For general information only; not legal advice. Philippine law changes over time and outcomes depend heavily on facts, evidence, and local practice.
1) What “physical injuries” means in Philippine criminal law
In everyday speech, “physical injury” can mean any harm to the body. In Philippine criminal law, “physical injuries” is a family of crimes generally punished under the Revised Penal Code (RPC) (Crimes Against Persons), with related possibilities under special laws (notably VAWC, child abuse laws, hazing, and negligence cases).
A key idea: the correct charge depends not only on the injury, but also on intent, relationship of parties, circumstances, and how the injury is medically classified.
2) The first legal fork: intentional harm vs. negligence vs. intent to kill
Before “filing,” it matters which bucket the incident falls into:
A. Intentional physical injuries (RPC)
This applies when the offender deliberately struck/assaulted/inflicted harm, and intent to kill is not proven.
B. Reckless imprudence / negligence causing physical injuries (RPC Article 365)
Common in vehicular accidents, mishaps, unsafe acts. The “crime” is negligence, not intent.
C. Attempted or frustrated homicide/murder (not just “physical injuries”)
If intent to kill is shown (e.g., weapon used on vital parts, repeated stabbing, statements like “papapatayin kita,” manner of attack), prosecutors may file attempted/frustrated homicide or murder, even if the victim survives with “minor” wounds. This is one of the most important charging issues in practice.
D. Special-law cases that often replace or overtake RPC “physical injuries”
Some situations are commonly filed under special laws rather than the basic RPC provisions:
- Violence Against Women and Their Children (RA 9262): if the victim is a woman (spouse/ex, partner/ex, dating relationship, shared child, etc.) or a child of the woman, and the harm is part of “violence” under the law.
- Child abuse (RA 7610): physical harm or cruelty against a child may be charged under child protection laws depending on facts.
- Anti-Hazing (RA 11053): injuries connected to initiation rites.
- Direct Assault / Assault Upon a Person in Authority (RPC): if the victim is a person in authority (or agent) in the performance of duty (e.g., teacher, barangay official, police), the charge may become direct assault, sometimes with physical injuries.
3) How the RPC classifies physical injuries (and why the medical certificate matters)
For RPC “physical injuries,” classification often turns on:
- Days of medical attendance and/or days of incapacity for work/labor
- Whether the injury caused permanent effects (deformity, loss of a member, loss of use, blindness, etc.)
The usual categories (simplified)
(Exact classification can be more technical; permanent outcomes can jump a case to “serious” regardless of days.)
1) Slight Physical Injuries
Typically when:
- Incapacity/medical attendance is 1–9 days, or
- Injuries do not prevent the victim from doing habitual work and/or do not require medical attendance, or
- Maltreatment (physical force without injury).
2) Less Serious Physical Injuries
Typically when:
- Incapacity/medical attendance is 10–30 days.
3) Serious Physical Injuries
Generally when:
- Incapacity/medical attendance is more than 30 days, or
- The injury results in serious/permanent effects (e.g., deformity, loss of a body part, loss of use, blindness, etc.)
Related offenses nearby in the RPC
- Mutilation (more severe; separate provision)
- Administering injurious substances (poisoning/caustic substances, etc.)
Why the medical certificate is “make-or-break”
The medical certificate / medico-legal report often states:
- Nature and location of injuries
- Treatment given
- Estimated healing period / days of medical attendance
- Period of incapacity (if stated)
That estimate frequently anchors the prosecutor’s and court’s classification. Disputes can happen, but the certificate is a core document.
4) Immediate steps after the incident (what to do before “filing”)
Physical injury cases succeed or fail on evidence. Immediately (or as soon as safe/possible):
Get medical attention Your health comes first—and medical records are evidence.
Request documentation
- Hospital/clinic records
- Medical certificate (ask the doctor to indicate findings and estimated healing/incapacity if possible)
- Receipts for medicines, procedures, labs
- Consider a medico-legal examination Often done through:
- PNP medico-legal / crime laboratory channels (varies by locality), or
- NBI medico-legal (where applicable)
- Preserve other evidence
- Photos of injuries (include date/time if possible)
- Torn clothing, bloodstains (store properly)
- CCTV footage requests (act fast; many systems overwrite)
- Witness names and contact info
- Screenshots of threats/messages (keep originals)
- Report / blotter A police blotter entry is not the “case,” but it helps record timing and facts.
5) Where to file: barangay, prosecutor, or court?
In the Philippines, “filing a case” can mean different things depending on the path:
A. Barangay conciliation (Katarungang Pambarangay) — often required for minor injury cases
Many disputes between individuals in the same city/municipality must pass through barangay conciliation before going to court/prosecutor, unless an exception applies.
Typical coverage: minor offenses where the penalty does not exceed certain thresholds (commonly cited: not more than 1 year imprisonment or fine not over ₱5,000) and parties meet residency rules.
Why it matters: If barangay conciliation is required and skipped, the court can dismiss the case for being prematurely filed.
Common exceptions (non-exhaustive; fact-specific):
- VAWC (RA 9262) cases (commonly treated as not subject to barangay settlement requirements)
- When parties do not fall under the same barangay/city/municipality coverage rules
- Offenses with penalties beyond thresholds (more serious injuries, direct assault, attempted homicide, etc.)
- Situations needing urgent legal action
Barangay outputs you may need:
- Summons/records of mediation
- If no settlement: Certificate to File Action (often required to proceed)
Important reality: Barangay settlement may end practical pursuit, but criminal liability for public crimes is not “erased” simply by private forgiveness—though lack of cooperation often weakens prosecution.
B. Office of the City/Provincial Prosecutor (criminal complaint)
This is the most common route for many people:
You file a criminal complaint supported by affidavits and evidence. Even for cases that do not strictly require a full preliminary investigation, many complainants still begin here for evaluation and filing.
Documents commonly required:
- Complaint-affidavit (narrative of facts, signed, usually notarized)
- Witness affidavits
- Medical certificate / medico-legal report
- Photos, screenshots, CCTV references
- Proof of identity
- Barangay Certificate to File Action (if required)
C. Direct filing in the proper first-level court (MTC/MeTC/MTCC/MCTC)
For minor offenses, especially those under the Rule on Summary Procedure (often including slight physical injuries), filing can be directly with the court (practice varies, and prosecutors may still become involved later in prosecution).
6) The prosecutor process (what happens after you file)
Step 1: Docketing and evaluation
The prosecutor’s office assigns a case number and evaluates sufficiency.
Step 2: Subpoena to the respondent
The respondent is typically required to submit a counter-affidavit and evidence.
Step 3: Submission of replies / clarificatory hearings (if needed)
The prosecutor may allow:
- Reply-affidavit
- Rejoinder
- Clarificatory questions/hearings
Step 4: Resolution
The prosecutor decides whether there is probable cause to file an Information in court.
- If dismissed: there may be remedies (often motions for reconsideration; further review mechanisms may exist depending on rules and timelines).
- If filed: the case moves to court.
Inquest (if the suspect was arrested without a warrant)
If the suspect is arrested and detained, an inquest may occur instead of the regular affidavit exchange. Timing issues are governed by constitutional and statutory rules on detention and charging.
7) Court process (what the case looks like once it’s in court)
While details vary by court and charge, common stages include:
Raffle/assignment
Arraignment (plea entered)
Pre-trial / preliminary conference (issues narrowed; stipulations)
Trial
- Prosecution presents witnesses and evidence (medical findings are central)
- Defense presents its side
Decision
Penalty / sentencing consequences
- Fines or imprisonment depending on classification
- Possible application of laws allowing community service in lieu of jail for certain minor offenses (availability depends on charge, penalty, and court discretion under applicable rules/laws)
Civil liability included (unless properly reserved/waived)
Bail
Physical injury cases are generally bailable. Bail amount depends on the charge and circumstances.
Mediation/settlement in court
In criminal cases, settlement is usually limited to the civil aspect (damages). For minor cases, practical outcomes often involve restitution plus reduced interest to proceed, but the court and prosecutor ultimately control criminal prosecution.
8) Evidence checklist (what typically wins or loses these cases)
Core evidence
- Medical certificate / medico-legal report
- Testimony of the victim (complainant)
- Witness affidavits and testimony
Supporting evidence that strongly helps
- Clear photos (progression of bruises can matter—some injuries darken later)
- CCTV footage (or proof it exists + prompt request)
- Police blotter entry
- Messages/threats that show motive/intent
- Receipts and billing statements (for civil damages)
Common weak points
- Delayed medical consultation (defense argues injuries came from another cause)
- No corroborating witness where circumstances suggest one should exist
- Inconsistent narratives between affidavits and testimony
- Medical certificate that does not specify days/incapacity (harder classification)
- Evidence tampering allegations (especially with videos/screenshots)
9) Defenses you should expect (and how cases get reframed)
Common defenses in physical injury prosecutions include:
- Self-defense (or defense of relatives/strangers): requires unlawful aggression plus other requisites.
- Accident / lack of intent: may push toward negligence framing.
- Denial/alibi/mistaken identity
- Mutual fight: sometimes both sides file cases; injuries on both sides complicate credibility.
- Medical reclassification disputes: contesting the number of days or seriousness.
- No intent to kill vs intent to kill arguments: affects whether case becomes attempted/frustrated homicide.
Aggravating/mitigating circumstances can also affect penalty (e.g., abuse of superior strength, dwelling, nighttime, intoxication, voluntary surrender), depending on proof.
10) Prescription (deadlines) — when it becomes “too late” to file
Crimes prescribe depending on the penalty attached. Practical implications:
- Slight physical injuries are often treated as light offenses, which traditionally prescribe quickly (often cited as two months).
- Less serious physical injuries and higher classifications prescribe later (years).
Because classification affects prescription, do not delay—especially for injuries that may be classified as “slight.”
11) Civil remedies and damages (often overlooked)
A physical injury incident usually triggers civil liability (payment of damages), which may be pursued:
A. As the civil aspect of the criminal case
In many criminal cases, the civil action for damages is deemed instituted with the criminal action unless properly reserved or waived under procedural rules.
Recoverable damages may include:
- Actual damages: medical bills, therapy, lost income (with proof)
- Moral damages: pain, suffering, mental anguish (fact-specific)
- Temperate damages: when some loss is proven but not fully documented
- Exemplary damages: when aggravating circumstances justify
B. As an independent civil action (Civil Code)
Philippine civil law recognizes that in certain cases, including physical injuries, a separate civil action for damages may be filed independently of the criminal case (with a lower burden of proof—preponderance of evidence, not beyond reasonable doubt).
C. As a quasi-delict case (tort) (another possible civil track)
If the facts fit negligence or wrongful acts causing damage, civil liability may be pursued under tort principles, depending on strategy and circumstances.
12) Special situations that change everything
A. If the offender is a spouse/partner/dating partner and the victim is a woman (or her child)
Consider RA 9262 (VAWC). Features that often matter:
- Protective orders may be available (barangay/temporary/permanent, depending on circumstances and forum)
- The relationship element is central
- “Physical violence” includes bodily harm; evidence and process differ from plain RPC filing
B. If the victim is a child
Child protection laws may apply, with potentially heavier consequences and different evidentiary emphasis.
C. If the injury happened during a traffic accident
The likely case is reckless imprudence resulting in physical injuries, and documentation will focus on:
- Traffic investigation report
- Scene photos
- Vehicle damage, dashcam/CCTV
- Driver negligence indicators (speeding, DUI, violation of traffic rules)
D. If the victim is a person in authority / agent of a person in authority
The incident can become direct assault (with injuries), often increasing penalties and altering jurisdiction/strategy.
E. If the respondent is a minor
The case is affected by the juvenile justice framework (diversion, intervention, age thresholds, and procedures), which can substantially change outcomes.
13) Practical “how-to file” roadmap (end-to-end)
Step 1: Confirm safety and obtain medical care
Collect records and request a medical certificate.
Step 2: Decide the likely legal category
- Intentional injuries (RPC)
- Negligence (Article 365)
- Attempted/frustrated homicide (intent to kill indicators)
- VAWC/child abuse/direct assault/hazing (special contexts)
Step 3: Check barangay conciliation requirement
If required, file at barangay and obtain a Certificate to File Action if no settlement.
Step 4: Prepare the filing packet
- Complaint-affidavit (chronological, detailed, consistent)
- Witness affidavits
- Medical certificate/medico-legal
- Photos/videos and a brief index of attachments
- Receipts for damages
Step 5: File with prosecutor (common route) or appropriate court (for certain minor offenses)
Follow the subpoena/counter-affidavit process if applicable.
Step 6: Track the case into court
Attend arraignment and hearings; keep originals of documents and organized copies.
Step 7: Prove both the criminal charge and the civil damages
Medical testimony/records anchor seriousness; receipts anchor damages.
14) Frequently encountered questions (Philippine context)
“Can the case be filed even if the bruises are gone?”
Yes. The key is credible medical documentation and testimony. Delays make proof harder.
“If the other party asks forgiveness and pays, is the case finished?”
Payment can address civil damages and affect willingness to pursue, but criminal prosecution is not automatically extinguished by private settlement for public crimes. In practice, cooperation and evidence availability heavily affect continuation.
“What if both sides were injured?”
It’s common for cross-complaints to be filed. The prosecutor/court will assess who was the aggressor, credibility, and medical findings.
“Is a police blotter enough?”
No. A blotter helps record an incident, but a case needs affidavits and evidence.
“Does the number of days in the medical certificate decide the charge forever?”
It strongly influences the charge, but it can be challenged or re-evaluated depending on testimony and further medical evidence.
Conclusion
Filing a physical injury case in the Philippines is not just “reporting an assault.” It is a structured legal process where the correct charge (physical injuries vs attempted homicide vs negligence vs special-law offenses), proper forum (barangay/prosecutor/court), and quality of medical and corroborating evidence largely determine whether the case moves forward and how it ends—criminally and civilly.