Quick answer

If you were intentionally assaulted, obtain medical treatment and a medical certificate or medico-legal report immediately, report the incident to the police, determine whether barangay conciliation is required, and file a sworn complaint-affidavit with the City or Provincial Prosecutor’s Office covering the place where the assault occurred. Attach the National Prosecution Service Investigation Data Form, medical and police records, witness affidavits, photographs, videos, and other supporting evidence.

A police blotter records the incident, but it is not a substitute for the formal criminal complaint. Do not delay: slight physical injuries and maltreatment generally prescribe in only two months. The exact charge—and whether the case involves physical injuries, attempted or frustrated homicide, violence against women and children, child abuse, or another offense—depends on the injuries, the assailant’s apparent intent, the parties’ relationship, and the surrounding facts.

First, protect your safety and health

If the attack is happening, may happen again, or caused a potentially serious injury, move to a safe place and dial 911, the Philippines’ free, 24-hour unified emergency hotline. Seek emergency treatment first; evidence collection should never delay necessary medical care.

Obtain prompt medical attention for injuries involving the head, neck, chest, abdomen, strangulation, loss of consciousness, heavy bleeding, suspected fracture, stabbing, gunfire, pregnancy, or difficulty breathing. Tell the healthcare professional accurately how each injury occurred.

Ask for copies of:

The medical certificate or medico-legal report describing the nature and extent of the injuries and the estimated treatment, healing, or incapacity period;
Emergency-room and hospital records;
Diagnostic results, including X-rays, CT scans, laboratory tests, and dental records;
Prescriptions and treatment instructions;
Follow-up reports documenting complications, scars, disability, or continued incapacity; and
A certificate stating how long you were unable to perform your usual work, when medically supportable.

The legal classification may change as the injury develops. A wound first believed minor may later result in a fracture, permanent scar, loss of function, or prolonged incapacity.

How physical injuries are classified

Under Articles 263, 265, and 266 of the Revised Penal Code, the result of the assault is central to the classification:

Classification	General rule
Serious physical injuries	Includes specified permanent or grave consequences, such as blindness, loss or loss of use of certain body parts or senses, deformity, or illness or incapacity lasting more than 30 days. The applicable subdivision depends on the exact consequence.
Less serious physical injuries	Injuries not classified as serious that incapacitate the victim for labor, or require medical attendance, for 10 days or more.
Slight physical injuries	Injuries causing incapacity or requiring medical attendance for one to nine days; injuries requiring no medical attendance and causing no work incapacity; or maltreatment by deed without injury.

The number of days is not the only consideration. Permanent deformity, loss of a body part or its use, incapacity for one’s habitual work, and other consequences listed in Article 263 may control even when a medical certificate gives a different healing estimate. The Supreme Court has also cautioned that deformity requires appropriate proof; not every fracture or repaired injury automatically establishes permanent deformity.

The fines under Articles 265 and 266 were updated by Republic Act No. 10951.

When the case may not be ordinary physical injuries

Describe the facts fully instead of choosing a charge yourself. The prosecutor may consider a different or additional law when:

There was intent to kill. The nature and location of the wounds, weapon used, words spoken, number of attacks, and conduct before and after the assault may indicate attempted or frustrated homicide or murder. The Supreme Court explains the distinction in Peñaranda v. People.
The act was negligent rather than intentional. A traffic collision or other careless act may fall under Article 365 on reckless or simple imprudence.
The victim is a woman or her child and the offender is a spouse, former spouse, dating or sexual partner, or person with whom she has a common child. Republic Act No. 9262 may apply.
A child was abused, exploited, or subjected to circumstances covered by a special child-protection law.
The incident involved hazing, torture, custodial abuse, robbery, sexual violence, or violence connected with another crime.
The victim or offender has a legally significant status, such as a person in authority, public officer acting in an official capacity, or child in conflict with the law.

Step-by-step filing process

1. Report the incident to the police

Go to the police station with territorial responsibility for the place of the incident. For violence involving women or children, ask for the Women and Children Protection Desk.

Give a truthful, chronological account and request:

Entry in the police blotter;
A copy or reference number of the blotter entry;
Police assistance in obtaining a medical or medico-legal examination;
An incident or investigation report, when available; and
Immediate protection if there are continuing threats.

A blotter entry can corroborate prompt reporting, but the criminal complaint must still be formally filed through the proper process.

If the suspect was lawfully arrested without a warrant immediately during or shortly after the offense, the police may refer the case for inquest. An inquest is different from an ordinary complaint filed after the incident.

2. Preserve the evidence

Keep the original evidence and make secure backups. Preserve:

Clear photographs of every injury, taken as soon as possible and during healing;
Original videos, audio recordings, and CCTV footage—not only screenshots or social-media copies;
The device or storage medium containing the original file and its metadata;
Clothing and objects involved in the assault, kept separately and protected from alteration or contamination;
Messages, calls, threats, apologies, admissions, and attempts to pressure you;
Names, addresses, and contact details of witnesses;
Receipts for treatment, medicine, transportation, therapy, rehabilitation, and property damage;
Payslips, attendance records, employer certifications, and other proof of lost income; and
A dated personal account written while your memory is fresh.

Ask establishments, homeowners, or local authorities to preserve CCTV footage promptly because systems may automatically overwrite recordings. Do not edit original files or coach witnesses on what to say.

3. Determine whether barangay conciliation is required

Under Sections 408 and 412 of the Local Government Code, prior Katarungang Pambarangay proceedings may be required for disputes within the lupon’s authority—generally involving individuals who actually reside in the same city or municipality and an offense within the statutory penalty limits.

Barangay conciliation does not apply to every physical-injuries complaint. Exceptions include:

An offense punishable by imprisonment exceeding one year or a fine exceeding ₱5,000;
A party who is the government;
A public officer whose dispute relates to official functions;
Parties residing in different cities or municipalities, unless the barangays adjoin and the parties agree;
An accused who is detained;
A case requiring an urgent provisional remedy;
A case about to be barred by prescription; and
Proceedings for protection under Republic Act No. 9262.

Because Republic Act No. 10951 increased several fines, even some lower-level physical-injuries cases may fall outside the lupon’s authority. Ask the prosecutor’s complaint desk or a lawyer to assess the particular subdivision and the parties’ residences.

If conciliation is required, file with the proper barangay and obtain the Certificate to File Action if no settlement is reached. Filing with the punong barangay interrupts prescription only for a maximum of 60 days. Do not allow the barangay process to consume a short prescriptive period.

4. Prepare the complaint-affidavit

The complaint-affidavit is a written statement under oath. State facts in ordinary, specific language:

Your full name, address, and contact information;
The respondent’s full name and address or last known address, if available;
The date, approximate time, and precise place of the incident;
What happened immediately before the assault;
What each respondent personally did;
Any weapon used and the words spoken;
Where and how many times you were struck, kicked, stabbed, or otherwise injured;
What the respondent did immediately afterward;
The treatment received and continuing effects of the injury;
The period of medical attendance and work incapacity;
The identity of witnesses; and
A numbered list of the attached evidence.

Include facts that may appear unfavorable, such as an earlier argument or physical response, and explain them truthfully. Omissions or exaggerations can damage credibility. Do not sign an affidavit you do not understand. It must be sworn before a prosecutor or another official authorized to administer oaths, or, when permitted, a notary public.

5. Assemble the filing requirements

Bring the original and the number of copies required by the local prosecution office. Requirements generally include:

A completed NPS Investigation Data Form;
The complaint-affidavit;
Affidavits of eyewitnesses and other material witnesses;
Medical certificate or medico-legal report showing the nature, extent, and expected duration of the injury;
Police blotter, incident report, or investigation report;
Certificate to File Action, if barangay conciliation applies;
Photographs, recordings, CCTV footage, messages, and other physical or electronic evidence;
Proof of expenses and lost income;
A valid government-issued ID; and
Copies for the official file and each respondent.

The DOJ’s official filing guidance specifically identifies a medical certificate showing the nature and extent of the injury for physical-injuries complaints. Confirm current copy, storage-media, and electronic-filing requirements with the receiving office before filing.

6. File with the proper prosecution office

File with the City Prosecutor’s Office or Provincial Prosecutor’s Office having territorial jurisdiction over the place where the offense, or an essential element of it, occurred.

At filing:

Ask the receiving staff to stamp your copy with the date and time;
Record the NPS docket number;
Confirm whether additional evidence is required;
Obtain the assigned prosecutor’s details and any hearing schedule; and
Keep every notice, subpoena, resolution, and proof of receipt.

Under the current DOJ rules, the head of the prosecution office checks whether the complaint is sufficient in form and supported by complete evidence before docketing. Prosecutors file an Information in court only when the records establish prima facie evidence with reasonable certainty of conviction.

What procedure will the prosecutor use?

The applicable procedure depends primarily on the penalty prescribed by law, not merely the label used by the complainant.

DOJ process	General coverage	Important feature
Summary investigation	Imprisonment from one day to one year, a fine regardless of amount, or both	An ex parte, records-based investigation. The prosecutor must resolve the case immediately upon receiving the complete records. Many basic slight and less serious physical-injuries complaints fall here.
Expedited preliminary investigation	Generally, imprisonment from one year and one day to six years for offenses exclusively within first-level court jurisdiction	The respondent may be required to submit a counter-affidavit. The investigating prosecutor generally has 20 calendar days from receipt of the complete records to resolve the case.
Regular preliminary investigation	Generally, offenses punishable by at least six years and one day, and qualifying cases legally cognizable by the Regional Trial Court	The respondent receives a subpoena and opportunity to submit evidence. The investigating prosecutor generally has 60 calendar days from assignment, with a maximum 30-day extension for specified cases.

These procedures are governed by DOJ Department Circular No. 015, the official 2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings, and Department Circular No. 028, available through the DOJ’s official issuances page.

These are internal disposition periods, not promises that the entire criminal case—including court proceedings—will finish within the same time.

Filing deadlines and prescription

File as soon as possible. Under Articles 90 and 91 of the Revised Penal Code:

Slight physical injuries and maltreatment: generally two months;
Basic less serious physical injuries punished by arresto mayor: generally five years, although a different period may apply when the law prescribes a higher penalty;
Serious physical injuries: generally 10, 15, or 20 years, depending on the applicable subdivision, prescribed penalty, victim, and qualifying circumstances.

The period generally runs from the day the offense is discovered. In People v. Consebido, the Supreme Court ruled prospectively that filing the criminal complaint with the prosecution office tolls prescription even for offenses covered by summary procedure.

Do not calculate prescription informally when the deadline is close. The correct charge, penalty, date of discovery, barangay proceedings, prior dismissals, and applicable special law can change the result.

What happens after filing?

The prosecutor may:

Require missing evidence before docketing;
Dismiss the complaint based on the submitted records;
Issue a subpoena and require a counter-affidavit where the applicable procedure allows it;
Conduct a clarificatory or virtual hearing when authorized;
Recommend dismissal; or
Find sufficient evidence and file an Information in court.

Filing a complaint does not automatically produce an arrest warrant. Once an Information is filed, the judge independently determines whether judicial probable cause exists and whether a warrant, summons, or other action is proper.

Attend every required hearing, respond promptly to notices, and inform the office in writing if your address or contact details change. Ask for a copy of the prosecutor’s resolution.

Compensation for medical expenses and other losses

The civil action for liability arising from the offense is generally deemed included when the criminal action is instituted, unless the victim waives it, reserves the right to file separately, or previously filed a civil action. Recoverable amounts depend on the evidence and may include proven medical expenses, lost income, and other damages allowed by law.

Preserve official receipts and credible proof of every claimed loss. Consult counsel before reserving or filing a separate civil action, because timing and double-recovery rules apply.

Special protection for violence against women and children

If the offender is a husband, former husband, dating or sexual partner, or a person with whom the woman has a common child, physical violence may fall under Republic Act No. 9262.

The victim may seek:

A Barangay Protection Order, issued on the filing date after an ex parte assessment and effective for 15 days;
A court-issued Temporary Protection Order, which may be issued on the filing date and is effective for 30 days; and
A Permanent Protection Order after notice and hearing.

Barangay officials may not pressure an applicant to compromise or abandon protection. Ordinary Katarungang Pambarangay conciliation provisions do not apply to proceedings seeking relief under Republic Act No. 9262. Approach the barangay VAW Desk, police Women and Children Protection Desk, social-welfare office, PAO, or a private lawyer.

Common mistakes to avoid

Treating the police blotter as the completed criminal complaint;
Waiting for bruises or wounds to disappear before obtaining medical documentation;
Missing the two-month period applicable to light offenses;
Skipping barangay conciliation when it is legally required;
Going through barangay conciliation when an urgent exception or special protection law applies;
Submitting screenshots while losing the original messages, videos, or devices;
Failing to obtain CCTV footage before it is overwritten;
Describing conclusions instead of the specific acts committed;
Exaggerating injuries, omitting participation in the confrontation, or coordinating witness stories;
Signing an affidavit written in language you do not understand;
Posting accusations or evidence publicly in a way that risks safety, privacy, or the investigation;
Paying unofficial “filing” or “processing” charges without an official receipt; and
Ignoring subpoenas, hearing notices, or requests for additional evidence.

When legal help is urgent

Consult a lawyer promptly when:

The deadline may expire within days or weeks;
The injury is permanent, life-threatening, or affects work or a bodily function;
A deadly weapon, strangulation, repeated attack, or possible intent to kill was involved;
The offender is a family member, intimate partner, public officer, employer, teacher, or person exercising control over the victim;
The victim or respondent is a child;
There are counter-charges or claims of self-defense;
The offender or another person is threatening, stalking, bribing, or intimidating the victim or witnesses;
A settlement, waiver, or affidavit of desistance is being presented for signature; or
The prosecutor dismisses the complaint and a reconsideration or review deadline is running.

The Public Attorney’s Office provides legal advice and qualifying legal assistance subject to its rules, indigency and merit requirements, workload, and conflicts of interest. Victims under Republic Act No. 9262 have additional rights to legal assistance.

Frequently asked questions

Can I file even if I do not yet have a medical certificate?

You may report the incident immediately, but medical evidence is ordinarily essential to classify and support a physical-injuries complaint. Obtain an examination and the relevant records as soon as possible. If treatment occurred earlier, request certified copies from the hospital or clinic.

Can I file if the attacker’s full name or address is unknown?

Report the incident and provide every reliable identifier: nickname, description, photograph, account name, vehicle plate, workplace, contact number, or last known address. The police may investigate further. Do not invent identifying information.

Is an eyewitness required?

Not necessarily. The victim’s sworn account, medical evidence, prompt report, photographs, recordings, admissions, and surrounding circumstances may support the complaint. The prosecutor and, if filed, the court will assess credibility and sufficiency.

Do I need a lawyer to file?

A lawyer is not generally required to report the crime or execute a complaint-affidavit. Legal assistance is advisable for severe injuries, special-law cases, counter-charges, prescription issues, or complicated evidence.

Can the police arrest the accused after I make a blotter entry?

Not solely because of the blotter. Arrest generally requires a warrant unless the circumstances satisfy a lawful warrantless-arrest rule, such as an offense committed in the arresting person’s presence or a valid hot-pursuit arrest based on personal knowledge of facts indicating that the suspect committed an offense.

Can I withdraw the case after a settlement?

An affidavit of desistance or private payment does not automatically require the prosecutor or court to dismiss a criminal case. Criminal prosecution is brought in the name of the People of the Philippines. Barangay settlements may also acquire the force of a final judgment under the Local Government Code. Obtain legal advice before signing any settlement, waiver, release, or desistance document.

What if the injury worsens after filing?

Submit updated medical records promptly to the prosecutor or court through the proper procedure. A later-discovered fracture, permanent scar, loss of function, or longer incapacity may affect the legal classification, subject to procedural and constitutional limits.

This article provides general Philippine legal information, not legal advice for a particular case. Outcomes depend on the evidence, medical findings, applicable charge, dates, relationships, and local procedure. Laws and official procedures were checked through controlling and official sources on 27 July 2026.