Quick answer
To file a complaint for physical injuries in the Philippines:
- Get medical treatment and a medical or medico-legal certificate as soon as possible.
- Report the incident to the police and give a detailed statement.
- Determine whether barangay conciliation is a legal prerequisite.
- Prepare a sworn complaint-affidavit, witness affidavits, and supporting evidence.
- File them with the City or Provincial Prosecutor’s Office that has territorial jurisdiction over the place where the incident occurred. If the suspect was lawfully arrested and remains detained, the case ordinarily proceeds through inquest.
- Keep the receiving copy and monitor subpoenas, hearings, and resolutions.
A police blotter records the incident but does not, by itself, complete the filing of the criminal complaint. Act quickly—slight physical injuries generally prescribe in only two months.
Put safety and medical care first
If violence is continuing, the aggressor has a weapon, or anyone needs urgent medical attention, move to a safe place and call the nationwide Unified 911 Emergency Hotline.
Go to a hospital or clinic promptly even if the injury initially looks minor. Some injuries, including head trauma and internal injuries, may become apparent later. Tell the healthcare provider accurately:
- When, where, and how the injury occurred
- What object or weapon was used
- Which parts of the body were hit
- Whether you lost consciousness, vomited, felt dizzy, had difficulty breathing, or experienced numbness
- Whether you remain unable to work or perform normal activities
Ask for copies of the medical certificate, clinical abstract, prescriptions, diagnostic results, photographs taken by the facility, and receipts. Attend follow-up examinations. The final diagnosis and actual period of incapacity or medical attendance can affect the proper charge.
What kind of physical-injuries case may apply?
The prosecutor determines the proper offense from the evidence. You do not have to identify the exact article perfectly in your affidavit; describe the facts completely and truthfully.
Under Articles 262 to 266 of the Revised Penal Code, as amended by Republic Act No. 10951, intentional physical injuries are generally classified as follows:
| Possible classification | General rule |
|---|---|
| Slight physical injuries | Incapacity for work or required medical attendance for one to nine days; an injury that does not prevent habitual work and requires no medical assistance; or ill-treatment by deed without an injury |
| Less serious physical injuries | An injury not classified as serious that incapacitates the victim or requires medical assistance for 10 to 30 days |
| Serious physical injuries | Injuries causing more than 30 days of illness or incapacity, deformity, loss or loss of use of a body part or sense, permanent occupational incapacity, insanity, impotence, blindness, or other consequences listed in Article 263 |
| Mutilation | Intentional deprivation of an essential reproductive organ or another intentional mutilation covered by Article 262 |
The number of days is not the only consideration. Permanent impairment, deformity, the body part affected, the victim’s habitual work, and circumstances surrounding the attack can change the charge.
The case may instead involve attempted or frustrated homicide or murder if the evidence shows intent to kill. Injuries caused without intent—such as through negligent driving—may fall under reckless imprudence. Robbery, hazing, child abuse, violence against women and children, direct assault, or another special offense may apply when their additional elements are present.
Step 1: Document the incident immediately
Write a private, dated account while your memory is fresh. Include:
- Exact date, approximate time, and specific location
- The aggressor’s name, address, physical description, and relationship to you
- The words spoken before, during, and after the attack
- Every act committed, in chronological order
- The weapon or object used
- The body parts struck and symptoms experienced
- Why you recognized the aggressor
- Names and contact details of witnesses
- Nearby establishments, homes, vehicles, or devices that may have CCTV or recordings
- Any threats, demands, or attempts to pressure you afterward
Do not exaggerate or guess. If you do not remember an exact time, say it is approximate.
Step 2: Preserve evidence
Keep both the original evidence and a backup. Useful evidence may include:
- Medical and medico-legal certificates
- Emergency-room and hospital records
- X-rays, CT scans, laboratory results, and prescriptions
- Clear photographs of injuries taken over several days
- Videos, audio recordings, and CCTV footage
- Torn or bloodstained clothing and objects used in the attack
- Text messages, emails, call logs, and social-media messages
- Witness affidavits
- Police reports, incident reports, and blotter extracts
- Proof of absence from work, salary loss, or business interruption
- Receipts for treatment, medicine, transportation, rehabilitation, and assistive devices
For digital evidence, preserve the original device and unedited files. Export the complete conversation when possible. Screenshots should show the account, date, time, and surrounding context. Do not crop away identifying information or alter the image.
Request CCTV footage immediately. Many systems overwrite recordings after a short retention period. Send the owner a written preservation request and keep proof that it was received.
Step 3: Report to the police
Go to the police station covering the place of the incident. For violence involving a woman or child, ask for the Women and Children Protection Desk.
Bring identification and the evidence already available. Give a detailed statement and request copies or reference numbers for:
- The police blotter entry
- Your sworn statement
- The police investigation report, when available
- Any request or referral for medico-legal examination
- The investigator’s name and contact details
Read every statement before signing. Correct missing dates, inaccurate descriptions, or statements you did not make. Do not sign a blank or incomplete affidavit.
Reporting promptly helps preserve evidence, but delay does not automatically make a truthful complaint invalid. Explain any delay—for example, hospitalization, fear, threats, dependence on the aggressor, or lack of safe access to authorities.
Step 4: Check whether barangay conciliation is required
Under Sections 408 and 412 of the Local Government Code, prior Katarungang Pambarangay proceedings are a condition before filing certain disputes in court or another government office for adjudication.
Barangay conciliation generally applies only when the dispute is within the lupon’s authority. Important considerations include:
- The parties’ actual residences
- Whether they reside in the same city or municipality
- Whether barangays in different cities or municipalities adjoin and both parties agree to barangay proceedings
- The maximum imprisonment and fine authorized for the exact offense
- Whether a statutory exception applies
Do not assume that every slight or less serious physical-injuries case requires barangay proceedings. Section 408 excludes offenses punishable by imprisonment exceeding one year or a fine exceeding ₱5,000. Because Republic Act No. 10951 increased some fines under the Revised Penal Code, the answer can depend on the particular paragraph and circumstances charged.
When the dispute is covered:
- Parties residing in the same barangay ordinarily file there.
- If they live in different barangays within the same city or municipality, the complaint is generally brought in the barangay where the respondent actually resides, at the complainant’s election when there is more than one respondent.
- The parties ordinarily appear personally, without lawyers, subject to the special rule for minors and incompetent persons.
- If no settlement is reached, obtain the properly issued Certificate to File Action and attach it to the prosecutor’s complaint.
The prescriptive period is interrupted when the covered complaint is filed with the Punong Barangay, but the interruption cannot exceed 60 days. It resumes when the complainant receives the appropriate certificate or, at the latest, after the statutory 60-day limit. Do not allow an unresolved barangay proceeding to consume the remaining filing period.
Direct resort is allowed in circumstances stated in Section 412, including when the accused is detained or when waiting would cause the action to be barred by prescription.
Violence against women and their children
If the victim is a woman and the aggressor is or was her husband, dating or sexual partner, or a person with whom she has a common child—or the violence is directed against her child—Republic Act No. 9262 may apply.
Proceedings seeking relief under that law are not subject to ordinary barangay conciliation. Officials must not pressure an applicant to compromise or abandon protection. A Barangay Protection Order may be issued on the date of application after an ex parte determination and is effective for 15 days. Court-issued temporary and permanent protection orders provide broader relief.
Ask the police Women and Children Protection Desk, barangay VAW desk, prosecutor, or Family Court about both the criminal complaint and immediate protection. Seeking a protection order does not prevent the filing of a criminal complaint.
Step 5: Prepare the complaint-affidavit
The complaint-affidavit is the sworn written accusation. It should state:
- Your complete name and address
- The respondent’s complete name and last known address
- The date and place of the incident
- A chronological, first-person account of what happened
- How you identified the respondent
- The injuries, medical treatment, and incapacity caused
- Relevant threats or surrounding circumstances
- The witnesses and evidence supporting your account
- A request that the respondent be charged under the applicable law
Attach witness affidavits and label supporting documents clearly—for example, “Annex A, Medical Certificate” and “Annex B, Photographs.”
The affidavit must be sworn before a prosecutor or another government official authorized to administer oaths or, when they are unavailable, a notary public. Sign only in the administering officer’s presence unless that officer gives a lawful alternative procedure.
Under the DOJ’s current investigation rules, prepare:
- One original complaint-affidavit
- Two duplicate copies for the official file
- One additional copy for each respondent
- Corresponding copies of witness affidavits and supporting evidence
- A duly accomplished NPS Investigation Data Form, signed or sworn as required
The receiving office may require organized physical sets, electronic copies, or additional administrative documents. Confirm its current checklist before filing. The DOJ’s official checklist specifically identifies a medical certificate showing the nature and extent of the injury as a supporting document in physical-injuries cases.
Step 6: File with the proper prosecutor’s office
File with the Office of the City Prosecutor or Provincial Prosecutor having jurisdiction over the place where the offense was committed or where an essential element occurred. The general venue rule appears in Section 15 of Rule 110.
In-person filing remains the safest baseline because you can obtain a stamped receiving copy. The 2024 DOJ rules also recognize electronic filing and virtual proceedings as alternatives, but availability and local instructions may differ by prosecution office. Confirm the authorized address, file format, size limits, and whether physical originals must follow. Do not send a complaint to an unofficial personal email or social-media account.
Ask the receiving clerk to stamp your copy with the filing date, time, docket number, and list of attachments. Keep that copy permanently.
For lower-penalty offenses, Rule 110 also recognizes direct filing in certain first-level courts, subject to the special rule for Manila and other chartered cities. Current DOJ rules, however, provide summary or expedited investigation procedures for offenses carrying up to six years. Filing through the proper prosecution office is generally the more reliable route unless a prosecutor or lawyer confirms that direct court filing
Quick answer
To file a complaint for physical injuries in the Philippines:
- Get to safety and obtain medical treatment immediately.
- Ask the doctor or hospital for a medical or medico-legal certificate describing every injury, treatment, and expected period of incapacity or medical attendance.
- Report the incident to the police and obtain the blotter or incident-report details.
- Determine whether barangay conciliation is legally required. If it is, complete the proceedings and secure a Certificate to File Action.
- Prepare a sworn complaint-affidavit, witness affidavits, and supporting evidence.
- File them with the City or Provincial Prosecutor’s Office having territorial jurisdiction over the place where the attack occurred. A police report alone does not complete this step.
File promptly. Slight physical injuries ordinarily prescribe in only two months. The correct charge, filing route, and prescriptive period depend on the medical findings, the circumstances of the attack, the relationship between the parties, and any special law that applies.
Attend to safety and medical needs first
If the assault is ongoing, the attacker is armed, or anyone needs urgent medical help, call the nationwide Unified 911 Emergency Hotline or go to the nearest police station, hospital, or safe place.
Do not delay treatment merely to photograph an injury or make a police report. Tell the healthcare provider truthfully how, when, and where each injury occurred. Ask that all complaints—including pain, dizziness, blurred vision, difficulty breathing, numbness, limited movement, or loss of consciousness—be recorded.
Obtain copies of:
- The medical or medico-legal certificate
- Clinical records, prescriptions, laboratory and imaging results
- Hospital statements, official receipts, and pharmacy receipts
- Follow-up findings and certificates showing actual days of incapacity or medical attendance
Return for follow-up care when directed. Some injuries or lasting impairments become clear only after the first examination.
What charge may apply?
The victim does not have to make the final legal classification. State the complete facts and submit the medical evidence; the prosecutor determines the proper charge.
Under Articles 262 to 266 of the Revised Penal Code, intentional injuries are generally classified as follows:
| Possible offense | General indicator |
|---|---|
| Slight physical injuries | Incapacity for work or required medical attendance lasting one to nine days; an injury that causes neither incapacity nor a need for medical assistance; or maltreatment by deed without injury |
| Less serious physical injuries | An injury not classified as serious that causes incapacity or requires medical assistance for 10 to 30 days |
| Serious physical injuries | Incapacity or illness lasting more than 30 days, or consequences such as deformity, loss or loss of use of a body part or sense, blindness, insanity, impotence, or specified lasting incapacity |
| Mutilation | Intentional deprivation of an essential reproductive organ or another intentional mutilation |
The statutory fines for less serious and slight physical injuries were adjusted by Republic Act No. 10951.
The number of treatment days is important but not always decisive. The actual incapacity, permanent consequence, medical records, and wording of the applicable provision must all be considered.
A different or more serious charge may apply when, for example:
- The evidence shows intent to kill, which may support attempted or frustrated homicide or murder.
- The injury was caused through reckless driving or another negligent act, which may fall under reckless imprudence.
- Violence accompanied robbery, sexual violence, unlawful detention, hazing, or another offense.
- The victim is a woman or her child and the offender is a husband, former husband, dating or sexual partner, or a person with whom she has a common child.
- The victim is a child and the facts satisfy the elements of a child-abuse offense.
- The attack was directed at a person in authority or an agent performing official duties.
Do not omit facts about weapons, threats, repeated blows, the body parts targeted, statements made by the attacker, the number of attackers, or efforts to prevent escape. These details may affect the proper charge.
Step 1: Make a police report
Report the incident to the police as soon as it is safe to do so. Bring identification and, if available, your medical certificate, photographs, video, witness information, and the attacker’s identifying details.
Read your statement before signing it. Correct inaccurate dates, locations, names, or descriptions. Request the blotter entry number, investigator’s name, station contact details, and a copy or certification of the police report when available.
A barangay blotter or police blotter is useful evidence, but it is not a substitute for filing the required complaint with the proper barangay or prosecutor.
If the suspect was lawfully arrested without a warrant and remains detained, the case may undergo inquest. Give the police and inquest prosecutor your sworn statement and available evidence immediately. Barangay conciliation is not a prerequisite while the accused is under detention.
Step 2: Check whether barangay conciliation is required
Prior barangay proceedings are a condition before filing certain disputes in court or another government office. Under Sections 408 and 412 of the Local Government Code, this generally applies only when the dispute is within the authority of the Lupong Tagapamayapa.
Do not assume that every slight or less serious physical-injuries case requires barangay conciliation. Coverage depends on:
- Where the parties actually reside
- The precise offense and its statutory penalties
- Whether the accused is detained
- Whether a special law excludes conciliation
- Whether the filing deadline is about to expire
The lupon generally has authority when the parties actually reside in the same city or municipality. If they live in different barangays within that city or municipality, the complaint is ordinarily brought in the respondent’s barangay. Parties from different cities or municipalities are generally outside lupon authority unless their barangays adjoin and they agree to submit the dispute.
The Local Government Code excludes, among others, offenses punishable by imprisonment exceeding one year or a fine exceeding ₱5,000. Because Republic Act No. 10951 increased some fines under the Revised Penal Code, barangay coverage must be checked against the exact provision allegedly violated.
When the case is covered:
- Make an oral or written complaint to the Punong Barangay.
- Attend personally. Lawyers generally may not appear for parties in Katarungang Pambarangay proceedings, except as allowed by law for a minor or incompetent party.
- If no settlement is reached, obtain the properly signed and attested Certificate to File Action.
- Attach the certificate to the prosecutor’s complaint.
A required barangay proceeding may be bypassed when the accused is detained, a person is unlawfully deprived of liberty, the action is coupled with specified provisional remedies, or waiting may cause the claim to be barred by prescription.
Filing with the Punong Barangay interrupts prescription only while the dispute is under mediation, conciliation, or arbitration and for no more than 60 days. The period resumes upon receipt of the Certificate to File Action or other applicable certificate, or when the 60-day maximum is reached. Do not let barangay proceedings consume the remaining filing period.
Special rule for violence against women and their children
If the victim and offender have the relationship covered by Republic Act No. 9262, ask the police Women and Children Protection Desk, prosecutor, or lawyer to assess a VAWC complaint and protection order immediately.
Proceedings seeking relief under the Anti-VAWC Act are not subject to ordinary Katarungang Pambarangay mediation and conciliation. Barangay officials and courts must not pressure the applicant to compromise or abandon requested protection.
Available protection may include:
- A Barangay Protection Order, issued on the date of filing after an ex parte determination and effective for 15 days
- A court-issued Temporary Protection Order, generally effective for 30 days
- A Permanent Protection Order after notice and hearing
- Stay-away, residence, custody, support, firearm, and other safety-related relief, when justified
A protection-order application is separate from, and does not prevent, a criminal complaint. If disclosing the victim’s address would create danger, state that in the application instead of casually revealing the confidential address.
Step 3: Prepare the complaint-affidavit
A complaint-affidavit is a written statement made under oath. It should give a clear, chronological, first-person account and include:
- The complainant’s full name and address
- The respondent’s full name, aliases, and last known address
- The exact or best-known date, time, and place of the incident
- How the incident began
- What each respondent did
- The weapon or object used, if any
- The words, threats, or demands made
- The body parts struck and the injuries or symptoms that followed
- How the respondent was identified
- The names and contact details of witnesses
- Medical treatment, follow-up care, and days unable to work or perform usual activities
- Expenses, lost income, damaged property, and other harm
- Prior related incidents, when legally relevant
- A statement that the allegations are true based on personal knowledge
Separate what you personally saw or experienced from what another person told you. Do not exaggerate, guess, or copy allegations you do not understand.
The affidavit must be sworn before a prosecutor or government official authorized to administer oaths, or, when they are unavailable, before a notary public. Do not sign it in advance if the administering officer requires signing in their presence.
Step 4: Assemble the evidence
Submit evidence that is authentic, identifiable, and capable of being presented in court. Useful material commonly includes:
- Medical or medico-legal certificates and complete treatment records
- Clear photographs of injuries taken on different dates as bruising or swelling develops
- Original CCTV, dashcam, or phone-video files
- Witness affidavits based on personal knowledge
- Police investigation reports and blotter certifications
- Clothing or objects bearing blood, tears, or other relevant marks
- Messages, calls, voice recordings, posts, or threats connected to the incident
- Proof of the respondent’s identity and last known address
- Work records or a certificate showing absences and lost income
- Official receipts for treatment, medicine, transportation, therapy, or repair
- A Certificate to File Action, when barangay conciliation was required
Preserve original digital files. Keep the device or storage medium when practical, retain metadata, and make secure backup copies. Export full conversations rather than isolated screenshots. Record who obtained CCTV footage, when it was copied, and from what system. Ask establishments to preserve footage promptly because routine systems may overwrite it.
Do not edit injury photographs, discard originals, coach witnesses, post evidence publicly, or contact the respondent in a way that creates further danger.
Step 5: File with the proper prosecution office
File with the Office of the City Prosecutor or Provincial Prosecutor having jurisdiction over the place where the offense occurred or where an essential element occurred. Rule 110 provides the governing venue and commencement rules in the Rules of Criminal Procedure.
Under the 2024 DOJ-NPS rules, the standard filing set for summary and expedited investigation consists of:
- One original complaint-affidavit
- Two duplicate copies for the official file
- One additional copy for every respondent
- A completed NPS Investigation Data Form
- Corresponding copies of witness affidavits and supporting evidence
Bring extra copies and identification. Local receiving procedures may require document labels, pagination, electronic copies, or other administrative details. Confirm the current checklist and accepted filing channel directly with the prosecution office. The DOJ rules allow electronic filing as an alternative, but availability and implementation must be verified with the particular office; do not assume that emailing an unconfirmed address constitutes filing.
The DOJ’s published checklist specifically identifies the medical certificate and, when applicable, the Certificate to File Action as supporting requirements in physical-injuries cases. See the DOJ filing checklist and Department Circular No. 015, series of 2024.
Before leaving, obtain a stamped receiving copy, docket number, official receipt for any lawful fee, and instructions for checking the case.
What happens after filing?
The prosecutor evaluates whether the available, admissible, and preservable evidence establishes a prima facie case with reasonable certainty of conviction.
The procedure depends on the penalty prescribed by law:
- Summary investigation: For offenses punishable by one day to one year of imprisonment, a fine regardless of amount, or both. It is generally an ex parte records-based proceeding, and the prosecutor is directed to resolve the complete record immediately.
- Expedited preliminary investigation: Generally for first-level-court offenses punishable by one year and one day to six years. The prosecutor first assesses the form and completeness of the evidence. A subpoena and counter-affidavit may follow. After docketing and any necessary case build-up, the investigating prosecutor’s resolution period is 20 calendar days from receipt of the complete records; the approving prosecutor has five calendar days.
- Regular preliminary investigation: Applies to cases outside the expedited route, including applicable RTC-cognizable offenses. The respondent normally receives the complaint and may submit counter-evidence. The investigating prosecutor’s resolution period is 60 calendar days from assignment, with a maximum 30-day extension for specified cases; approval and promulgation have separate periods under the DOJ rules.
These are prosecutorial processing periods, not promises that the entire criminal case will finish within that time.
If sufficient evidence exists, the prosecutor prepares an Information for filing in court. If not, the complaint may be dismissed. A dismissal under the 2024 DOJ rules may be without prejudice to refiling when new or additional evidence becomes available, subject to prescription and applicable review rules.
Keep your address, phone number, and email current. Answer subpoenas and requests for evidence promptly. Missing a hearing, changing address without notice, or failing to supply an available original can jeopardize the case.
Filing deadlines and prescription
Do not wait for injuries to disappear, settlement talks to fail, or every record to become available before obtaining legal advice.
Under Articles 90 and 91 of the Revised Penal Code:
- Slight physical injuries, as a light offense, ordinarily prescribe in two months.
- Basic less serious physical injuries punishable by arresto mayor ordinarily prescribe in five years.
- Serious physical injuries commonly prescribe in 10 or 15 years, depending on the applicable paragraph and highest statutory penalty.
- Qualified forms and other offenses may have a different period, including a longer one.
Prescription generally starts when the offense is discovered by the offended party, authorities, or their agents. The exact computation may change with the charge, aggravating circumstances, procedural history, the offender’s absence from the Philippines, and any interruption recognized by law.
For current filings, the Supreme Court has ruled prospectively that filing the criminal complaint with the DOJ prosecution office tolls prescription even for offenses covered by expedited first-level-court procedures. See the April 2, 2025 decision in Commissioner of Internal Revenue v. Consebido.
A medical consultation, private demand letter, social-media post, or police blotter should not be relied upon as the act that interrupts prescription. If the two-month period for slight physical injuries may be involved, seek a prosecutor or lawyer immediately.
Claiming medical expenses and other damages
Under Rule 111, the civil action to recover liability arising from the offense is generally deemed included in the criminal action unless the victim waives it, reserves the right to file separately, or filed a civil action earlier.
Preserve proof of:
- Medical, medicine, rehabilitation, and therapy costs
- Transportation related to treatment
- Lost wages or business income
- Damaged clothing, eyeglasses, devices, or other property
- Future treatment recommended by a qualified healthcare provider
Actual damages normally require competent proof such as official receipts and records. Before signing a settlement, waiver, quitclaim, or reservation of a separate civil action, obtain advice about its effect on both criminal and civil remedies.
An affidavit of desistance does not automatically require a prosecutor or court to dismiss a public criminal case. Once an Information is in court, the prosecution is under the prosecutor’s control and dismissal requires judicial action.
Common mistakes to avoid
- Treating a police or barangay blotter as the completed criminal complaint
- Waiting until the two-month period for slight physical injuries is nearly over
- Skipping required barangay proceedings without confirming an exception
- Going through barangay conciliation when a VAWC protection remedy or urgent exception applies
- Filing in the wrong territorial prosecution office
- Submitting only an initial medical certificate despite later complications
- Leaving out threats, weapons, repeated attacks, or facts showing possible intent to kill
- Failing to provide the respondent’s usable last known address
- Sending only screenshots while deleting the original messages or files
- Posting accusations or confidential evidence publicly
- Signing an inaccurate affidavit because someone else drafted it
- Accepting payment or signing a waiver without understanding its legal effect
- Ignoring a respondent’s counter-complaint or a subpoena from the prosecutor
When legal help is urgent
Consult a criminal-law lawyer, the Public Attorney’s Office if qualified, or the Integrated Bar of the Philippines National Center for Legal Aid immediately when:
- The possible charge is slight physical injuries and the incident occurred weeks ago
- There is permanent impairment, deformity, loss of a sense, or prolonged incapacity
- The attacker used a firearm, knife, vehicle, or other deadly means
- The attack may amount to attempted or frustrated homicide or murder
- The victim is a child or the facts involve domestic or intimate-partner violence
- The offender is a police officer, public official, employer, teacher, or person in authority
- The respondent has threatened witnesses or pressured the victim to withdraw
- The victim is being asked to sign a settlement, waiver, or affidavit of desistance
- The prosecution office dismisses the complaint
- The victim receives a counter-complaint or becomes a suspect in the same incident
- There is uncertainty about barangay coverage, territorial jurisdiction, or prescription
Frequently asked questions
Can I file even if I do not know the exact offense?
Yes. Describe the acts and consequences accurately and submit the evidence. The prosecutor determines the proper legal charge. Do not force the facts into a label or leave out details because they seem inconsistent with a particular offense.
Is a medical certificate required?
The DOJ’s physical-injuries checklist calls for one, and it is usually central to classification and proof. Obtain it as soon as possible. If no certificate is immediately available, preserve all other evidence and ask the proper prosecutor what must be completed rather than allowing the filing period to expire.
Can there be a case if there is no visible injury?
Possibly. Article 266 includes ill-treatment by deed without causing injury. The facts may also support another offense. A visible bruise is not the only legally relevant form of harm.
Do I need a lawyer to file?
A private lawyer is not always required to make a police report or submit a complaint-affidavit. Legal assistance is strongly advisable when the charge, prescription, barangay requirement, special law, or possible counter-charge is unclear.
Can someone else file for the victim?
A complaint may be subscribed by the offended party or another person authorized by law, including certain law-enforcement or public officers. Special laws may allow additional persons to act. The victim’s own sworn account should still be obtained when possible and safe.
Will the respondent be arrested as soon as I file?
Not necessarily. Filing ordinarily begins the prosecutor’s investigation. A court determines judicial probable cause for an arrest warrant after an Information is filed, unless the respondent was lawfully arrested without a warrant and subjected to inquest or another lawful arrest situation applies.
Can the parties settle?
Some cases within barangay authority may be settled through Katarungang Pambarangay. Civil claims may also be compromised in appropriate cases. VAWC protection proceedings cannot be subjected to forced compromise, and a private settlement does not automatically terminate a criminal prosecution already under prosecutorial or court control.
How long will the case take?
The DOJ rules set internal periods for summary, expedited, and regular prosecutorial investigation, but a court case may take longer. Delays may result from service problems, additional evidence, motions, review, witness availability, or court scheduling.
What if CCTV may be erased soon?
Send a written preservation request immediately to the establishment or system owner and ask police investigators to secure a copy. Preserve proof that the request was received. Do not wait for the complaint-affidavit to be completed before trying to save time-sensitive evidence.
Official legal sources
- Revised Penal Code, including Articles 90–91 and 262–266
- Republic Act No. 10951
- Rules 110–127 of the Rules of Criminal Procedure
- Local Government Code provisions on Katarungang Pambarangay
- DOJ Department Circular No. 015, series of 2024
- DOJ complaint-filing checklist
- Anti-Violence Against Women and Their Children Act
- Supreme Court Rule on Violence Against Women and Their Children
This article provides general legal information, not advice for a particular case. The correct charge and procedure depend on the evidence, documents, dates, relationships, and local jurisdiction. Laws and official procedures were checked against primary and official sources current as of August 5, 2026.