Filing Criminal and Civil Cases for Slight Physical Injuries in the Philippines

A practical, step-by-step legal guide (Philippine context)

Quick definition: “Slight physical injuries” is the lightest category of physical-injury crimes under the Revised Penal Code (RPC). It generally covers (a) injuries that incapacitate a person for work from 1 to 9 days or require medical attendance for the same period; (b) injuries that neither incapacitate nor require medical attention; and (c) ill-treatment that does not cause injury. It is a light felony.

1) How the law classifies physical injuries

Under the RPC, physical injuries are classified by the degree of harm and days of incapacity/medical attendance:

Serious physical injuries – long periods of incapacity, deformity, loss of organ, etc.
Less serious physical injuries – 10 to 30 days incapacity/medical attendance.
Slight physical injuries and maltreatment – 1 to 9 days incapacity/medical attendance, or no incapacity/medical attendance, or ill-treatment without injury.

Why it matters: the classification determines the penalty, prescription, procedure, and where you must first go (often the Barangay).

2) Penalties & key consequences (criminal case)

Penalty range: typically arresto menor (imprisonment in days) and/or a fine (amounts are set by statute and have been adjusted by later laws). Courts may also award civil damages together with conviction.
Bailable: as a light offense, it is bailable as a matter of right.
Prescription (criminal): light offenses generally prescribe in two (2) months from discovery of the offense and the identity of the offender. Timeliness is critical (see §9 below).

3) Before filing: Barangay Justice is usually mandatory

Most slight physical-injury cases must go through Katarungang Pambarangay (KP) conciliation first when:

Both parties are natural persons;
They live in the same city/municipality; and
No statutory exception applies (e.g., public officers in the performance of duty; cases with penalties beyond KP’s thresholds; parties reside in different cities/municipalities with no agreement to conciliate, etc.).

Process & timeline (typical):

File a complaint with the Punong Barangay of the respondent’s barangay (or where the incident occurred).
Mediation by the Punong Barangay (usually within a few days).
If unresolved, formation of a Pangkat Tagapagkasundo for conciliation.
If still unresolved, you receive a Certification to File Action (CFA).
Effect on prescription: Filing at the Barangay interrupts the prescriptive period; the clock resumes when you receive the CFA or the settlement is repudiated.

No CFA, no case: Courts and prosecutors regularly dismiss slight-injury cases filed without the CFA when KP applies.

4) Evidence you should prepare

Medico-legal/medical certificate from a physician (DOH hospital, PNP/CIDG medico-legal, or licensed private physician). It should state findings and days of medical attendance/incapacity—this defines the offense level.
Photographs/videos of injuries and the scene (date-stamped if possible).
Witness affidavits (narrative, specific, and consistent).
Identification of the assailant, and proof of identity/age of parties.
KP documents (complaint, minutes, CFA).
Receipts for expenses (medicine, transport, lost wages); proof of income for loss-of-earning-capacity claims.

Practical tip: keep a timeline (what, when, where, who, how; include any CCTV, body-cams, messages, threats).

5) Where and how to file the criminal case

A. With the Prosecutor’s Office (usual path)

Submit a Complaint-Affidavit (narrating facts in chronological order).
Attach: medical certificate, photos, IDs, witness affidavits, CFA, and other proof.
Because slight physical injuries is a light offense, the prosecutor typically does not conduct a full preliminary investigation (P.I. is required only for offenses with higher penalties). The prosecutor assesses the affidavits and, if probable cause exists, files an Information with the Municipal/Metropolitan Trial Court (MTC/MeTC).
The court may issue a warrant (if the accused has not appeared/posted bail) or set arraignment. Bail for light offenses is modest and routinely granted.

B. Inquest (if the suspect was arrested without warrant)

Rare in slight-injury cases unless the arrest falls within in flagrante or hot pursuit. The inquest prosecutor decides on immediate filing or release for further investigation.

C. Venue (criminal)

File where the offense was committed (place of assault), unless special rules apply.

6) The civil aspect: three routes for damages

You can recover damages (medical, loss of income, moral, exemplary, attorney’s fees) via any one or a combination of the routes below (subject to rules against double recovery):

Civil action ex delicto (based on the crime) – deemed instituted with the criminal case by default. You may waive, reserve, or if you already filed a civil case before the criminal case, they proceed separately (see Rule 111, Rules of Criminal Procedure).
Independent civil action under Civil Code Article 33 – for “physical injuries,” a separate civil action for damages may proceed independently of the criminal case, and only preponderance of evidence is required. No reservation is needed; it may be filed even during the criminal case.
Quasi-delict (Article 2176, Civil Code) – a tort action based on negligence (if applicable), likewise independent of the criminal case.

Prescription (civil):

Article 33 and quasi-delict actions generally prescribe in four (4) years from discovery of the injury/act.
The civil action ex delicto tracks the criminal case and is affected by its prescriptive and procedural timelines.

Venue (civil):

Typically where the plaintiff resides or where the defendant resides, per the Rules of Court.
Jurisdiction (which court) depends on the amount of damages claimed under the latest jurisdictional thresholds.

7) Damages you may claim

Actual/compensatory – hospital/clinic bills, medicines, transport, lost earnings (prove via payslips, contracts, ITRs, or credible proof).
Moral – for physical suffering and mental anguish; testimony and medical/psychological notes help.
Exemplary – to deter egregious conduct (requires showing of aggravating or wanton behavior).
Temperate – when some pecuniary loss is certain but receipts are incomplete.
Attorney’s fees and costs – in proper cases.

8) Defenses commonly raised (be ready)

Self-defense/defense of relative/stranger (requires unlawful aggression, reasonable necessity, and lack of sufficient provocation by the defender).
Accident (absence of fault or intent).
Lack of intent is not a complete defense if injury occurred, but may mitigate.
Inconsistent or incredible evidence (e.g., medical certificate contradicts claimed days of incapacity).
KP non-compliance (lack of CFA) – can cause dismissal at the outset where KP applies.

9) Deadlines and “clock management”

Criminal prescription (light offense): 2 months. Start: when the offense and offender become known to the offended party or authorities.
Interruption: Filing the case with the Barangay or Prosecutor/Court stops the clock; it resumes after final disposition (e.g., issuance of CFA, dismissal, or case termination).
Civil (independent): 4 years from discovery (Article 33 / 2176).
KP timeline: Mediation/conciliation is time-bound (generally within 15 days, extendible once), so move promptly to secure the CFA if settlement fails.

10) Special situations & overlapping laws

Violence Against Women and their Children (RA 9262): If the act occurs within an intimate or dating relationship or involves a woman or her child, prosecutors often charge under RA 9262 instead of (or in addition to) the RPC; penalties and protective-order regimes differ.
Children in conflict with the law / child victims (RA 9344, RA 7610): Special juvenile justice and child protection rules apply (diversion, privacy, counselors, specialized courts).
Workplace or school incidents: Consider parallel administrative remedies (HR, student discipline codes) in addition to criminal/civil routes.
Security/crowded venues: Secure CCTV quickly; many establishments auto-overwrite footage in 7–14 days.

11) Practical filing checklist

Medical exam ASAP; secure medico-legal certificate.
Document everything (photos, messages, CCTV requests).
Barangay: file complaint; attend mediation/conciliation; get CFA if unresolved.
Draft a concise Complaint-Affidavit (who/what/when/where/how/why + effects).
Attach evidence (medical certificate, IDs, witness affidavits, KP papers, receipts).
File with the Prosecutor (or attend inquest if applicable).
Track arraignment and hearings; prepare for mediation (criminal courts often encourage settlement for light offenses).
Decide on civil strategy:
- Let civil liability be included in the criminal case; or
- File an independent Article 33 action; or
- File a quasi-delict action (negligence).
Watch prescription clocks (criminal 2 months, independent civil 4 years).
Consider protection orders (e.g., under RA 9262) where applicable.

12) Sample outlines (for orientation only)

A. Complaint-Affidavit (criminal)

Intro: Your name, age, address; respondent’s identity (if known).
Jurisdiction/Venue: Where the incident happened.
Body:
- Date, time, place.
- Detailed narration of events (what the respondent did, how you were injured).
- Aftermath (medical treatment, days of incapacity or medical attendance).
- KP steps taken and result (attach CFA).
- Damages incurred (attach receipts).
Prayer: For the filing of Information for slight physical injuries.
Attachments: Medical certificate, photos, witness affidavits, KP documents, IDs, receipts.
Jurat: Sworn before a prosecutor/notary.

B. Civil Complaint (Article 33 or quasi-delict)

Parties and venue/jurisdiction
Cause of action: Act causing bodily injury (intentional or negligent).
Damages claimed: actual, moral, exemplary, attorney’s fees.
Prayer and verification/certification against forum shopping.

13) Settlement: should you consider it?

Courts routinely refer light offenses to mediation.
A Compromise Agreement may include: apology, payment of medical bills/lost wages, nominal moral damages, and a waiver of further claims.
Ensure the agreement is specific, signed, and approved by the court (if the criminal case is already filed) or by the Barangay (if still at KP level).

14) Common pitfalls

Filing criminal case without completing Barangay conciliation (when required).
No medical certificate or one that omits days of incapacity/attendance (leads to reclassification).
Missing the 2-month criminal prescription window.
Over/under-claiming damages without documentary support.
Inconsistent affidavits or “template” statements that look rehearsed.

15) FAQs

Q: The doctor wrote “0 day” incapacity. Is it still a crime? Yes. Slight physical injuries include injuries that do not incapacitate or do not require medical attendance, and even ill-treatment without injury.

Q: Do I need a lawyer? Not strictly to file, but a lawyer helps with strategy (criminal vs. Article 33 vs. quasi-delict), damages quantification, and court procedure. For indigent parties, seek help from the PAO.

Q: Can I file both criminal and a separate civil case? Yes. Article 33 allows an independent civil action for physical injuries. Just avoid double recovery—any award in one case must be credited in the other.

Q: Where will the criminal case be tried? Usually the MTC/MeTC of the place of the incident.

Q: What if the accused claims self-defense? The accused must credibly show unlawful aggression, reasonable necessity of the means used, and lack of sufficient provocation by the defender.

16) Final notes

The exact penalty and fine depend on statutory provisions and judicial findings (including mitigating/aggravating circumstances).
Classification turns on the doctor’s findings and credible testimony.
KP conciliation is a true gatekeeper for most slight-injury cases—do it early.
This article is general information, not legal advice. For case-specific guidance, consult a Philippine lawyer or the Public Attorney’s Office (PAO) and bring your medical certificate and CFA.