Filing a Case for Physical Assault by a Drunk Individual in the Philippines

1. Overview

Physical assault in the Philippines is primarily prosecuted under the Revised Penal Code (RPC) as Physical Injuries or, in some situations, as other related crimes (e.g., Attempted/Frustrated Homicide, Grave Threats, Slander by Deed, Unjust Vexation). The fact that the offender was drunk does not excuse the act; at most it may affect the penalty depending on the circumstances of intoxication.

This article explains what cases may be filed, how to choose the correct charge, the process from reporting to trial, evidentiary needs, possible defenses, and what remedies victims may seek.

2. Key Laws That Apply

  1. Revised Penal Code (Act No. 3815)

    • Articles 262–266: Physical Injuries

      • Serious Physical Injuries (Art. 263)
      • Less Serious Physical Injuries (Art. 265)
      • Slight Physical Injuries and Maltreatment (Art. 266)

    • Articles 6 & 249–251 (if intent to kill is present)

      • Attempted/Frustrated/Consummated Homicide or Murder

    • Article 13 & 15

      • Mitigating and aggravating circumstances, including intoxication

  2. Civil Code of the Philippines

    • Quasi-delict / Tort liability
    • Damages for injuries, lost income, medical expenses, moral damages, etc.

  3. Local Government Code & Katarungang Pambarangay

    • Certain cases require prior barangay conciliation before going to court, unless an exception applies.

3. What Crime Fits the Assault? (Choosing the Charge)

The correct criminal charge usually depends on extent of injury and intent.

A. Physical Injuries (most common)

These are based largely on the medical certificate (medico-legal report) and the healing period/incapacity.

  1. Serious Physical Injuries (Art. 263) Filed if injuries result in any of these:

    • Incapacity for labor for more than 30 days, or
    • Need for medical attendance for more than 30 days, or
    • Loss of speech, hearing, smell, sight, limb, or function, or
    • Deformity, insanity, impotency, etc.

  2. Less Serious Physical Injuries (Art. 265)

    • Incapacity or medical attendance for 10 to 30 days.

  3. Slight Physical Injuries (Art. 266)

    • Incapacity or medical attendance for 1 to 9 days, or
    • No medical attendance needed but there was assault.

  4. Maltreatment (under Art. 266)

    • If no injury or only minor harm but there was physical violence.

B. Attempted or Frustrated Homicide/Murder

Filed when there is intent to kill, shown by:

  • Weapon used and manner of attack
  • Location/severity of wounds
  • Statements or threats during the assault
  • Persistence of attack despite resistance
  • Prior animosity

This is not based only on healing days; it hinges on intent.

4. Drunkenness: Does It Change the Case?

Being drunk does not erase criminal liability.

Under the RPC:

  • Intoxication may be mitigating only if:

    1. It was not habitual, and
    2. It was not intended to commit the crime.

  • Intoxication may be aggravating if:

    1. It is habitual, or
    2. The offender got drunk to gain courage or facilitate assault.

In practice, drunkenness usually affects penalty, not guilt.

5. Immediate Steps After the Assault

  1. Ensure safety & seek medical help

    • Go to the ER/clinic.

    • Request a medical certificate noting:

      • Nature and location of injuries
      • Probable cause
      • Estimated healing period / days of incapacity

  2. Document everything

    • Photographs of injuries (with dates if possible)
    • Torn clothing, blood-stained items
    • CCTV footage (ask for a copy promptly)
    • Names/contact details of witnesses

  3. Report to the police

    • File a police blotter report at the nearest station.
    • Ask for a copy of the blotter entry.

6. Barangay Conciliation: Is It Required?

Under Katarungang Pambarangay, many minor offenses require filing first at the barangay for mediation if:

  • both parties live in the same city/municipality, AND
  • the offense is not among exceptions.

Common exceptions (you may proceed directly to prosecutor/court):

  • If the accused is not a resident of the same city/municipality
  • If there is urgent necessity (e.g., imminent danger, need for immediate legal action)
  • If the case involves serious crimes
  • If the offender is a public officer in relation to duty
  • If a corporation or government entity is involved
  • If you are seeking provisional remedies like protection orders (context-specific)

If barangay conciliation applies and you skip it, your case might be dismissed for being premature.

7. Filing the Criminal Case (Regular Path)

Step 1: Prepare your complaint

Include:

  • A narrative affidavit (what happened, where, when, how)
  • Medical certificate and photos
  • Witness affidavits
  • Other evidence (CCTV, objects used, chat threats, etc.)

Step 2: File with the Office of the City/Provincial Prosecutor

  • This starts the preliminary investigation (for cases requiring it).
  • For very minor cases, a summary procedure may apply.

Step 3: Preliminary Investigation

  • Prosecutor evaluates probable cause.

  • Accused may file counter-affidavit.

  • You may reply.

  • Prosecutor issues resolution:

    • Dismissal, or
    • Information filed in court.

Step 4: Court Phase

Once filed:

  • Arraignment
  • Pre-trial
  • Trial
  • Judgment

8. Arrest, Detention, and Bail

  1. When can police arrest without a warrant?

    • If caught in flagrante delicto (in the act), or
    • If a crime just occurred and police have probable cause based on personal knowledge.

  2. Bail

    • Physical injuries cases are typically bailable.
    • Bail amount depends on charge severity.

9. Evidence That Matters Most

  1. Medical Certificate / Medico-Legal

    • Determines seriousness category
    • Best secured as soon as possible

  2. Your sworn affidavit

    • Must be detailed, chronological, and consistent

  3. Witnesses

    • Neutral witnesses (not relatives/friends) can be very strong

  4. Video/CCTV

    • Often decisive if clear and authenticated

  5. Physical Evidence

    • Weapon or objects used
    • Damaged property or clothing

10. Civil Remedies (Damages)

Criminal cases can include civil liability automatically unless you reserve your right to file separately.

You may claim:

  • Actual damages: medical bills, therapy, medicine, repair costs
  • Loss of income: wages lost due to incapacity
  • Moral damages: emotional suffering, trauma
  • Exemplary damages: if aggravating circumstances exist
  • Attorney’s fees (in proper cases)

Keep receipts and proof of cost.

11. Possible Defenses You Should Expect

  1. Self-defense / defense of others

    • Accused must prove unlawful aggression from you, reasonable necessity of means, and lack of sufficient provocation.

  2. Denial / alibi

    • Often weak unless supported by strong evidence.

  3. Intoxication

    • As explained, only affects penalty unless extreme intoxication reaches insanity level (rare and heavily scrutinized).

  4. Accident

    • Accused may claim no intent and no negligence.

Being prepared for these helps you frame your affidavits and evidence.

12. Prescription (Time Limits)

Criminal cases have prescriptive periods depending on penalty level. In general:

  • Slight physical injuries prescribe faster than serious injuries.
  • More serious crimes like attempted/frustrated homicide have longer periods.

Because time limits vary by charge, it is safest to file promptly, ideally within days or weeks after incident.

13. Strategic Tips for Victims

  • Secure medical documentation immediately.
  • Do not exaggerate injuries; credibility is vital.
  • Get witness affidavits early while memories are fresh.
  • Preserve digital evidence in original form.
  • Follow barangay procedures if required, unless clearly exempt.
  • If there are repeated incidents or threats, consider asking a lawyer about additional charges (e.g., grave threats, harassment).
  • If you fear retaliation, ask about protective measures available through courts or local authorities.

14. Special Situations

  1. Group assault

    • Multiple offenders can be charged as principals.
    • Conspiracy may be inferred from coordinated acts.

  2. Assault with a weapon

    • May raise the case to more serious injuries or attempted homicide.
    • Can introduce aggravating circumstances.

  3. Assault in public with humiliation

    • May add related offenses like slander by deed.

  4. Domestic or intimate partner violence

    • If the offender is a spouse/partner, a specialized framework applies (different procedures and remedies). You should consult counsel promptly.

15. When to Consult a Lawyer

You can file on your own, but a lawyer is strongly recommended if:

  • Injuries are serious
  • There’s a weapon involved
  • There is intent to kill
  • The accused is influential or you fear pressure
  • You want to maximize civil damages
  • You’re unsure about barangay requirements

A lawyer can help draft affidavits, select correct charges, and protect you during investigation and trial.

Closing Note

This is a general Philippine legal overview, not a substitute for advice on your specific facts. Assault cases turn on details like injury severity, intent, location, witness availability, and residency of parties (for barangay rules). If you want, you can share a factual summary of what happened and the injuries involved, and I can map it to likely charges and next steps in a careful, practical way.

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

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