Quick answer

To file a criminal complaint for physical injuries in the Philippines:

Get medical treatment immediately and obtain a medical certificate, clinical abstract, diagnostic results, prescriptions, and billing records.
Report the incident to the police and give a complete statement. Ask for the police-blotter or incident-report reference number—but remember that a blotter entry is not yet the criminal complaint.
Check whether Katarungang Pambarangay proceedings are legally required. If they are, obtain the proper Certificate to File Action after conciliation fails.
File a sworn complaint-affidavit with the City or Provincial Prosecution Office covering the place where the assault occurred, together with the NPS Investigation Data Form, witness affidavits, medical evidence, photographs, video, and other supporting records.
Preserve proof of filing and monitor all notices. If the suspect was lawfully arrested without a warrant, the case may instead proceed through an inquest.

Do not delay. Slight physical injuries and maltreatment generally prescribe in only two months. A police report, private demand, or informal barangay discussion does not necessarily stop that period.

First, make sure everyone is safe

Medical care takes priority over paperwork. Go to an emergency room or call for police assistance when there is uncontrolled bleeding, loss of consciousness, difficulty breathing, a head, neck, spine, or eye injury, a possible fracture, use of a weapon, poisoning, continuing threats, or danger that the attacker will return.

Tell the healthcare provider accurately how the injury happened. Ask the provider to document:

Every visible and reported injury;
The diagnosis and treatment;
Tests, imaging, medication, and follow-up care;
Any temporary or permanent limitation;
The number of days of medical attendance or incapacity, when medically supportable; and
Any worsening or later-discovered condition.

A medical certificate is important, but it does not by itself determine the final charge. The prosecutor and court consider the certificate together with testimony, treatment records, the victim’s actual incapacity, and the other evidence.

What counts as physical injuries

The charge depends mainly on the consequences of the attack, although intent, relationship, manner of attack, and other circumstances can change the offense or penalty.

Proven result	General classification under the Revised Penal Code
Ill-treatment by deed without an injury	Maltreatment under Article 266(3)
Injury that does not prevent habitual work and requires no medical assistance	Slight physical injuries under Article 266(2)
Incapacity for labor or required medical attendance for 1–9 days	Slight physical injuries under Article 266(1)
Incapacity for labor or required medical assistance for 10–30 days, without a consequence classified as serious	Less serious physical injuries under Article 265
Illness or incapacity for labor for more than 30 days	Serious physical injuries under Article 263(4)
Illness or incapacity for habitual work for more than 90 days, deformity, or loss or loss of use of another body part	A higher category of serious physical injuries under Article 263(3)
Loss of speech, hearing, smell, an eye, hand, foot, arm, or leg; loss of use of such member; or incapacity for the victim’s habitual work	Serious physical injuries under Article 263(2)
Insanity, imbecility, impotence, or blindness	Serious physical injuries under Article 263(1)
Intentional removal of a reproductive organ or another intentional mutilation	Mutilation under Article 262

Under the current text of Articles 265 and 266, as amended by Republic Act No. 10951:

Ordinary less serious physical injuries carry arresto mayor. If inflicted with manifest intent to insult or under circumstances adding ignominy, an additional fine of up to ₱50,000 may apply.
Slight physical injuries involving 1–9 days carry arresto menor.
Injuries that neither prevent habitual work nor require medical assistance may be punished by arresto menor or a fine up to ₱40,000, with censure as provided by law.
Ill-treatment without injury may be punished by arresto menor in its minimum period or a fine up to ₱5,000.

These are prescribed penalties, not predictions of the sentence in a particular case. Qualifying and mitigating circumstances, relationship, alternative penalties, and other laws can materially change the result.

The case may be a different or more serious offense

“Physical injuries” is not always the correct final charge:

If the evidence shows intent to kill, the offense may be attempted or frustrated homicide, murder, or parricide—even if the victim survives.
If the injury resulted from negligent driving or another careless act, the case may fall under reckless or simple imprudence under Article 365.
If force was used to take property, restrain the victim, compel an act, or commit a sexual offense, robbery, illegal detention, coercion, rape, or another offense may apply.
Hazing, violence against women and their children, child abuse, torture, and injuries inflicted on persons in custody may be governed by special laws.
A claim of self-defense does not prevent the victim from reporting the incident. It is a defense that must be assessed from the complete facts.

Describe what actually happened instead of forcing the facts into a preferred legal label. The prosecutor determines the appropriate charge from the evidence.

Step 1: Report the incident and obtain medical documentation

Go to the police station responsible for the place where the incident occurred. If you first report elsewhere, ask to be referred to the proper investigating unit.

Give the officer:

The exact date, time, and location;
The attacker’s name, address, identifying details, and relationship to you, if known;
What each person did;
Any weapon used;
The words spoken before, during, or after the assault when they show threats, motive, or intent;
The injuries and treatment received;
The names and contact information of witnesses; and
Information about CCTV, vehicle cameras, phone recordings, messages, or other evidence.

Read your statement before signing. Correct inaccuracies and do not sign blank or incomplete pages. Request the blotter entry or incident-report number and the investigator’s name and contact details.

A police blotter documents that a report was made. It does not replace the sworn complaint-affidavit filed for prosecution.

If police lawfully arrest the suspect without a warrant while the offense is occurring or immediately afterward under the rules on warrantless arrests, the police may refer the matter to an inquest prosecutor. Give the investigator and inquest prosecutor all available evidence promptly.

Step 2: Determine whether barangay conciliation is required

Prior barangay conciliation is a condition before filing certain disputes in court or with another government office for adjudication. It generally applies when the parties are individuals who actually reside in the same city or municipality and the dispute is within the Lupon’s authority.

Some ordinary less serious physical-injury, slight-injury, or maltreatment cases may fall within that authority. Barangay proceedings generally do not apply when:

The prescribed imprisonment exceeds one year or the prescribed fine exceeds ₱5,000;
One party is the government;
A public officer or employee is involved and the dispute relates to official functions;
There is no private offended party;
The parties actually reside in different cities or municipalities, unless their barangays adjoin and they agree to submit the dispute;
The accused is detained;
Direct action is necessary because the claim may otherwise prescribe; or
Another law creates an exception.

Because the amended fines under Articles 265 and 266 can affect the Lupon threshold, barangay coverage cannot safely be decided from the number of injury days alone.

If conciliation applies:

File an oral or written complaint with the Punong Barangay of the proper barangay and obtain a receiving copy.
Attend personally. Lawyers generally may not appear for parties in Katarungang Pambarangay proceedings, subject to the statutory rules for minors and persons who are incompetent.
If mediation by the Punong Barangay fails, the dispute proceeds to the Pangkat.
After the required confrontation and unsuccessful conciliation, obtain the correctly signed and attested Certificate to File Action.

The Punong Barangay has 15 days from the parties’ first meeting to attempt mediation. The Pangkat ordinarily has 15 days from convening, extendible for up to another 15 days in clearly meritorious cases. Filing with the Punong Barangay interrupts prescription only while the dispute is under mediation, conciliation, or arbitration, and for no more than 60 days.

A signed settlement generally acquires the force of a final judgment after 10 days unless properly repudiated on the ground of fraud, violence, or intimidation. Do not sign a settlement, waiver, or affidavit of desistance without understanding whether it releases criminal or civil claims and whether it adequately covers continuing treatment, lost income, and future expenses.

When there is doubt or a short prescriptive period, consult the prosecution office or a lawyer immediately instead of waiting through informal meetings that are not part of a formally filed barangay case.

Step 3: Prepare the complaint-affidavit

The complaint-affidavit is the sworn written statement that formally accuses the respondent and supplies the facts supporting prosecution. Write it chronologically and from personal knowledge.

It should contain:

Your full name, age, address, and contact details;
The respondent’s full name and last known address, if known;
The exact date, approximate time, and place of the incident;
A clear account of what happened before, during, and after the attack;
The specific act of each respondent;
The body parts struck and any weapon or object used;
Your immediate symptoms and later medical findings;
The treatment received and continuing effects;
The identities of witnesses and what each personally observed;
Any relevant threats, admissions, messages, or prior acts;
A numbered list of attached evidence; and
A request that the proper criminal charge be filed.

Avoid conclusions unsupported by facts. Do not exaggerate the number of blows, identify a person you did not actually recognize, or claim permanent disability before it has been medically established. Disclose material facts that may later appear in CCTV, witness accounts, or the respondent’s evidence.

The affidavit must be sworn before a prosecutor, another government official authorized to administer oaths, or, when appropriate, a notary public. If the receiving office administers the oath, do not sign beforehand unless instructed.

Step 4: Assemble the filing package

Under the current DOJ-NPS rules, prepare:

The original complaint-affidavit;
Two duplicate copies for the prosecution office’s official file;
An additional copy for each respondent;
A duly accomplished NPS Investigation Data Form;
Matching copies of witness affidavits and supporting evidence;
The Certificate to File Action, if barangay conciliation was required; and
A valid identification document and any other item required by the receiving office.

Before filing, confirm the office’s current checklist, paper format, and receiving hours. The 2024 DOJ rules recognize electronic filing as an alternative, but implementation and official addresses can vary among prosecution offices. Use only a channel officially designated by the particular prosecution office, comply with its file-format instructions, and retain the acknowledgment. Sending documents to a generic email address or an assistance desk does not necessarily constitute filing.

Step 5: File in the proper place

The usual and safest route is the City or Provincial Prosecution Office covering the city or municipality where the offense occurred or where an essential element occurred.

For offenses requiring regular preliminary investigation under the current DOJ rules—generally those carrying at least six years and one day—filing begins with the proper prosecution office. Lower-penalty cases filed with the National Prosecution Service are handled under the DOJ’s summary or expedited procedures.

Rule 110 still provides that certain lower-penalty complaints may be filed directly with an MTC or MCTC outside Manila and other chartered cities; in Manila and chartered cities, filing is ordinarily with the prosecutor unless the city charter provides otherwise. Because the correct offense and penalty may not yet be settled, filing first with the proper prosecutor is generally less risky.

Ask the receiving clerk to stamp your copy with the date, time, office, and docket or reference number. Keep the original receiving proof in a safe place.

What the prosecutor does next

The applicable DOJ-NPS procedure depends on the prescribed penalty and court jurisdiction:

Summary investigation: Generally covers offenses punishable by one day to one year, a fine regardless of amount, or both. It is an ex parte evaluation, meaning the prosecutor may resolve the complaint from the complete evidence submitted without first requiring a counter-affidavit.
Expedited preliminary investigation: Generally covers offenses punishable by one year and one day to six years that fall exclusively within first-level-court jurisdiction.
Regular preliminary investigation: Generally covers offenses carrying at least six years and one day and cases otherwise placed under regular investigation or inquest rules.

The prosecution standard is prima facie evidence with reasonable certainty of conviction. The evidence must be credible, legally usable, capable of preservation and presentation at trial, and sufficient—if left uncontradicted—to establish the elements of the offense. The Supreme Court upheld the validity of this current DOJ standard in Meking v. Remulla.

The prosecutor may:

Require missing or additional evidence;
Conduct case build-up;
Issue a subpoena in an expedited or regular investigation;
Dismiss the complaint; or
Find sufficient basis and prepare an Information for filing in court.

Filing a complaint does not automatically produce an arrest warrant. If an Information is filed, the judge independently determines whether judicial probable cause exists and whether a warrant is necessary.

If you receive an adverse resolution, seek legal advice immediately. Under Department Circular No. 028, no motion for reconsideration is entertained in a summary investigation, while an aggrieved party in an expedited preliminary investigation has 10 calendar days from receipt to seek reconsideration. Under Department Circular No. 015, the period for reconsideration in a regular preliminary investigation is 15 days from receipt. Other review remedies and deadlines depend on the case and issuing office.

Evidence to preserve

Medical evidence

Keep certified or authenticated copies of:

Medical certificates and medico-legal reports;
Emergency-room and consultation records;
Clinical abstracts and discharge summaries;
X-rays, CT scans, laboratory results, and photographs taken by medical staff;
Prescriptions, rehabilitation records, and follow-up findings;
Receipts for treatment, medicine, transportation, and assistive devices; and
Records showing medically required leave or work restrictions.

Return for medically necessary follow-up care. A later diagnosis, complication, or longer actual incapacity may affect the classification.

Photographs and recordings

Photograph injuries as soon as safely possible and during healing.
Keep the original, unedited files with their metadata.
Back them up in a separate account or device.
Preserve full videos and audio recordings, not only selected clips.
Identify who made each recording and when.

CCTV and digital evidence

Ask businesses, building administrators, schools, transport operators, or homeowners to preserve CCTV immediately because systems may overwrite recordings. Put the request in writing and keep proof it was sent.

Save complete message threads, call logs, emails, social-media messages, location data, and relevant posts. Export original data when possible; screenshots alone may omit dates, account identifiers, and context.

Witness and physical evidence

Record each witness’s full name, address, phone number, and what the witness personally saw or heard. Obtain a sworn affidavit while memories are fresh.

Do not wash, repair, alter, or casually handle torn or bloodstained clothing or other potential physical evidence. Coordinate with the investigator regarding proper turnover and documentation. Never keep or transport a dangerous weapon merely to preserve it; call the police.

Proof of financial loss

Keep:

Hospital and pharmacy receipts;
Employer certification of absences and lost wages;
Payslips or business records showing lost income;
Transportation and caregiving expenses; and
Quotations or receipts for rehabilitation and continuing treatment.

The civil action to recover liability arising from the offense is ordinarily deemed included in the criminal case unless it is waived, reserved, or filed earlier. Civil Code Article 33 also recognizes an independent civil action for physical injuries, subject to procedural rules and the prohibition against double recovery. Get advice before waiving or separately filing a civil claim.

Common mistakes to avoid

Treating the police blotter as the completed criminal complaint;
Waiting for all injuries to heal before obtaining medical evidence;
Relying only on a medical certificate while withholding clinical records and diagnostic results;
Missing the two-month prescriptive period for slight physical injuries;
Going through barangay conciliation when it is legally unnecessary—or bypassing it when it is mandatory;
Filing in the wrong territorial office;
Providing an incomplete or incorrect respondent address;
Posting edited evidence online instead of preserving the original;
Contacting or threatening the respondent after filing;
Omitting facts that may appear unfavorable but are visible in CCTV or known to witnesses;
Guessing the legal classification from the seriousness of the pain alone;
Signing a broad settlement, waiver, or affidavit of desistance without advice; and
Ignoring a prosecutor’s notice or assuming the police will monitor the case for you.

When legal help is urgent

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

The victim may have suffered permanent disability, deformity, loss of a bodily function, or more than 30 days of incapacity;
A firearm, knife, poison, or other deadly means was used;
The circumstances indicate possible intent to kill;
The victim is a child, an older person, a person with a disability, or someone in custody;
The offender is a spouse, former spouse, dating or sexual partner, or a person with whom the victim has a common child;
The offender is a police officer, public official, employer, teacher, guardian, or person in authority;
The attacker is threatening witnesses, destroying evidence, or attempting another assault;
Barangay personnel are insisting on conciliation despite an apparent legal exception;
The offense may prescribe soon;
A complaint has been dismissed or an adverse resolution has been received; or
The victim is being pressured to sign a settlement or affidavit of desistance.

Special protection for violence against women and their children

When physical harm is committed against a woman by her husband, former husband, a person with whom she has or had a sexual or dating relationship, or a person with whom she has a common child—or against her child—the conduct may fall under Republic Act No. 9262.

The victim may report to the PNP Women and Children Protection Desk and seek:

A Barangay Protection Order, generally issued on the date of application after an ex parte determination and effective for 15 days;
A court-issued Temporary Protection Order, effective for 30 days and renewable as allowed by law; and
A Permanent Protection Order after notice and hearing.

Ordinary barangay mediation and conciliation provisions do not apply to proceedings seeking relief under Republic Act No. 9262, and officials may not pressure the applicant to compromise or abandon protection. The criminal complaint and an application for protection are related but distinct remedies; pursuing one does not necessarily replace the other.

Time limits: do not wait

Under Articles 90 and 91 of the Revised Penal Code:

Slight physical injuries and maltreatment, as light offenses, generally prescribe in two months.
Ordinary less serious physical injuries generally prescribe in five years.
Serious physical injuries may prescribe in 10, 15, or, in qualified circumstances, 20 years, depending on the prescribed penalty.
Qualified forms of less serious injuries may have a different period.

The period normally begins when the offense is discovered by the offended party, authorities, or their agents. Filing the criminal complaint with the prosecutor interrupts prescription, including for offenses handled through summary procedures, as clarified by the Supreme Court in People v. Consebido. Barangay filing interrupts the period only under the limited 60-day rule discussed above.

These periods can depend on the final charge, qualifying circumstances, procedural history, and the proper legal computation of dates. File as early as possible rather than treating the last day as a target.

Frequently asked questions

Can I file even without a medical certificate?

Yes, but the absence of medical documentation can make the injury and its duration substantially harder to prove. Article 266 also covers some ill-treatment without injury. Obtain an examination as soon as possible and explain any unavoidable delay.

Do I need a lawyer to file?

A complainant may file personally. A lawyer is not required merely to execute and submit a complaint-affidavit, but legal help is valuable when the charge is uncertain, injuries are serious, several respondents are involved, self-defense is alleged, or a deadline is close.

Is a barangay blotter enough?

No. A barangay or police blotter is evidence that a report was made. It is not a substitute for the required barangay conciliation record, Certificate to File Action, or prosecutor-filed complaint-affidavit.

What if the attacker apologizes or the victim executes an affidavit of desistance?

Physical injuries are generally public offenses. An apology or affidavit of desistance does not automatically require the prosecutor or court to dismiss the case. A valid Katarungang Pambarangay settlement can have binding effects when that process legally applies. Obtain advice before signing.

What if I fought back?

Report the complete sequence, including who initiated the aggression, whether the attack was continuing, how you responded, and when you stopped. Self-defense requires a fact-specific legal assessment. Concealing your own actions can damage credibility if recordings or witnesses later reveal them.

Will the attacker be arrested after I file?

Not automatically. A lawful warrantless arrest may lead to an inquest. Otherwise, the prosecutor first determines whether to file an Information, after which the judge independently decides whether there is probable cause and whether an arrest warrant should issue.

Official legal sources

This article provides general Philippine legal information, not legal advice for a particular incident. The correct charge, venue, procedure, evidence, and deadline depend on the complete facts and documents. Sources and procedures were checked as of August 4, 2026.