Is Hair-Pulling and “Ganging Up” a Crime?

Physical Injuries, Grave Coercion, and Unjust Vexation in Philippine Law

This guide unpacks how a hair-pulling incident—or a group attack (“ganging up”)—is treated under Philippine criminal law, how liability is determined, and what remedies are available.

1) The usual starting point: Physical Injuries (Revised Penal Code)

Hair-pulling is use of physical force. The moment it causes pain, bruising, scratches, swelling, or even temporary dizziness, it typically falls under physical injuries in the Revised Penal Code (RPC). Whether it’s “serious,” “less serious,” or “slight” depends on the effect on the victim—not on how “light” the aggressor thinks it was.

Classification (what prosecutors and courts look at):

Serious Physical Injuries (Art. 263) – where the harm is grave (e.g., loss of eyesight/hearing, speech, limb; paralysis; serious deformity; or incapacity to work or need for medical attendance for a long period).
Less Serious Physical Injuries (Art. 265) – where the victim is incapacitated for 10 to 30 days or needs medical attendance for the same period.
Slight Physical Injuries and Maltreatment (Art. 266) – where the victim is incapacitated for 1 to 9 days or needs medical attendance for that time; or where there are no objective injuries but there was ill-treatment by deed (e.g., hair-pulling that causes pain/humiliation without measurable injury).

Key idea: Hair-pulling that leaves no visible injury can still be slight physical injuries because “maltreatment by deed” is punishable.

Evidence that matters: medico-legal report (or any medical certificate), photos/video (CCTV, phone), witness statements, and detailed affidavits describing pain, dizziness, hair loss, scalp tenderness, days of missed work, prescriptions, etc. The number of days medically required for recovery or the incapacity to work is crucial to classify the offense.

2) When it becomes Grave Coercion (Art. 286)

If hair-pulling (or any physical force) is used to compel or prevent someone from doing something—e.g., dragging a person by the hair to force an apology, to make them enter a car, to keep them from leaving a room, or to surrender their phone—prosecutors may charge grave coercion instead of (or in addition to) physical injuries.

Elements of grave coercion:

The offender compels or prevents another from doing something not prohibited by law (or compels them to do something against their will),
By means of violence, threat, or intimidation, and
Without legal authority or right.

Practical tip: If the main wrong is forcing the will of the victim (with or without injury), grave coercion fits. If the main wrong is the injury itself, physical injuries is primary. Both can be charged, but courts avoid double punishment for the same act; prosecutors will frame the theory based on the predominant harm.

3) Is it Unjust Vexation (Art. 287)?

Unjust vexation punishes unwarranted annoyance or irritation that has no lawful purpose and isn’t covered by another specific offense. Because hair-pulling is physical contact that constitutes maltreatment even without injury, the proper charge is usually slight physical injuries, not unjust vexation.

Rule of thumb:

Words/acts that irritate but don’t fit another crime → possibly unjust vexation.

Any physical ill-treatment (like hair-pulling) → slight physical injuries rather than unjust vexation.

4) “Ganging Up”: multiple attackers and aggravating factors

When several persons gang up on a victim, prosecutors look for circumstances that increase liability or raise penalties:

Abuse of superior strength (an aggravating circumstance) – when offenders take advantage of their collective strength or the victim is notably weaker/vulnerable (e.g., lone victim vs. several assailants).
By a band – technically requires at least three armed men acting together (a separate aggravating circumstance).
In the presence of minors or in a public place – can be considered as aggravating depending on the facts (e.g., scandal, brazenness).
Disregard of sex, age, or dwelling – may apply if the victim is, e.g., a woman, elderly, or the act occurs inside the victim’s home.
Use of vehicles (to facilitate the assault/escape) – may aggravate.
Conspiracy – if there’s concerted action or a common intent, each participant can be liable as a principal even if not every one of them touched the victim.

Important: Even minimal roles (holding the victim while another pulls hair) can make a person liable as a principal by indispensable cooperation if their act enabled the assault.

5) Special laws that may apply (fact-dependent)

Anti-Violence Against Women and Their Children (VAWC, R.A. 9262) – if the assailant is a spouse, ex-spouse, partner, ex-partner, shares a child, or is dating/used to date the victim. Physical, psychological, and economic abuse are covered, and Protection Orders (BPO/TPO/PPO) can be sought.
Anti-Bullying Act (R.A. 10627) – if it occurs in schools or involves students. Requires school-level policies, disciplinary measures, and interventions.
Child Abuse (R.A. 7610) – if the victim is a child, the same act can be punished more severely as child abuse or other acts of abuse.
Safe Spaces Act (R.A. 11313) – primarily addresses gender-based harassment; physical assault is still charged under the RPC/other special laws, but this Act may provide additional administrative or protective remedies in certain settings.
Anti-Hazing Act (R.A. 11053) – if the hair-pulling or ganging up occurs as part of initiation in organizations; broad liability can attach to organizers and those who participate.

6) Defenses and justifications commonly raised

Self-defense / Defense of relative / Stranger – requires (a) unlawful aggression, (b) reasonable necessity of the means to repel it, and (c) lack of sufficient provocation by the defender.
Mutual affray (“away”) – in a free-for-all, participants can each be liable; injuries and roles matter.
Lack of intent to injure – not a complete defense to physical injuries (because results, not intent, often govern), but it can mitigate.
Consent – generally not a defense to physical injuries causing harm (public policy), and never to coercion.

7) How cases are built (practical playbook)

Immediately document: photos of the scalp, pulled hair, bruises, torn clothing; save CCTV/phone videos; list witnesses.
Medical exam: consult a clinic/hospital; ask for findings and the estimated days of medical attendance/incapacity.
Affidavits: detailed timeline—who did what (puller, holder, lookout), words said (threats), where it happened, crowd presence.
Police blotter: creates a contemporaneous record.
Barangay conciliation (Katarungang Pambarangay): required for many minor offenses when the parties live in the same city/municipality and no exception applies (e.g., child abuse, VAWC, offenses with higher penalties). If settlement fails, obtain a Certification to File Action.
Filing: go to the City/Provincial Prosecutor with complaint-affidavit and evidence. Prosecutors may file Information for the proper offense(s) based on the medical days and the theory (physical injuries vs. grave coercion).
Protective remedies: if relationships trigger VAWC, apply for Barangay/Temporary/Protection Orders; schools must act for bullying cases.

8) Penalties, damages, and civil liability

Penalties are set by the RPC (as amended) and scale with injury gravity and aggravating/mitigating circumstances (e.g., abuse of superior strength). Fines and imprisonment ranges differ for serious, less serious, and slight injuries; grave coercion carries its own penalty bracket.
Civil liability attaches to crimes (Art. 100, RPC)—offenders owe actual damages (medical bills, lost wages), moral damages (mental anguish, humiliation), exemplary damages (to deter), and interest.
Under quasi-delict (Art. 2176, Civil Code), a separate civil action may also be filed; parents/guardians/employers can be subsidiarily or directly liable in specific circumstances (minors, employees acting in the discharge of duties, school activities).
Solidary liability may apply among co-conspirators or those who acted in concert.

9) Choosing the correct charge (quick matrix)

Scenario	Likely Charge	Notes
Hair-pulling with visible bruises/soreness; 1–9 days recovery	Slight physical injuries (Art. 266)	Maltreatment even without visible injury fits here.
Hair-pulling causing 10–30 days incapacity/medical attendance	Less serious physical injuries (Art. 265)	Medical certificate usually decisive.
Dragging by hair to force an apology or entry into a car	Grave coercion (Art. 286) (+ physical injuries if any)	Coercion is the dominant wrong.
Several people restrain while one pulls hair	Physical injuries (Art. 265/266) with abuse of superior strength	Conspiracy/indispensable cooperation possible.
Bullying in school setting	RPC + R.A. 10627	Triggers school duties/discipline.
Partner/ex-partner pulls hair in domestic context	R.A. 9262 (+ RPC as applicable)	Consider Protection Orders.
Child victim	R.A. 7610	Heavier penalties; priority protection.
No touching; only insults/annoyance	Unjust vexation (Art. 287)	If conduct doesn’t fit a more specific offense.

10) Practical FAQs

Q: If there’s no visible injury, is it still a crime? A: Yes. Maltreatment by deed (e.g., hair-pulling) is punishable as slight physical injuries even without bruises, provided the act caused physical pain or humiliation.

Q: Can everyone in a group be liable even if only one pulled the hair? A: Yes, if there’s concerted action (conspiracy) or indispensable cooperation (e.g., holding the victim), all may be treated as principals, and abuse of superior strength may aggravate the penalty.

Q: Is unjust vexation a fallback if evidence of injury is weak? A: Usually no for hair-pulling. The law already punishes ill-treatment under slight physical injuries. Unjust vexation typically covers non-physical harassment not squarely penalized elsewhere.

Q: Do we need to pass through the barangay first? A: For many minor cases between residents of the same city/municipality, yes—conciliation is a pre-condition before filing in court, unless an exception applies (e.g., cases under certain special laws like VAWC, or when parties live in different LGUs, or when the penalty threshold/subject matter places it outside the barangay system).

Q: What if the victim fought back? A: Self-defense can justify proportionate force only if there was unlawful aggression and the response was reasonably necessary with no sufficient provocation from the defender.

11) Checklist for victims (useful now)

Get a medical exam and certificate stating injury and days of medical attendance/incapacity.
Photograph injuries and the scene; save hair strands if pulled out.
List witnesses; secure CCTV quickly.
Make a police blotter and sworn statement.
If applicable, seek Protection Orders (VAWC) or school intervention (Anti-Bullying).
If you and the offenders live in the same LGU and no exception applies, initiate barangay conciliation; otherwise, proceed to the Prosecutor’s Office with your evidence.

12) Bottom line

Hair-pulling is criminal in Philippine law—usually physical injuries (even without visible harm), and may be grave coercion if used to force someone’s will.
Ganging up can aggravate liability (abuse of superior strength; conspiracy).
Unjust vexation is not the typical charge when there’s physical contact; slight physical injuries covers it.
Remedies include criminal prosecution, civil damages, and, where applicable, protective measures under special laws.

This article is for general information only and is not a substitute for legal advice. For case-specific guidance, consult a Philippine lawyer with your documents and medical findings.