**How to File Aggravated-Assault Charges in the Philippines
(A practitioner’s guide for victims, complainants, and advocates)**
TL;DR — Quick road-map
- Get medical treatment and certification immediately.
- Blotter the incident at the nearest police station.
- Prepare a sworn Complaint-Affidavit with all evidence attached.
- File directly with the Office of the City/Provincial Prosecutor (OCP/OPP)—violent crimes are exempt from barangay conciliation.
- Attend preliminary investigation or inquest.
- Follow the case until an Information is filed in the proper trial court, then assert your civil and compensation rights.
Below is the long-form, “everything-you-need-to-know” version. This article is for educational purposes only and is not a substitute for personal legal advice.
1. What exactly is “aggravated assault” under Philippine law?
Philippine penal statutes do not use the U.S. term aggravated assault. Instead, violence against persons may be prosecuted as:
| RPC Article / Special Law | Offence | When it becomes “aggravated” |
|---|---|---|
| Art. 263–266 | Serious, Less-Serious, or Slight Physical Injuries | When any of the aggravating circumstances in Art. 14 are present (treachery, superior strength, etc.) or when the injuries fall under Art. 263(1)–(3). ([C2: Physical Injuries [Art. 262-266] |
| Art. 248–249, 6 | Attempted or Frustrated Homicide/Murder | If the attack shows intent to kill; qualifying/aggravating circumstances raise it to murder. |
| Art. 148 | Direct Assault upon a Person in Authority or Agent | Automatically “aggravated” because the victim is a person in authority/on duty. (Direct Assaults, A148 Revised Penal Code - Legal Resource PH) |
| Special laws | e.g., VAWC (RA 9262), Child Abuse (RA 7610), Anti-Gender-Based Harassment (RA 11313) | The statute itself “qualifies” the assault. |
So, when you tell the police or prosecutor you want to charge “aggravated assault,” be prepared for them to classify it as Serious Physical Injuries, Direct Assault, Frustrated Homicide, or another specific felony.
2. Penalties and elements (post-RA 10951)
RA 10951 (2017) updated the fines and thresholds for all RPC crimes. Serious Physical Injuries may now be punished by prisión mayor (6 y 1 d – 12 y) or even reclusión temporal (12 y 1 d – 20 y) in extreme cases; Direct Assault carries prisión correccional plus up to ₱200,000 fine when committed with a weapon. (REPUBLIC ACT No. 10951 - The Lawphil Project, Direct Assaults, A148 Revised Penal Code - Legal Resource PH)
Because the maximum penalty almost always exceeds one year, aggravated assaults are outside barangay jurisdiction (§412 LGC / Katarungang Pambarangay). (CIRCULAR NO. 14-93 July 15, 1993 - The Lawphil Project)
3. Prescription deadlines
| Crime class | Prescriptive period | Legal basis |
|---|---|---|
| Light felonies (e.g., slight PI) | 2 months | Art. 90 RPC (Filing a Case for Physical Injuries in the Philippines) |
| Crimes punishable by correctional penalties (≤ 6 y) | 5 years | Art. 90 RPC; see DivinaLaw note (Prescription of crimes governed by Rules on Summary Procedure) |
| Afflictive penalties (> 6 y) | 15 years | Art. 90 RPC |
Time is counted from discovery of the offense and stops when the complaint is filed. Do not let these periods lapse.
4. Step-by-step filing procedure
4.1 Immediate actions
- Medical examination (any government or DOH-accredited hospital). Get a MEDICO-LEGAL CERTIFICATE—this establishes the gravity of injuries.
- Police blotter. Narrate the essentials; attach photos/CCTV clips if available. This is not yet the criminal case, but it secures the timeline. (Legal Process for Filing Charges After Being Physically Assaulted in ...)
4.2 Drafting the Complaint-Affidavit
Prepare:
- Narration of facts (who, what, when, where, how).
- Identification of the offender (name, physical description, address, Facebook page, etc.).
- Elements of the target crime—cite Art. 263, 148, etc.
- Attachments: medical certificate, photos, receipts, sworn statements of witnesses, CCTV/phone videos in USB.
- Fill out INV Form No. 1 (Investigation Data Form). (Forms :: Department of Justice - Republic of the Philippines :: Tel ...)
Have everything notarised or sworn before an Assistant City Prosecutor, who can administer oaths.
4.3 Filing venue and fees
File directly with the Office of the City/Provincial Prosecutor where the offense happened or where the respondent may be found.
• Docket fees are minimal (usually ₱75–₱500, varying by city).
• No barangay referral needed because the maximum penalty > 1 year and the act involved violence. (CIRCULAR NO. 14-93 July 15, 1993 - The Lawphil Project)
4.4 Preliminary Investigation (PI) or Inquest
| Scenario | Governing rules | Timeline |
|---|---|---|
| Suspect not arrested | 2019 NPS Manual & 2024 DOJ-NPS Rules on PI (for crimes ≥ 6 y 1 d) | Subpoena: 10 days for counter-affidavit → resolution ideally within 60 days (30 days under the 2024 expedited rules). (DOJ issues its Rules on Summary Investigation and Expedited Preliminary ...) |
| Suspect arrested without warrant | Inquest under Rule 112, §5 ROC; must be started within 36 h (for crimes punishable by afflictive penalties) or detainee must be released. |
Both procedures end with a Resolution:
- Probable cause found → an Information is filed in court (RTC for serious PI/attempted homicide; MTC for less-serious PI).
- Dismissed → complainant may file a Petition for Review to the DOJ (§ 12 DOJ Rules). (Filing of an Appeal/Petition for Review (PetRev) - Department of Justice)
4.5 Trial and evidence
Complainant becomes the private offended party and may hire counsel or request free assistance from PAO. Present:
- Medical examiner (to prove injury),
- Eyewitnesses/CCTV custodian,
- Yourself—describe pain, trauma, expenses (to support damages).
5. Civil, protective, and compensation remedies
- Automatic civil liability (Art. 100 RPC). File a Motion to Fix Damages or present evidence during trial.
- Independent civil action for damages under Art. 32 & 33 Civil Code (no filing fees if already intervening in the criminal case).
- Victim Compensation: If the assault qualifies as a violent crime, apply to the Board of Claims (RA 7309) within 6 months from final judgment. (Republic Act No. 7309 March 30, 1992 - The Lawphil Project)
- Protection Orders:
• Barangay / Temporary / Permanent Protection Order (RA 9262) for family-related violence.
• Witness Protection Program for serious threats.
6. Common practical issues & tips
| Issue | Practitioner tip |
|---|---|
| Wrong legal label | Don’t panic. Prosecutors can re-classify the offense motu proprio; what matters is the factual narration. |
| Delay in PI resolution | Politely follow up; attach a Motion to Resolve citing Art. III, §16 (speedy case) if > 60 days. |
| Medical bills | Keep every receipt—needed for both criminal restitution and civil action. |
| Settlement pressure | Remember: serious physical injuries are public crimes; only the State can withdraw. Private pardon may affect civil liability but not the criminal case. |
7. Quick reference checklist (print-friendly)
- Medico-legal certificate
- Police blotter receipt
- Complaint-affidavit (notarised)
- INV Form No. 1
- All attachments (photos, CCTV, receipts, witness affidavits)
- Proof of identity/residence of respondent (if available)
- Filing fee receipt
- Diary of dates (for prescription monitoring)
8. Frequently Asked Questions
Q 1: Can I still file if the assault happened two years ago?
A: Yes, if the crime is punishable by more than arresto menor (i.e., more than 30 days’ imprisonment). You have at least 5 years (or 15 years for serious PI/direct assault) from discovery. (Prescriptive Periods of Crimes - BATASnatin.com)
Q 2: The respondent offered to pay my hospital bills if I withdraw. Should I?
Compromise does not bar prosecution of public crimes. Accepting restitution is allowed, but the prosecutor may proceed and the court must still approve any plea-bargain.
Q 3: I am abroad—can I file through a representative?
Yes. Execute a Special Power of Attorney (consular-notarised) authorising an attorney-in-fact to swear and file the complaint, then appear online for clarificatory hearings when summoned.
9. Take-aways
“Aggravated assault,” Philippine-style, is really a bundle of RPC crimes whose penalties were stiffened by RA 10951. Violence + injury almost always means the barangay is skipped and you go straight to the prosecutor’s office. Time limits, medical evidence, and complete affidavits win cases.
Stay safe, document everything, and if in doubt, consult a qualified lawyer or the Public Attorney’s Office.