Quick answer

To start a criminal case for physical injuries in the Philippines:

Get to safety and obtain medical treatment immediately.
Report the incident to the police and request a copy or reference number of the police-blotter entry.
Preserve photographs, CCTV footage, messages, witness details, medical records, receipts, and proof of missed work.
Determine whether mandatory barangay conciliation applies. If it does, obtain a Certificate to File Action before proceeding.
Prepare a sworn complaint-affidavit, witness affidavits, the required NPS Investigation Data Form, and organized supporting evidence.
File with the City or Provincial Prosecutor’s Office covering the place where the assault occurred or where an essential element of the offense happened.
Keep a stamped receiving copy and monitor notices and deadlines.

A blotter entry alone is not necessarily a filed criminal complaint. The prosecutor—and ultimately the court—will determine the correct offense from the manner of attack, the medical consequences, the duration of treatment or incapacity, and any special circumstances.

If violence is continuing or someone is in immediate danger, call the nationwide Unified 911 Emergency Hotline, go to the nearest police station, and seek emergency medical care.

What counts as physical injuries?

Articles 263, 265, and 266 of the Revised Penal Code generally punish a person who intentionally wounds, beats, assaults, or physically maltreats another. The legal classification does not depend simply on whether the injury looks “minor” or “serious.” It depends on its proven effects.

Possible classification	General legal basis
Serious physical injuries	Permanent or major consequences listed in Article 263—such as blindness, insanity, loss or loss of use of specified body parts, qualifying deformity, permanent incapacity for habitual work—or illness or incapacity lasting more than 30 days
Less serious physical injuries	Injuries not covered by Article 263 that require medical assistance or cause incapacity for work for 10 days or more, ordinarily covering 10 to 30 days
Slight physical injuries	Injuries causing one to nine days of medical attendance or incapacity; injuries requiring no medical assistance and causing no inability to perform habitual work; or physical maltreatment without injury

The classifications and current fines appear in the Revised Penal Code, as amended by Republic Act No. 10951.

The principal statutory penalties include:

Serious physical injuries: depending on the consequence, penalties range from arresto mayor in its maximum period through prisión mayor. That means the applicable range can extend from four months and one day to 12 years, depending on the exact paragraph of Article 263 and any qualifying circumstances.
Ordinary less serious physical injuries: arresto mayor, or one month and one day to six months. Special circumstances can increase the penalty or add a fine of up to ₱50,000.
Slight physical injuries: arresto menor, or one to 30 days, depending on the paragraph; some forms carry an alternative fine of up to ₱40,000, while maltreatment without injury carries a fine of up to ₱5,000 as an alternative to the stated imprisonment.

These are statutory ranges, not predictions of the sentence in a particular case. Aggravating, qualifying, mitigating, relationship-based, and other circumstances can change the proper charge or penalty.

A medical certificate is therefore important, but its initial estimate is not always conclusive. Follow-up records may be needed to establish the actual duration of treatment, illness, inability to work, permanent loss, or deformity. The Supreme Court has emphasized that even a fractured or lost tooth must be assessed from the particular facts, including whether it caused a qualifying visible and permanent deformity: Ruego v. People, G.R. No. 226745.

The incident may be a different or more serious crime

Do not limit your account to “physical injuries” if the facts suggest another offense. Tell the police and prosecutor exactly what happened, including:

The weapon used and where blows, shots, or stab wounds were directed
Statements made before, during, or after the attack
Whether the attacker continued despite intervention or the victim’s helplessness
Whether the victim was strangled, suffocated, restrained, abducted, or threatened with death
Whether the attack was planned, involved several attackers, or occurred during another crime
The relationship between the parties
Whether the act was intentional or resulted from reckless driving or another negligent act

An attack showing intent to kill may be attempted or frustrated homicide or murder even if the victim survived. A negligent act may instead fall under reckless imprudence. Assault on a person in authority, hazing, torture, violence against women and children, or abuse of a child may be governed by different provisions.

The complainant should narrate facts, not force a legal label. The prosecutor decides what charge the evidence supports.

Step 1: Attend to safety and medical needs

Leave the immediate area if you can do so safely. Do not confront or pursue the attacker to collect evidence.

Go to a hospital, clinic, or medico-legal facility as soon as possible. Tell the healthcare provider truthfully:

When and how the injury happened
What object or weapon was used
Every body part affected
Symptoms such as loss of consciousness, dizziness, vomiting, breathing difficulty, numbness, weakness, or impaired hearing or vision
Whether pain, swelling, or other symptoms developed later
Your occupation and the tasks you are temporarily or permanently unable to perform

Ask for copies of the medical certificate or medico-legal report, clinical abstract, diagnostic results, prescriptions, treatment records, and official receipts. Attend follow-up appointments and obtain an updated certificate if recovery takes longer than first estimated.

Do not delay emergency treatment merely to obtain photographs or a police referral.

Step 2: Make a police report

Report the incident to the police station with territorial responsibility over the place where it occurred. Ask that the material facts be entered accurately in the police blotter.

Bring or provide, if available:

A government-issued identification document
The attacker’s name, description, address, workplace, vehicle, or social-media account
The exact or approximate time and location
Witness names and contact details
Photographs, videos, CCTV information, and messages
Medical records already available
A description of the weapon and where it may be found

Read any statement before signing it. Correct errors involving dates, locations, identities, weapons, injuries, and the sequence of events. Do not sign blank pages or a statement you do not understand. Ask for the blotter-entry number and a copy or certification if available.

A police report documents the event and allows investigators to gather evidence, but do not assume that a blotter entry has already filed the complaint with the prosecutor or stopped the prescriptive period. Ask whether a complaint-affidavit has been prepared and formally referred, and obtain the prosecutor’s docket number or receiving copy when it is filed.

If the suspect was arrested without a warrant

A warrantless arrest is lawful only in the circumstances stated in Rule 113, Section 5—for example, when the offense is committed in the arresting person’s presence or has just been committed and the arresting officer has the required personal knowledge and probable cause. An older accusation ordinarily does not, by itself, authorize police to arrest someone without a warrant. See the Revised Rules of Criminal Procedure.

A valid warrantless arrest normally leads to an inquest. Because inquest periods are short, promptly give the police or inquest prosecutor the medical records, affidavits, photographs, video, and other available evidence. Release of the arrested person does not necessarily end the matter; a regular complaint may still be filed if supported by evidence.

Step 3: Preserve evidence properly

Preserve both evidence of the attack and evidence of its consequences.

Medical and financial records

Keep:

Medical and medico-legal certificates
Emergency-room and admission records
Laboratory, X-ray, CT, MRI, dental, and other results
Prescriptions, rehabilitation records, and follow-up assessments
Official receipts for treatment, medicine, transportation, and assistive devices
Employment records, payslips, leave forms, medical leave, and proof of lost income
School-absence records where relevant

Ask the physician to document the injuries and medically supported period of treatment or incapacity. Do not ask a doctor to exaggerate or use a legal classification unsupported by the examination.

Photographs and recordings

Take clear photographs of injuries as soon as practicable and again as bruising or swelling develops. Keep the original files with their metadata. Do not crop, filter, annotate, or overwrite the only copy.

Request preservation of CCTV footage immediately from nearby homes, businesses, building administrators, traffic offices, or transport operators. Many systems overwrite footage quickly. Identify the correct camera, date, time range, and location in writing.

Save relevant voice recordings, messages, calls, posts, threats, apologies, or admissions. Preserve the full conversation, account details, date, time, and web address—not only selected screenshots.

Witnesses and physical objects

Record each witness’s complete name, address, phone number, and what the person personally saw or heard. Ask willing witnesses to execute truthful affidavits while their recollection is fresh.

Do not wash, repair, discard, or casually handle bloodstained or damaged clothing, weapons, or other objects. Tell investigators where they are and follow lawful instructions for turnover. Obtain an inventory or receipt for evidence surrendered.

Maintain backups. Keep one secure working set and one untouched set of originals.

Step 4: Check whether barangay conciliation is mandatory

Under Sections 408 to 412 of the Local Government Code, barangay conciliation is generally a condition before filing with a prosecutor or court when:

The parties are individuals who actually reside in the same city or municipality;
The dispute falls within the authority of the lupon; and
No statutory exception applies.

If both parties reside in the same barangay, the complaint is ordinarily brought there. If they reside in different barangays within the same city or municipality, it is generally brought in the respondent’s barangay. Workplace- or school-based disputes have a special venue rule.

Which physical-injury cases may require barangay proceedings?

Because Section 408 excludes offenses punishable by imprisonment exceeding one year or a fine exceeding ₱5,000, the answer depends on the precise form of the offense:

Alleged offense	Likely barangay treatment, assuming both parties reside in the same city or municipality
Slight injuries causing one to nine days of incapacity or medical attendance	Generally within lupon authority
Maltreatment without injury under Article 266(3)	Generally within lupon authority
Ordinary less serious physical injuries	Generally within lupon authority because the basic penalty is arresto mayor
Article 266(2), carrying an alternative fine of up to ₱40,000	Generally outside lupon authority because the maximum fine exceeds ₱5,000
Less serious injuries with an additional fine of up to ₱50,000 or an increased relationship/status-based penalty	Generally outside lupon authority
Serious physical injuries	Generally outside lupon authority because the prescribed imprisonment exceeds one year

The characterization may change after medical evaluation. If uncertain, show the medical certificate and incident facts to the barangay and prosecutor rather than guessing.

Important exceptions

Prior barangay conciliation generally does not apply when:

The parties actually reside in different cities or municipalities, unless the barangays adjoin and the parties agree to submit the dispute;
One party is the government;
A public officer or employee is a party and the dispute concerns official functions;
The offense carries imprisonment exceeding one year or a fine exceeding ₱5,000;
The accused is detained;
Delay would cause the action to prescribe;
Another statutory exception applies; or
Relief is sought under the Anti-VAWC law.

If conciliation is required but fails, obtain the proper Certificate to File Action. Attach it to the prosecutor’s filing.

Filing with the punong barangay interrupts prescription only while the dispute is under mediation, conciliation, or arbitration, and the statutory interruption cannot exceed 60 days. Do not allow the barangay process to drift indefinitely.

A barangay settlement is not merely an informal promise. Unless timely repudiated or challenged on a lawful ground, it can acquire the force of a final judgment after 10 days. Read all terms carefully, including releases, payment schedules, civil claims, and statements about the criminal complaint.

Step 5: Prepare the complaint-affidavit

A complaint is a sworn written statement charging a person with an offense. Under current DOJ-NPS rules, the complaint-affidavit should contain at least:

The complainant’s name and address
The respondent’s name and address, or the best identifying information available
The date, approximate time, and precise place of the incident
A chronological account of what each respondent did
The means or weapon used
The injuries and immediate symptoms
Medical treatment and duration of incapacity or attendance
The identities and roles of witnesses
Facts showing how the respondent was identified
Relevant surrounding circumstances, threats, words, relationships, or prior connected acts
A list of supporting documents and objects

State only facts you personally know. If information came from another person, identify that person and attach the person’s own affidavit when possible.

Use ordinary, direct language. Explain who did what, to whom, when, where, and how. If several people participated, distinguish each person’s conduct. Avoid conclusions such as “he intended to murder me” unless you also state the observable facts supporting that conclusion.

The affidavit must be sworn before a prosecutor or another government official authorized to administer oaths, or, when they are absent or unavailable, before a notary public under the applicable DOJ rules.

Filing set

Current DOJ Department Circular No. 15, series of 2024 and Department Circular No. 28 require:

The original complaint-affidavit;
Two duplicate copies for the official file;
One additional copy for every respondent;
The required NPS Investigation Data Form; and
Witness affidavits and supporting evidence.

Bring an additional complete copy for stamping as your receiving copy. Confirm the local office’s operational checklist before filing because it may require identification copies, document labels, folders, or other administrative items.

Electronic filing and virtual proceedings are alternatives under the DOJ rules, not a universal substitute for filing at any email address. Use only an official channel confirmed by the prosecution office, and comply with any requirement to submit hard copies.

Step 6: File in the correct place

The usual and safest filing point is the City Prosecutor’s Office or Provincial Prosecutor’s Office with territorial jurisdiction over the place where the offense was committed or an essential element occurred.

Rule 110 also contains direct-to-first-level-court routes for certain lower offenses outside Manila and some chartered cities. However, current DOJ Department Circular No. 28 establishes summary and expedited investigations in prosecution offices for offenses punishable by up to six years. Unless the proper court clerk or prosecutor directs otherwise, filing with the territorially proper prosecution office is the practical default.

At filing:

Present the complete set to the receiving or docket section.
Ask whether barangay certification is required.
Have your personal copy stamped with the date received.
Record the NPS docket number and assigned office.
Provide an address, phone number, and email that you monitor.
Ask how notices will be served and how status inquiries are handled.

Do not file the same complaint simultaneously in several prosecution offices. If venue is uncertain, disclose all relevant locations and ask for written routing guidance.

What happens after filing?

The prosecutor does not decide guilt beyond reasonable doubt. The prosecutor determines whether the available admissible, credible, and preservable evidence establishes a prima facie case with reasonable certainty of conviction. The Supreme Court has upheld the DOJ’s authority to apply this standard to prosecutorial investigations: Meking v. Remulla, G.R. No. 280455.

The procedure depends on the penalty prescribed for the offense supported by the allegations.

Summary investigation

For offenses punishable by one day to one year, a fine regardless of amount, or both, Department Circular No. 28 provides for summary investigation. This covers many slight and ordinary less serious physical-injury complaints.

It is generally an ex parte evaluation of the complainant’s evidence. The prosecutor may immediately recommend dismissal or prepare an information for court. The respondent is not necessarily called to submit a counter-affidavit at this stage.

There is no motion for reconsideration under the DOJ summary-investigation procedure.

Expedited preliminary investigation

For first-level-court offenses punishable by one year and one day to six years, the prosecutor conducts expedited preliminary investigation. This may cover several forms of serious physical injuries and specially punished less serious injuries.

The assisting prosecutor initially evaluates form and completeness. If necessary, case build-up may be conducted. The investigating prosecutor may resolve the case from the complete record or issue a subpoena and receive a counter-affidavit.

Department Circular No. 28 generally requires resolution within 20 calendar days from receipt of the entire case record after case build-up and docketing. The approving prosecutor is given five calendar days to act on the recommendation. These are processing periods, not a promise that the entire criminal case will finish within that time.

An aggrieved party may file a motion for reconsideration within 10 calendar days from receipt of the resolution in an expedited case. Extensions and several types of dilatory pleading are prohibited.

Regular preliminary investigation

Regular preliminary investigation applies to offenses carrying at least six years and one day, without regard to the fine. It may apply to the gravest form of serious physical injuries.

Under Department Circular No. 15:

The prosecutor ordinarily issues a subpoena or recommends dismissal within five calendar days after receiving the entire record.
The hearing date generally must not exceed 30 calendar days from receipt of the complete record.
Complaints should be resolved within 60 calendar days from assignment, subject to a maximum 30-day extension in specified cases.
A motion for reconsideration may be filed within 15 days from receipt of the resolution.

If sufficient evidence exists, the prosecutor prepares an information and files it in the appropriate court after approval. The court then independently determines judicial probable cause and whether to issue a warrant, commitment order, or summons as allowed by law.

Filing deadlines and prescription

Do not wait for injuries to “fully heal” before seeking advice. Follow-up evidence can be submitted, while lost prescription time cannot always be recovered.

Under Articles 90 and 91 of the Revised Penal Code, the general periods include:

Offense or penalty category	General prescriptive period
Slight physical injuries, a light offense	Two months
Less serious physical injuries punishable by arresto mayor	Five years
Serious physical injuries punishable by prisión correccional	Ten years
Gravest form punishable by prisión mayor	Fifteen years

The applicable period is based on the statutory penalty for the actual offense, including the rule that the highest component controls when the penalty is compound. Special laws may prescribe different periods.

Prescription ordinarily begins when the crime is discovered by the offended party, authorities, or their agents. It is interrupted by the proper filing of a complaint or information and can run again if the proceedings terminate without conviction or acquittal or are unjustifiably stopped for a reason not attributable to the accused.

In 2025, the Supreme Court ruled prospectively that filing a criminal complaint with the DOJ prosecution office tolls prescription even for offenses governed by expedited court procedures: SEC v. Price Richardson Corporation, G.R. No. 258563. Older incidents can present transitional and fact-specific questions, so obtain legal advice immediately rather than calculating the deadline yourself.

Special situations requiring a different route

Violence against women and their children

Republic Act No. 9262 may apply when physical violence is committed against a woman by her husband, former husband, current or former dating or sexual partner, or a person with whom she has a common child, or when covered violence is committed against her child.

A victim may seek:

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

Proceedings for relief under this law are not subject to ordinary barangay conciliation, and officials may not pressure the applicant to compromise or abandon requested protection. Healthcare providers who handle a suspected VAWC case must properly document injuries and provide the victim a medical certificate free of charge. See Republic Act No. 9262.

Approach the police Women and Children Protection Desk, barangay, prosecutor, social-welfare office, PAO, or Family Court as appropriate. A protection order is separate from—and may accompany—the criminal complaint.

A child was injured

When the victim is a child, Republic Act No. 7610 or other child-protection laws may apply depending on the circumstances. Not every injury to a child automatically becomes child abuse under the special law; the relationship, conduct, statutory elements, and purpose or character of the act matter. Report the complete facts to the Women and Children Protection Desk, local social-welfare office, and prosecutor. See Republic Act No. 7610.

The attacker is a police officer or public official

If the violence was connected with official duties, custody, interrogation, detention, or an abuse of authority, other criminal and administrative remedies may apply. Barangay conciliation may also be inapplicable. Preserve the officer’s name, badge, unit, vehicle, custody records, location, and names of other personnel present, and obtain independent medical documentation promptly.

The injury resulted from negligence

Road crashes and other negligent acts may be charged as reckless imprudence resulting in physical injuries rather than intentional physical injuries. Preserve the vehicle, driver, plate, insurance, dashcam, traffic-camera, scene, and collision-report information. When property damage and bodily injury arise from one negligent act, the correct charging structure can be legally significant.

Claims for medical expenses and other losses

Under Rule 111, the civil action arising from the offense is generally deemed included in the criminal case unless the offended party waives it, reserves the right to file separately, or filed it beforehand. See the Revised Rules of Criminal Procedure.

Preserve proof of:

Hospital, physician, medicine, rehabilitation, and dental expenses
Transportation and caregiving expenses
Damage to clothing, eyeglasses, phones, or other property
Lost wages or income
Continuing treatment and disability
Other legally recoverable harm

Receipts and employment records are much stronger than an unsupported estimate. Before making or withdrawing a reservation to file a separate civil case, obtain legal advice because the timing and procedural consequences matter.

Common mistakes to avoid

Treating a police blotter as the completed prosecutor filing
Waiting beyond the short two-month period that may apply to slight physical injuries
Skipping barangay conciliation when it is mandatory
Going through conciliation when an exception or urgent protection remedy applies
Posting accusations, medical records, or unredacted evidence publicly
Editing or deleting original photographs, video, or message threads
Failing to request CCTV preservation before footage is overwritten
Describing only the injury while omitting the manner of attack and evidence of possible intent to kill
Naming several respondents without stating each person’s participation
Relying on an initial medical estimate without obtaining follow-up records
Signing an inaccurate affidavit, blank document, settlement, release, or affidavit of desistance
Ignoring subpoenas, hearing notices, or prosecutor deadlines
Moving without promptly updating the prosecution office’s service address

Settlement and affidavits of desistance

A physical-injury offense is prosecuted in the name of the People of the Philippines. An affidavit of desistance does not automatically erase the offense, compel dismissal, or withdraw an information already filed in court. Prosecutors assess the remaining evidence, and once a case is in court, dismissal is subject to judicial authority.

Do not sign a settlement or desistance document under pressure. Confirm whether it releases civil claims, acknowledges payment, changes prior statements, or creates an enforceable barangay judgment. VAWC protection proceedings cannot be subjected to forced compromise.

When legal help is urgent

Seek help from a lawyer, the Public Attorney’s Office if qualified, or another accredited legal-aid provider immediately when:

The attacker used a firearm, knife, strangulation, repeated blows to the head, or other potentially lethal means
The facts may support attempted or frustrated homicide or murder
The victim has permanent loss, deformity, neurological injury, or prolonged inability to work
The victim is a child or the violence involves an intimate partner or family member
The attacker is a police officer, public official, employer, teacher, or person exercising custody or authority
The suspect has just been arrested and an inquest is underway
The barangay or prosecutor refuses to receive the complaint
Prescription may be close
The respondent is threatening witnesses, destroying evidence, or preparing to leave
You are being pressured to sign a settlement, release, or desistance affidavit
The prosecutor dismisses the complaint and a 10- or 15-day remedy period may be running

Frequently asked questions

Can I file even without a medical certificate?

You may report the incident and seek assistance immediately. A medical certificate is not the only possible evidence, but it is highly important because the duration and consequences of the injuries often determine the offense. Obtain an examination as soon as possible and explain any delay truthfully.

Is a police blotter enough?

No. It documents the report but does not necessarily mean a sworn complaint has been filed with the prosecutor or court. Obtain a prosecution docket number or stamped receiving copy.

What if I do not know the attacker’s complete name?

Provide every reliable identifying detail available: nickname, description, address, workplace, phone number, account, vehicle, photographs, and how you know the person. Do not guess or publicly accuse an uncertain person.

What if there were no witnesses?

A case is not automatically defeated by the absence of an independent eyewitness. Your sworn account may be supported by medical findings, photographs, CCTV, messages, admissions, damaged objects, and surrounding circumstances. The prosecutor will assess the evidence as a whole.

Do I need a lawyer to file?

A lawyer is not always legally required to submit a complaint-affidavit, but legal assistance is valuable where the charge, venue, prescription, barangay requirement, or evidence is disputed. A lawyer can also help protect civil claims and respond to a dismissal.

Can I file directly in court?

Rule 110 permits direct filing of some lower offenses with first-level courts outside Manila and certain chartered-city arrangements. Current DOJ rules, however, provide prosecution-office procedures for offenses punishable by up to six years. The prudent default is to file with the proper City or Provincial Prosecutor’s Office unless the authorized court clerk or prosecutor directs otherwise.

What if the prosecutor dismisses the complaint?

Read the resolution and note the date you received it. Summary-investigation cases have no motion for reconsideration under Department Circular No. 28. Expedited cases generally allow a motion for reconsideration within 10 calendar days, while regular preliminary-investigation cases allow one within 15 days. Other review remedies depend on the offense, court jurisdiction, issuing office, and governing DOJ circular.

Can the case continue if I forgive the attacker?

Possibly. Forgiveness or desistance does not automatically terminate a public criminal action. Its effect depends on the offense, procedural stage, remaining evidence, any valid settlement, and the prosecutor’s or court’s determination.

Official legal sources

This article provides general legal information, not advice for a specific incident or substitute for review of the affidavits, medical records, and other evidence by a Philippine lawyer. Laws and procedures were checked against available primary and official sources as of August 4, 2026.