence, because it is an admission of the act but claims justification.

2) Exempting circumstances

Examples include minority (subject to juvenile justice rules), insanity, accident without fault, etc.

3) Mitigating circumstances (reduce penalty)

Examples:

Voluntary surrender,
Plea of guilty,
Passion and obfuscation (fact-sensitive),
Incomplete self-defense (when not all elements are present but unlawful aggression exists).

4) Qualifying/aggravating circumstances (increase penalty)

Use of treachery, evident premeditation, abuse of superior strength, dwelling, nighttime, or committing in contempt of public authorities may affect related crimes; applicability depends on the specific charge and facts.

III. Special Laws Commonly Used for Physical Violence

Even if injuries could fit under the RPC, certain contexts trigger special penal statutes that can be more protective or impose different procedures.

1) Violence Against Women and Their Children (RA 9262)

Covers physical violence against:

A woman by her husband, former husband, boyfriend, former boyfriend, or someone with whom she has a dating or sexual relationship; and
Her children (legitimate or illegitimate) in many contexts.

Features:

Broader than “physical injuries” and includes psychological, sexual, and economic abuse.
Allows Barangay Protection Orders (BPO), Temporary Protection Orders (TPO), and Permanent Protection Orders (PPO).
Evidence often includes medical records, photos, messages, witness testimony, and history of abuse.

2) Child Abuse (RA 7610) and related child protection laws

Physical harm to children may be charged under child abuse frameworks depending on circumstances, age, and the nature of maltreatment.

3) Anti-Hazing Act (as amended)

Injuries from hazing can lead to severe criminal liability with multiple accountable persons depending on participation, presence, or failure to prevent/report.

4) Anti-Torture Act (public officers or persons acting in an official capacity)

If physical injuries are inflicted as torture or custodial abuse, liability escalates under anti-torture rules and related custodial safeguards.

Practical takeaway: the “same injuries” can be prosecuted differently depending on relationship, setting, and statutory coverage.

IV. Civil Liability: What the Victim Can Recover

Civil liability may arise from (A) the crime, (B) quasi-delict, or other sources of obligation. The victim may pursue compensation even while the criminal case is ongoing, subject to procedural rules.

A. Civil Liability Arising From Crime (Civil Liability Ex Delicto)

Under the RPC, every person criminally liable is also civilly liable. Civil liability typically includes:

Restitution Return what was taken (more common in property crimes; can be relevant if valuables were seized during an attack).
Reparation of damage caused Medical expenses, therapy, rehabilitation costs, repair of damaged property (e.g., eyeglasses broken during assault).
Indemnification for consequential damages Lost wages/income, diminished earning capacity, other provable losses.

B. Damages Under the Civil Code (often claimed in injury cases)

Actual/Compensatory Damages Documented expenses and losses, such as:

Hospital bills, medicines, PFs, therapy,
Transportation for treatment,
Lost income (pay slips, ITR, employer certification, business records).

Moral Damages For physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, etc. Injury cases commonly support moral damages, depending on proof and circumstances.
Exemplary Damages Awarded by way of example or correction for particularly reprehensible conduct, typically when there is an aggravating circumstance or the act is wanton.
Nominal Damages To vindicate a right even if no substantial loss is proven.
Temperate (Moderate) Damages When some loss is certain but the amount cannot be proven with certainty (often used when receipts are incomplete but injury and expense are evident).
Attorney’s Fees and Litigation Expenses Not automatic; requires legal basis and proper justification.

C. Independent Civil Actions and Quasi-Delict (Tort)

Even if a criminal case exists, Philippine law recognizes situations where a victim may file a separate civil action.

1) Independent civil action for physical injuries (Civil Code)

The Civil Code provides for independent civil actions in certain cases, including physical injuries, allowing the victim to sue for damages separately from the criminal case.

2) Quasi-delict (Art. 2176 Civil Code) and Art. 2177

If the act also constitutes a quasi-delict, the victim may pursue damages under tort principles—particularly useful where:

The offender’s negligence is central (e.g., accidents),
There are additional responsible parties (employers, schools, etc.),
The criminal case fails for technical reasons but civil fault remains provable.

Caution: While multiple legal bases may exist, the victim cannot obtain double recovery for the same harm.

D. Vicarious and Secondary Civil Liability (deeply practical in injury cases)

Employers (Art. 2180 Civil Code) Employers may be liable for damages caused by their employees acting within the scope of assigned tasks, subject to defenses like due diligence in selection and supervision (fact-dependent).
Parents/Guardians (Art. 2180) Parents may be liable for the acts of minor children living with them, subject to legal standards and circumstances.
Schools/Administrators Depending on custody, supervision, and circumstances, schools and responsible persons may face liability for student injuries (highly fact-specific; often litigated).
Subsidiary liability under the RPC In limited settings (especially involving employees and insolvency), the RPC contemplates subsidiary liability—this is technical and depends on the crime, relationship, and proof.

V. Procedure: How Criminal and Civil Cases Interact

A. The civil action is often impliedly instituted with the criminal case

As a general rule, when a criminal case is filed, the civil action to recover civil liability arising from the offense is deemed included, unless the offended party:

Waives the civil action,
Reserves the right to file it separately, or
Has already filed a separate civil action.

(These mechanics are governed by the Rules of Criminal Procedure and related doctrines.)

B. Effect of acquittal on civil liability

An acquittal does not always erase civil liability. Common distinctions:

If the court finds the accused did not commit the act, civil liability is usually negated.
If acquittal rests on reasonable doubt, civil liability may still be awarded if a civil basis is proven under the applicable standard, depending on findings and how the civil aspect was pursued.

C. Settlement and compromise

The civil aspect may be compromised in many situations.
The criminal aspect generally cannot be “settled” privately because crimes are offenses against the State, though desistance/affidavits can affect prosecutorial evaluation in some cases and certain minor offenses may be handled through alternative mechanisms.

VI. Barangay Conciliation (Katarungang Pambarangay) and Practical Filing Issues

A. When barangay conciliation may be required

Many disputes between individuals residing in the same city/municipality may need to go through barangay conciliation before court filing, subject to numerous exceptions (e.g., urgency, public officer in relation to duties, parties in different localities, etc.).

In practice:

Slight physical injuries and other minor disputes often trigger barangay processing unless an exception applies.
Serious cases, cases involving protective orders, and cases with clear exceptions often proceed directly.

Because barangay requirements can affect dismissal for prematurity or procedural defects, this step is not merely “optional paperwork.”

B. Prescription (time limits) can be short for minor injuries

Prescription depends on the penalty classification:

Light offenses prescribe quickly (commonly two months under RPC rules).
Offenses punishable by arresto mayor have a longer period (commonly five years).
Other correctional penalties generally prescribe longer (commonly ten years), with higher brackets for afflictive penalties.

Practical consequence: waiting too long to file a complaint for slight physical injuries can permanently bar prosecution.

VII. Evidence That Commonly Decides Injury Cases

Medico-Legal Certificate / Medical Records

Establishes nature of wounds, healing time, days of medical attendance, and incapacity.
Helps identify seriousness classification.

Photos and videos

Time-stamped injury photos, CCTV, mobile recordings.

Witness testimony

Eyewitnesses to the attack and to the victim’s condition after.

Scene evidence

Weapons used, blood stains, torn clothing, damaged property.

Relationship and prior incidents

Particularly relevant in RA 9262 contexts and motive/credibility assessments.

Defense evidence

Injuries to the accused (supporting mutual fight or self-defense),
Proof of unlawful aggression by complainant (self-defense),
Context showing accident or lack of intent.

VIII. Common Scenario Analyses (How Charges Typically Shake Out)

1) Bar fight: punches, bruises, 3 days rest

Likely slight physical injuries (or maltreatment depending on medical findings).
Civil claims: medical costs, moral damages if substantiated.

2) Slap causes eardrum damage or lasting hearing loss

Potential serious physical injuries due to permanent impairment, even if “just a slap.”

3) Stabbing but victim survives; wound near heart

May be attempted/frustrated homicide if intent to kill inferred, rather than “physical injuries.”

4) Punching a police officer during arrest

Potential direct assault plus physical injuries, depending on evidence and charging rules.

5) Boyfriend repeatedly hits partner; history of abuse

Often charged under RA 9262, with protection orders and broader evidentiary pattern.

6) Vehicle collision due to speeding; victim suffers fractures

Typically reckless imprudence resulting in serious physical injuries (Art. 365) plus civil damages; insurance and employer liability may be implicated depending on ownership and employment.

IX. Liability Beyond the Primary Offender

Physical injury incidents frequently involve multiple accountable persons:

Co-principals / accomplices / accessories Depending on planning, assistance, or participation.
Conspiracy If several persons act with a common design, each may be liable for acts of the others within the conspiracy.
Corporate/employer exposure Civil damages may be pursued where the assault is work-related or linked to negligent supervision.

X. Practical Consequences: What Courts Actually Decide

When courts resolve physical injury cases, they typically make determinations on:

Identity of the offender
Credibility of witnesses and consistency with medical findings
Proper classification of injuries (slight/less serious/serious; or attempted homicide, etc.)
Applicability of self-defense or other defenses
Proper penalty, including mitigating/aggravating factors
Civil damages, including whether receipts and proof support actual damages and whether moral/exemplary damages are warranted

XI. Summary of Core Takeaways

“Physical assault” usually translates to physical injuries under the RPC unless the victim is a person in authority/agent (assault provisions) or there is intent to kill (attempted/frustrated homicide/murder).
Days of medical attendance/incapacity and permanent effects drive the legal classification of injuries, but context and intent can reclassify the crime entirely.
Civil liability is often substantial and can include actual, moral, temperate, and exemplary damages, plus lost income and other consequential losses.
The victim’s civil remedies may be pursued with the criminal case or sometimes separately under independent civil actions or quasi-delict, but without double recovery.
Procedure matters: barangay conciliation, prescription periods, and evidence quality (especially medico-legal proof) can decide outcomes as much as the underlying घटना of violence.