1) What the law considers “slapping” or “minor physical assault”

In Philippine criminal law, a slap, push, or other minor physical assault is typically prosecuted under crimes against persons in the Revised Penal Code (RPC)—most commonly as Physical Injuries. Depending on the circumstance, it may also be treated as:

Maltreatment (ill-treatment) without causing injuries (a form of Less Serious Physical Injuries under the RPC) when there is violence but no medically determinable injury or incapacity;
Slight Physical Injuries (the most common for a slap that leaves redness, swelling, or brief pain); or
Grave Threats / Light Threats, Unjust Vexation, Slander by Deed, or other related offenses in special fact patterns.

If the victim is a woman or child and the offender is a current or former intimate partner (or has a dating or sexual relationship, or they have a child in common), then the act may fall under R.A. 9262 (Violence Against Women and Their Children) as physical violence, regardless of whether the injury is “minor” in ordinary terms. If the victim is a child, child abuse rules (e.g., R.A. 7610) may also apply depending on the facts.

2) The main criminal classifications under the Revised Penal Code

A. Physical Injuries (RPC) – the usual route

Physical Injuries are classified primarily by (1) the seriousness of the injury and (2) the period of medical treatment or incapacity for work.

Slight Physical Injuries (SPI) Generally covers minor harm such as pain, redness, bruising, or swelling that:

causes incapacity for labor of 1 to 9 days, or
requires medical attendance for 1 to 9 days, or
does not prevent work but is otherwise minor and provable.

A slap that leaves visible marks or pain for a short period is commonly charged here.

Less Serious Physical Injuries (LSPI) Generally covers injuries requiring medical attendance or causing incapacity for 10 to 30 days.
Serious Physical Injuries (SPI – serious) Generally covers injuries causing incapacity or medical attendance for more than 30 days, or involving enumerated serious consequences (loss of a body part, loss of use, deformity, insanity, etc.). This is less likely for a mere slap unless it results in grave harm.

B. Maltreatment (ill-treatment) without causing injury

If there is violence but the harm does not rise to measurable injury or treatment/incapacity (e.g., a slap with no lingering pain, mark, or medical finding), prosecutors sometimes consider maltreatment as a form of Less Serious Physical Injuries.

C. Slander by deed / Unjust vexation and “context crimes”

Sometimes a slap is framed as an insult more than an injury:

Slander by Deed may apply if the act is primarily intended to dishonor or humiliate (e.g., a slap in public meant to shame).
Unjust Vexation may be used when the act causes annoyance, irritation, or distress but doesn’t squarely fit another offense. In practice, prosecutors often prefer Physical Injuries if any injury can be documented.

3) When the case becomes VAWC (R.A. 9262) instead of “physical injuries”

A single slap may be prosecuted as VAWC if:

The victim is a woman and the offender is a husband, former husband, or someone with whom she has or had a dating/sexual relationship, or they have a child in common; or
The victim is the child of such woman, and the offender’s act constitutes violence against the child covered by the law.

Key practical effects:

VAWC can be filed even for “minor” harm if it falls within physical violence (bodily harm) and the relationship requirement is met.
Protective remedies (like a Barangay Protection Order in certain cases, and court-issued protection orders) may also be relevant.

4) Where to file: your main options

You can pursue a criminal complaint through one or more of these channels:

A. Barangay (Katarungang Pambarangay) – often required first for many disputes

For many minor offenses where parties live in the same city/municipality, the Lupon Tagapamayapa process may be required before going to court. The barangay may:

Call you and the respondent for mediation/conciliation; and
Issue a Certificate to File Action if settlement fails, which is often necessary to proceed.

Important exceptions may apply (e.g., urgent cases, certain relationships/circumstances, cases where barangay conciliation is not required by law, or if the respondent lives in a different locality). Even when barangay is not required, it can still be used for immediate documentation and local intervention.

B. Prosecutor’s Office (Office of the City/Provincial Prosecutor) – the usual route for filing criminal cases

This is the standard path for most physical injuries and many related crimes:

You file a criminal complaint-affidavit with supporting evidence.
The prosecutor conducts preliminary investigation or inquest (depending on whether there was a warrantless arrest).
If probable cause is found, an Information is filed in court.

C. Police / Women and Children Protection Desk (WCPD)

The police can:

Document the incident via blotter, take statements, and help you obtain a medico-legal exam.
If VAWC or child-related, the WCPD is a specialized channel.

D. Direct filing in court (limited situations)

Certain minor offenses may be filed under rules on summary procedure or where the law allows direct filing. Practically, many people still go through the prosecutor for screening and preparation.

5) Evidence: what matters most in “slap/minor assault” cases

Because a slap can be brief and often happens without neutral witnesses, evidence quality is critical.

A. Medico-Legal Certificate (high value)

A medico-legal examination documents:

Physical findings (redness, swelling, contusion, abrasion);
Estimated healing time; and
Whether medical attendance is needed.

If you can, get examined as soon as possible. Even minor injuries can fade quickly.

B. Photographs and videos

Take clear photos of the injury from multiple angles, with timestamps if possible.
If there is CCTV (store, building, street), request a copy immediately because many systems overwrite footage.

C. Witnesses and sworn statements

Eyewitnesses are strong, but even “after-the-fact” witnesses (who saw you immediately after, heard the commotion, or observed injuries) may corroborate.
Secure affidavits early while memories are fresh.

D. Messages, calls, admissions, and prior incidents

Screenshots of threats, apologies, admissions, or harassment can support intent and context.
Prior incidents can help show pattern (especially relevant in VAWC contexts).

E. Police blotter / barangay records

These provide contemporaneous documentation of the incident and your report.

6) Step-by-step: how a criminal complaint is typically filed

Step 1: Prioritize safety and documentation

Move to safety; seek immediate medical attention if needed.
Report to police/barangay to create an official record.
Get a medico-legal exam.

Step 2: Decide the legal theory (charge)

Based on the facts, the complaint may allege:

Slight Physical Injuries (most common);
Less Serious Physical Injuries (if days of incapacity/treatment are longer);
Maltreatment (if violence but no injury);
Slander by deed (if humiliation is central); or
VAWC (if relationship + woman/child coverage applies).

You do not need perfect legal labeling as a complainant; prosecutors can determine the proper charge based on facts. Still, a well-framed complaint helps.

Step 3: Prepare the Complaint-Affidavit

A complaint-affidavit typically includes:

Your identity and details (name, address, etc.);
The respondent’s identity and address (as best as you know);
A chronological narration: date, time, place, what happened, what was said/done, injuries felt/seen, immediate aftermath;
Any relationship background if relevant (especially for VAWC);
List and attach evidence: medico-legal, photos, screenshots, CCTV, police/barangay records, witness affidavits.

Your affidavit is sworn before a prosecutor’s office, notary public, or authorized administering officer (depending on local practice).

Step 4: Filing and docketing at the Prosecutor’s Office

You submit:

Complaint-affidavit and annexes;
Witness affidavits (if any);
IDs and contact info;
Sometimes additional forms required by the office.

Step 5: The respondent’s counter-affidavit and hearings (if any)

The prosecutor will usually:

Issue a subpoena to the respondent to submit a counter-affidavit and evidence.
Set clarificatory hearings if necessary (often, cases are resolved on affidavits).

Step 6: Prosecutor’s resolution

Possible outcomes:

Dismissal (insufficient evidence/probable cause not found);
Filing of Information in court (probable cause found);
Recommendation for a different charge than what you alleged.

Step 7: Court phase

If filed in court:

The court may issue summons or warrant depending on circumstances.
Arraignment, pre-trial, trial, and judgment follow.
Many minor cases proceed under summary procedure depending on the charge and penalty.

7) Timelines, “prescription,” and why acting quickly matters

Criminal cases have prescriptive periods (deadlines) that vary by offense and penalty. Minor offenses can prescribe sooner than major crimes. Even if you are within the deadline, delay can hurt because:

injuries heal and become harder to prove medically,
CCTV is overwritten,
witnesses become harder to locate and less reliable.

8) Common defenses you should anticipate

In slap/minor assault cases, respondents commonly claim:

It did not happen (denial);
No injury or “it was accidental”;
Self-defense (you allegedly attacked first; they claim reasonable force);
Defense of relatives/strangers;
Mutual fight (attempting to reduce credibility and show both were aggressors);
Fabrication motivated by jealousy, revenge, money, or workplace issues.

Your best counters are objective evidence: medico-legal findings, credible witnesses, consistent narration, prompt reporting, and any admissions.

9) Special settings and enhanced considerations

A. Workplace incidents

A slap at work may trigger:

Criminal liability (physical injuries),
Administrative proceedings (HR discipline),
Possible civil claims (damages) depending on circumstances.

B. Public humiliation

If the slap is clearly intended to shame you in public, prosecutors sometimes consider slander by deed alongside or instead of physical injuries—especially if injuries are minimal.

C. Minors, students, teachers

If a child is involved (victim or offender), special child-protection and juvenile justice processes may apply. The legal pathway can shift significantly depending on ages and relationships.

D. Intimate relationships (VAWC)

If the offender is an intimate partner or falls within R.A. 9262’s relationship coverage, consider that:

A “minor” slap can still be treated as physical violence.
The pattern of controlling behavior, threats, stalking, financial abuse, or emotional abuse can be relevant.

10) Settlement, compromise, and what can (and can’t) be “fixed” at the barangay

Whether a case can be settled depends on the offense and how it is legally classified:

Some minor offenses are compromiseable in practice through barangay conciliation or amicable settlement, but criminal liability is not always something parties can privately erase once the prosecutor or court takes jurisdiction.
Once a case is filed in court, withdrawal and dismissal become more constrained and depend on legal rules and prosecutorial/court discretion.

It’s important to understand that:

Signing an affidavit of desistance does not automatically end a criminal case once the state is already prosecuting; it is merely a piece of evidence the prosecutor/court may consider depending on the offense.

11) Civil liability and damages (alongside criminal case)

In Philippine practice, a criminal act that causes injury can carry civil liability—such as:

medical expenses,
lost income (if any),
moral damages (depending on proof and circumstances),
other damages recognized by law.

Often, civil liability is addressed within the criminal case, but it can also be pursued separately in some situations.

12) Practical drafting guide: what your affidavit should say (substance, not form)

A strong complaint-affidavit usually contains:

Exact details: “On (date) at around (time), at (place)…”
The act: “(Name) slapped me with (left/right) hand on my (cheek/mouth)…”
Force and immediate effect: “I felt pain, dizziness, ringing ears, etc.”
Visible injury: redness, swelling, bruise—describe, then attach photos.
Medical documentation: state when/where you were examined; attach medico-legal.
Witnesses: identify who saw/heard what.
Aftermath: threats, apologies, attempts to intimidate, subsequent messages.
Relationship context (if VAWC or ongoing dispute): prior incidents and control/abuse dynamics.
Relief sought: request prosecution under applicable law and attachment of evidence.

Consistency matters. Avoid exaggeration; be precise and factual.

13) What to expect emotionally and procedurally

Minor assault cases can feel “small” to outsiders but can be deeply humiliating or frightening. Procedurally, they can still take time. Expect:

multiple appearances (barangay sessions, prosecutor’s submissions, possible hearings),
requests for additional documents,
delays if the respondent evades service or fails to appear.

The best way to reduce friction is to file with complete, organized evidence and a clear narrative from the start.

14) Quick reference: choosing the most likely legal route

You have visible marks or documented pain → usually Slight Physical Injuries (RPC).
Injury affects work/treatment around 10–30 days → usually Less Serious Physical Injuries.
No clear injury, but there was violence → may be maltreatment (ill-treatment) without injury or another fitting offense.
Public insult/humiliation is central → consider slander by deed (facts-dependent).
Victim is a woman/child and offender is intimate partner/ex-partner or related under R.A. 9262 → consider VAWC, with possible protective measures.

15) Key takeaways

A slap is not “too minor” to be actionable; the law commonly treats it as physical injuries if it results in even short-lived harm that can be proved.
The medico-legal certificate and prompt reporting often determine whether a complaint succeeds.
The correct charge depends heavily on injury duration, context, and relationship (especially for VAWC).
Barangay conciliation may be a required first step in many cases, but exceptions exist and some situations call for direct prosecutor/police action.