Filing a physical assault case in the Philippines involves a mix of criminal law, procedure, and practical steps on the ground—from the barangay up to the trial court. This guide walks through the process in a structured way, in Philippine context, from “I was assaulted—what now?” all the way to judgment and damages.

Important note: This is general legal information, not a substitute for advice from a lawyer who has seen your specific facts.

1. What Is “Physical Assault” in Philippine Law?

In everyday language, people say “assault” for any physical attack. Under Philippine law, that conduct is usually punished under the Revised Penal Code (RPC) and related special laws using different names:

Serious Physical Injuries (Art. 263, RPC)
Less Serious Physical Injuries (Art. 265, RPC)
Slight Physical Injuries and Maltreatment (Art. 266, RPC)
Frustrated or Attempted Homicide, Murder, Parricide, etc., if there was intent to kill
Physical harm within domestic violence cases – covered by RA 9262 (Anti-VAWC) if the victim is a woman or her child and the offender is a spouse/partner or in a similar relationship
Physical abuse of children – often prosecuted under RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)

“Assault” itself also appears in concepts like direct assault (attacking a person in authority) but that’s more about the status of the victim than the injury itself.

In short: the law does not have just one offense called “physical assault”; instead, it classifies the act based on severity of injury, intent, relationship of the parties, and circumstances.

2. How Does the Law Classify Physical Injuries?

The classification affects penalty, prescriptive period (time limit to file), and sometimes whether barangay conciliation is required.

2.1 Serious Physical Injuries (Art. 263, RPC)

Generally, injuries are “serious” if they cause any of the following (simplified):

Loss of an eye, hand, foot, arm, leg, or use of any such
Permanent deformity or disability
Insanity or imbecility
Illness or incapacity for work beyond a long specified period (e.g., more than 30 days)

These typically carry heavier penalties (afflictive penalties).

2.2 Less Serious Physical Injuries (Art. 265, RPC)

Usually involve injuries that:

Caused incapacity for labor (or medical treatment) for more than 10 days but not beyond 30 days
Caused some temporary but more than trivial suffering, but not meeting the standards for “serious”

Penalties here are lower than for serious injuries but still significant, often involving imprisonment.

2.3 Slight Physical Injuries and Maltreatment (Art. 266, RPC)

These cover cases like:

Injuries that heal in 1–9 days, or
Ill-treatment that does not cause serious or lasting injury (e.g., slapping, hair-pulling, minor bruises), but still constitutes physical harm

These are often classified as light offenses, with lighter penalties and shorter time limits for prosecution.

3. When Does a Physical Attack Become a Crime?

A physical altercation becomes a criminal offense if the following basic elements are present:

Offender inflicted physical harm on another person.
Injury or harm is unlawful (no valid self-defense, defense of relatives, accident, etc.).
There is no lawful justification (e.g., legitimate law enforcement using reasonable force).
The nature and extent of the injury fit one of the categories under the RPC or special laws.

Sometimes, even attempted acts (swinging a weapon but missing) can be criminal, under attempted or frustrated stages of offenses like homicide.

4. Immediate Steps for Victims

If you are assaulted, the law is important—but safety and health come first. The steps below are both practical and legal:

4.1 Ensure Your Safety

Get away from the attacker.
Go to a safe place (friend’s house, police station, barangay hall, hospital).

4.2 Seek Medical Attention

Go to a hospital or clinic as soon as possible.
Tell the doctor or nurse that the injuries were caused by an assault.
Request a medical certificate describing:
- Nature and extent of injuries
- Number of days of healing or incapacity

Later, you may also request a medico-legal examination from a government doctor (e.g., at a government hospital or PNP Crime Lab). The medico-legal report is powerful evidence in court.

4.3 Document the Incident

Take photos of injuries, the scene, damaged objects, etc.
Keep receipts of medical expenses.
Write down a timeline: what happened, when, where, who saw it.
Get the names and contact details of witnesses.

4.4 Report to Authorities (Barangay and/or Police)

You may choose one or both of these depending on the situation:

Barangay (Lupong Tagapamayapa) – especially if the assailant is a neighbor or from the same barangay, and the offense is relatively minor.
Philippine National Police (PNP) – for any assault, and especially for serious injuries, domestic violence, child abuse, or when the assailant is unknown or armed.

5. Barangay-level Remedies: Katarungang Pambarangay

The Katarungang Pambarangay system (Barangay Justice System) is a local mediation and conciliation mechanism. For many disputes between residents of the same city/municipality, barangay conciliation is a condition precedent before going to court.

5.1 When Barangay Conciliation Is Usually Required

Typically required when:

The parties live in the same city or municipality, and
The case involves offenses punishable by relatively light penalties (like slight or some less serious physical injuries), and
No exceptions apply (see below).

You go to the barangay hall of either party (usually the barangay where the offense occurred or where the respondent resides) and have the incident recorded in the barangay blotter.

The Punong Barangay (Barangay Captain) will:

Attempt mediation.
If unsuccessful, refer the case to the Lupong Tagapamayapa for conciliation.

5.2 When Barangay Conciliation Is NOT Required

Conciliation may not be required when, for example:

The offense carries a higher penalty than what the Katarungang Pambarangay covers (e.g., serious physical injuries, attempted homicide).
One party is a government officer/employee acting in an official capacity.
The parties do not reside in the same city or municipality.
The case involves a real property dispute in different cities/municipalities, or other specific exclusions under the Local Government Code and related issuances.
Cases involving violence against women and children (RA 9262) or child abuse (RA 7610) are generally treated as more serious and often directly filed with police/prosecutor.

5.3 Outcomes at the Barangay

Possible outcomes:

Amicable Settlement – written compromise agreement signed by parties; it has the effect of a final judgment if not repudiated within the period allowed.
Arbitration Award – the Barangay Captain or Lupon decides the dispute upon agreement of the parties to submit to arbitration.
Failure of Settlement – the barangay issues a Certification to File Action (CFA), a document usually required if you later file in court or with the prosecutor for covered cases.

Remember: settlements cannot legalize a crime but may affect penalties, civil liability, and whether the offended party continues to cooperate.

6. Reporting to the Police

You can go directly to the PNP station (often to the Women and Children Protection Desk if applicable).

6.1 Filing a Police Blotter

Narrate what happened; the desk officer writes an incident record or police blotter entry.
Read the entry carefully before signing.
Ask for a certified copy of the blotter entry; this is evidence that you reported the incident.

6.2 Arrest Without Warrant

Police can arrest without a warrant in limited situations, such as:

In flagrante delicto – the crime is happening in their presence.
Hot pursuit – the crime has just been committed, and they have personal knowledge of facts indicating the person to be arrested committed it.

If the offender is not caught immediately, the usual path is:

Identifying the suspect
Filing a complaint-affidavit with the Office of the City/Provincial Prosecutor
Waiting for a preliminary investigation and later issuance of a warrant by the court.

7. Filing the Criminal Case: The Prosecutor’s Office

Most criminal cases for physical assault (except some very minor ones) begin with a complaint-affidavit filed before the Prosecutor’s Office.

7.1 The Complaint-Affidavit

This is a sworn statement of the victim (or authorized representative) that should contain:

Personal details of complainant and respondent (name, address, status, etc.)
Detailed narration of facts in chronological order
Specific acts done by the respondent (not just conclusions like “he assaulted me”)
Injuries suffered, supported by medical certificates
Reference to witnesses and attached affidavits of witnesses, if any
Attachments:
- Medical certificate / medico-legal report
- Photos of injuries
- Police or barangay blotter
- Any CCTV, video, or audio evidence (with proper description)

You sign it before a prosecutor, notary public, or authorized officer, who administers the oath.

7.2 Inquest vs. Regular Preliminary Investigation

Inquest – If the suspect was arrested without a warrant and is detained, the prosecutor conducts an inquest to determine if the arrest was lawful and if there is probable cause to file charges immediately in court. The detained person may:
- Submit a counter-affidavit during inquest; or
- Sign a waiver of Article 125, allowing the prosecutor to convert the inquest to a regular preliminary investigation and file a counter-affidavit later.
Regular Preliminary Investigation – Usually for cases without immediate arrest:
1. Complainant files complaint-affidavit with evidence.
2. Prosecutor issues subpoena to the respondent, attaching the complaint and supporting documents.
3. Respondent files counter-affidavit and evidence.
4. Complainant may file a reply (if allowed).
5. Prosecutor resolves the case based on written submissions (sometimes with clarificatory hearings).

7.3 Resolution of the Prosecutor

The prosecutor issues a Resolution:

Finding probable cause – leading to the filing of an Information in the proper court.
Dismissing the complaint – for lack of probable cause.

Either side may commonly file a Motion for Reconsideration with the same prosecutor or appeal to the Department of Justice, subject to procedural rules and timelines.

8. The Court Process (Criminal Case Proper)

Once the prosecutor finds probable cause, an Information is filed in the Municipal/Metropolitan Trial Court or Regional Trial Court, depending on the offense and penalty.

8.1 Issuance of Warrant or Summons

The judge personally evaluates the Information and supporting evidence.
If probable cause exists, the court issues a warrant of arrest.
For some lesser offenses, the court may issue a summons instead of a warrant.

8.2 Bail

If arrested, the accused may:

Apply for bail, which is a matter of right or discretion depending on the gravity of the offense and evidence of guilt.
Post cash bail or surety bond, or sometimes property bond, subject to court approval.

8.3 Arraignment and Plea

The accused is formally informed of the charge in open court.
The Information is read (or waived reading if accused and counsel agree).
The accused enters a plea (guilty/not guilty; sometimes a plea to a lesser offense with prosecution consent and court approval).

8.4 Pre-Trial

At pre-trial, the court and parties:

Mark and stipulate on evidence
Identify issues to be tried
Consider plea-bargaining
Explore possible settlement as to civil damages (criminal liability cannot simply be “settled away” for public offenses, but civil aspects may be compromised)

A Pre-Trial Order is issued to control the course of the trial.

8.5 Trial Proper

Typical sequence:

Prosecution’s presentation of evidence
- Testimony of the victim, witnesses, medico-legal officer, investigating officers
- Documentary evidence: medical reports, pictures, receipts, blotters, etc.
- Cross-examination by defense.
Motion for leave to file demurrer to evidence (optional)
- Defense may argue that prosecution’s evidence is insufficient even before presenting its own.
Defense’s presentation of evidence
- Accused may testify (or choose not to, being presumed innocent)
- Witnesses, alibi, defenses like self-defense.
Formal offer of evidence by both sides.

8.6 Decision, Sentencing, and Appeal

The court will:

Decide whether the accused is guilty beyond reasonable doubt.
If guilty, impose the appropriate penalty and civil liabilities (damages).
Either party may file:
- A Motion for Reconsideration/New Trial
- An appeal within the period allowed by law and rules.

9. Civil Liability Arising from Physical Assault

A physical assault almost always involves civil liability, even if the victim doesn’t file a separate civil case.

9.1 Civil Action Deemed Instituted

Under the rules, when a criminal case is filed, the civil action for damages is generally deemed included and instituted with it, unless the offended party:

Expressly reserves the right to file a separate civil action, or
Already filed a civil case before the criminal case.

The court may award:

Actual or compensatory damages – medical expenses, lost wages, etc.
Moral damages – pain, suffering, mental anguish.
Exemplary damages – to set an example and deter similar acts.
Attorney’s fees and litigation expenses, in proper cases.

9.2 Separate Civil Actions

Victims may base separate civil actions on provisions of the Civil Code (e.g., quasi-delicts or torts), particularly if:

They want to sue additional liable parties (like employers)
There are strategic reasons to file a civil case independent of or ahead of the criminal case, subject to rules on prejudicial questions and reservations.

10. Special Contexts: Domestic Violence, Child Victims, and Others

Physical assault may fall under special laws that provide additional protection and remedies.

10.1 Violence Against Women and Their Children (VAWC – RA 9262)

When the offender is:

A husband, former husband, or
A person with or had a sexual or dating relationship with the woman, or
One with whom the woman has a common child,

and he commits physical, sexual, psychological, or economic abuse—RA 9262 applies.

Features:

Victim can apply for Protection Orders:
- Barangay Protection Order (BPO) – short-term immediate relief from the barangay
- Temporary & Permanent Protection Orders (TPO/PPO) – issued by courts

These can order the abuser to stay away, vacate the residence, and refrain from contact or harassment, among many other reliefs.

10.2 Child Abuse (RA 7610 and Related Laws)

If the victim is a child, physical assault may be prosecuted as:

Child abuse, cruelty, or exploitation under RA 7610
Serious, less serious, slight physical injuries under the RPC but with heavier penalties because the victim is a minor
Schools, guardians, and institutions may have additional administrative liability.

Children are typically dealt with by specialized units (e.g., Women and Children Protection Centers), and their participation in the process is often handled with heightened sensitivity.

10.3 Persons in Authority and Public Officers

If the victim is a person in authority (e.g., a barangay chairman) or his/her agent while in performance of official duties, the offense may become direct assault (with physical injuries), which carries heavier penalties.

11. Defenses Commonly Raised in Physical Assault Cases

Understanding possible defenses helps in preparing your case (as victim or accused).

11.1 Self-Defense

A classic justifying circumstance—no criminal liability if all requisites are met:

Unlawful aggression by the victim
Reasonable necessity of the means employed to prevent or repel it
Lack of sufficient provocation on the part of the defender

Self-defense, if fully established, erases criminal liability (but may still leave some civil liability in specific situations).

11.2 Defense of Relatives or Strangers

Similar to self-defense, but the defender is protecting:

A relative (parent, spouse, child, etc.), or
Even a stranger, under certain conditions.

11.3 Accident, Lack of Intent, or Absence of Injury

If the harm was purely accidental without negligence, liability might be reduced or removed.
Sometimes the accused claims there was no injury or the injuries were self-inflicted or exaggerated.

11.4 Minority and Other Mitigating Circumstances

If the offender is a minor, special rules under the Juvenile Justice and Welfare Act apply.
Other mitigating factors (voluntary surrender, lack of intent to commit so grave a wrong, provocation, etc.) can lower penalties.

12. Evidence in Physical Assault Cases

Winning a physical assault case often hinges not on “who’s right,” but on who has better evidence.

Important evidence includes:

Testimony of the victim – Clear, consistent, and credible narration is crucial.
Witness testimonies – Eyewitnesses to the assault, people who saw injuries, etc.
Medical and medico-legal reports – Objective proof of injuries and healing period.
Photographs and videos – Injuries, scene, CCTV, phone recordings.
Weapons or objects used – Properly collected and documented.
Police and barangay records – Blotter entries, incident reports, referral letters.
Text messages, chats, and social media posts – Threats, admissions, or context.

The chain of custody and proper authentication of evidence are important for admissibility.

13. Time Limits and Prescription

Criminal offenses must be filed within certain prescriptive periods; otherwise, the right to prosecute is lost. In general:

More serious crimes (with higher penalties) have longer prescriptive periods (often many years).
Light offenses like some slight physical injuries may prescribe in a matter of months, not years.

Because the exact period depends on the statutory penalty and classification of the offense, it’s crucial to:

Act promptly after the incident.
Consult the Revised Penal Code and amendments (e.g., RA 10951) or a lawyer to check the exact prescriptive period for your specific case.

14. Common Misconceptions

14.1 “If We Sign a Settlement, the Case Automatically Disappears”

Not always. For public crimes (which include most physical injuries), the State prosecutes the case in the name of the People of the Philippines. A private settlement:

May influence the court’s view on penalties and damages
Might lead the victim to file an affidavit of desistance, but
Does not automatically oblige the prosecutor or court to dismiss the case.

14.2 “If I Withdraw My Complaint, the Government Must Stop”

Again, not always. Once the prosecutor finds probable cause and the case is filed in court, dismissal is no longer solely up to the complainant. The court must consider the interest of the State.

14.3 “A Minor Injury Is Not Worth Filing a Case For”

Even slight physical injuries:

Are legally recognized
May be important in patterns of abuse (e.g., domestic violence)
Can support protective orders and future cases

15. Where to Get Help

You don’t have to navigate the process alone. Assistance may be available from:

Public Attorney’s Office (PAO) – Free legal assistance for qualified indigent clients.
Integrated Bar of the Philippines (IBP) – Legal aid clinics in different chapters.
Law school legal aid clinics – Supervised by lawyers, often taking selected cases.
Women and Children Protection Desks (PNP) – Specially trained officers for vulnerable victims.
Social workers and NGOs – Especially in cases involving domestic violence and child abuse.

16. Summary: Big Picture of Filing a Physical Assault Case

Ensure safety and get medical help.
Document everything – injuries, events, witnesses.
Report to the barangay and/or police, depending on circumstances.
File a complaint-affidavit with supporting evidence at the Prosecutor’s Office.
Participate in preliminary investigation; respond to subpoenas and hearings.
If an Information is filed, the case proceeds in court: arraignment, pre-trial, trial, judgment.
Civil damages (medical bills, moral and exemplary damages) are usually tackled together with the criminal case.
Understand special laws (VAWC, child protection) if applicable, as they give extra remedies like protection orders.
Consult a lawyer to tailor all these general principles to your specific facts and deadlines.

Knowing the legal framework and the step-by-step process makes it easier to assert your rights—whether you are a victim seeking justice or an accused person asserting your defenses within the rule of law in the Philippines.