Civil Damages for Assault by Punching in Philippines

A practical legal article in Philippine context (civil liability, damages, and how claims are pursued).

1) The basic idea: punching someone can create two kinds of liability

In Philippine law, a single act of punching another person may result in:

  1. Criminal liability (because it may be a crime under the Revised Penal Code), and
  2. Civil liability (because the act causes injury and legally compensable harm).

Civil damages are about paying for the harm caused—medical costs, lost income, pain and suffering, and related losses—whether the claim is pursued together with a criminal case or separately as a civil action.


2) What crime is a “punching” incident usually treated as?

A punch commonly falls under Physical Injuries under the Revised Penal Code (RPC). The classification generally depends on the medical findings, especially how long the injuries require medical attendance or prevent normal work/activities.

Common buckets (in plain terms):

  • Slight physical injuries (often minor bruises/contusions; shorter healing/impairment)
  • Less serious physical injuries
  • Serious physical injuries (more severe outcomes—longer incapacity, loss of function, deformity, etc.)

Why this matters for civil damages: the severity and proof of injury often influence (a) what you can claim, and (b) how courts evaluate the amount of damages.


3) Where does the right to civil damages come from?

A) Civil liability arising from a crime (delict)

Under the RPC, every person criminally liable is also civilly liable. So if a punch constitutes physical injuries and the offender is found liable, civil damages generally follow.

Important practical point: In many situations, the civil action is treated as included with the criminal case, unless it is reserved or filed separately under the rules (explained below).

B) Separate civil liability under the Civil Code (quasi-delict / tort)

Even if a criminal case is not pursued—or even if it fails under certain circumstances—there may still be a civil action based on quasi-delict (tort) if there is:

  • an act or omission,
  • fault or negligence,
  • damage, and
  • a causal connection.

Punching is typically an intentional act, but civil law can still provide a route for damages depending on the theory pleaded and the facts established.

C) “Human relations” provisions (Civil Code)

The Civil Code also recognizes liability for acts contrary to morals, good customs, or public policy, and for willful injury to another. These provisions are often pleaded alongside other theories to support claims—especially for moral and sometimes exemplary damages.


4) Two main routes: file civil damages with the criminal case, or file a separate civil case

Route 1: Civil damages impliedly included in the criminal case (common approach)

In many punching incidents that are prosecuted criminally, the offended party seeks:

  • conviction (criminal), and
  • payment of damages (civil),

in the same case.

Why people choose this: one proceeding can address both accountability and compensation.

Route 2: Separate civil action (often quasi-delict or other civil causes)

You may file a separate civil case when:

  • you reserve the right to file separately (when applicable),
  • you choose a civil theory independent of the criminal action, or
  • strategic/factual reasons make a separate suit preferable.

Caution: Rules on how civil actions interact with criminal cases can be technical. The timing of filing, reservation, and the particular civil theory can affect whether the case is suspended, allowed to proceed, or barred by final judgments in another case.


5) What damages can be claimed for punching?

Philippine civil damages are not “one-size-fits-all.” Courts require proof and apply legal standards. The usual categories:

A) Actual (Compensatory) Damages

These reimburse proven expenses and losses, such as:

  • hospital/clinic bills
  • doctor’s fees
  • medicine
  • diagnostic tests (X-ray, CT scan, etc.)
  • therapy/rehabilitation
  • transportation costs for treatment (if properly supported)
  • repair/replacement of damaged property (e.g., broken eyeglasses)

Proof needed: receipts, invoices, medical records, and credible testimony connecting the expense to the punch.

B) Lost Income / Loss of Earning Capacity

If the injury caused you to miss work or reduced your ability to earn:

  • wages lost during recovery
  • diminished earning capacity (for more serious injuries)

Proof needed: payslips, employment certification, tax documents, business records, or credible evidence of income.

C) Moral Damages

Moral damages compensate for physical suffering, mental anguish, fright, serious anxiety, social humiliation, and similar injury.

Punching incidents often involve claims for moral damages because physical injuries naturally carry pain and distress—but courts still evaluate credibility and circumstances (severity, publicity, trauma, humiliation, etc.).

D) Temperate (Moderate) Damages

When the court is convinced a loss occurred (e.g., some medical or related expense) but exact amounts can’t be proven with receipts, it may award temperate damages instead of zero.

This can be important where:

  • receipts were lost,
  • the expense was real but documentation is incomplete,
  • some costs were necessarily incurred but not fully supported.

E) Nominal Damages

Awarded to recognize that a right was violated even if no substantial loss is proven. These are typically smaller amounts.

F) Exemplary (Punitive) Damages

Exemplary damages may be awarded in addition to other damages when the act is attended by circumstances showing a need to deter similar conduct—commonly where the wrongdoing is aggravated (e.g., particularly wanton, oppressive, or accompanied by certain aggravating circumstances).

Not automatic: the court looks at the facts and the basis under law.

G) Attorney’s Fees and Litigation Expenses

Attorney’s fees are not automatically granted. They may be awarded in specific situations recognized by the Civil Code (for example, when the court finds the defendant acted in a manner that forced the plaintiff to litigate to protect rights, or in other recognized instances).

Courts typically require justification in the decision.

H) Interest

If monetary awards are granted, legal interest may apply depending on the nature of the award and when it becomes due (this is an area where jurisprudence and the specific judgment details matter).


6) What affects how much the court awards?

Courts consider the totality of evidence and circumstances, such as:

  • medical findings (type of injury, duration of treatment, lasting effects)
  • whether there was hospitalization
  • extent of pain, trauma, humiliation
  • whether the punch was unprovoked, repeated, or part of a public incident
  • presence of aggravating or mitigating circumstances
  • credibility of witnesses and consistency of the narrative
  • documentation quality (medical certificate, records, receipts)

7) Evidence checklist (very practical)

If you want a strong civil damages claim, typical supporting evidence includes:

Medical / Injury Proof

  • medico-legal report or medical certificate
  • ER record, consultation notes
  • photos of injuries (dated if possible)
  • prescriptions and diagnostic results

Expense Proof

  • official receipts and invoices
  • pharmacy receipts
  • transport receipts (when available)
  • proof of therapy sessions

Lost Income Proof

  • certificate of employment, payslips
  • leave records reflecting absence due to injury
  • business records if self-employed

Incident Proof

  • witness statements / affidavits
  • CCTV footage (request preservation early)
  • barangay blotter / police blotter (if any)
  • messages or admissions by the offender (screenshots with context)

8) Barangay conciliation: often a required step (but not always)

Many personal disputes between individuals within the same locality may be subject to barangay conciliation under the Katarungang Pambarangay system before filing in court, depending on:

  • where the parties reside,
  • the nature of the dispute/offense, and
  • statutory exceptions (e.g., certain cases needing immediate court action, parties living in different localities, etc.).

Because applicability can turn on technical facts (addresses, charge level, exceptions), it’s common to check early whether a Certificate to File Action is needed.


9) Settlement and “desistance” vs civil damages

  • Affidavit of desistance may influence prosecutorial discretion in some contexts, but it is not a guaranteed dismissal of a criminal case, especially if the state proceeds.
  • Civil liability can be compromised/settled (payment, apology, undertaking not to repeat, etc.). Settlement terms should be clear about whether the offended party is releasing civil claims.

Be careful with wording: a poorly drafted settlement can unintentionally waive claims—or fail to fully protect you.


10) Common defenses that can reduce or defeat civil damages

The defendant may argue:

  • Self-defense (and related defenses under criminal law)
  • Defense of a relative/stranger
  • Accident or lack of intent (depends on facts)
  • Provocation (may affect appreciation of circumstances and damages)
  • Contributory fault by the claimant (can reduce liability in some civil contexts)
  • Lack of proof of injury, causation, or amount of damages

Even if liability is established, weak documentation can reduce recovery.


11) Prescription (time limits) you should be aware of

Time limits depend on the legal route:

  • Civil liability arising from a crime is generally tied to the criminal action’s timelines and procedural rules.
  • A civil action based on quasi-delict has its own prescriptive period (commonly discussed as four years from the time the cause of action accrues, though the exact application can depend on facts).

Because missing a prescriptive period can kill a claim entirely, it’s wise to get advice early if you’re near a deadline.


12) Practical strategy: how people commonly approach punching incidents

  1. Get medical attention immediately (also creates contemporaneous records).

  2. Document injuries (photos + medical documents).

  3. Preserve evidence (CCTV requests, witnesses).

  4. Consider whether barangay conciliation applies.

  5. Decide whether to pursue:

    • criminal case with civil damages included, or
    • separate civil action (or both, depending on the rules and strategy).
  6. If settlement is possible, compute a demand anchored on receipts + reasonable moral damages, then negotiate with clear written terms.


13) A simple example of damages computation (illustrative)

If a punch causes facial bruising and a doctor’s consultation + medicine:

  • Actual damages: consultation fee + meds (receipts)
  • Plus possibly: transport costs (if supported)
  • Moral damages: pain, anxiety, humiliation (supported by testimony and circumstances)
  • Possibly temperate damages: if some necessary expense occurred but cannot be receipted
  • Possibly exemplary damages: if the act was particularly oppressive or attended by aggravating circumstances

Courts don’t award “because you asked”; they award because the evidence and legal basis justify it.


14) Key takeaways

  • Punching is not just a “criminal matter”—it can also create serious civil liability.
  • Civil damages can include medical costs, lost income, moral damages, and sometimes exemplary damages, depending on proof and circumstances.
  • The strongest cases are document-driven: medical records + receipts + credible witnesses.
  • Procedural choices matter: whether the civil claim is pursued with the criminal case or separately can affect timing and strategy.

If you want, describe the scenario in a few lines (injury type, medical findings, where it happened, whether there’s CCTV/witnesses, and whether parties live in the same city/municipality), and I can map out the most likely damage categories and the usual procedural path—still in general informational terms.

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