A Philippine legal article on criminal, civil, and practical remedies (general information, not legal advice).

1) What counts as “assault” in Philippine law

In everyday speech, “assault” can mean threats, intimidation, or physical attack. In Philippine criminal law, the act is usually charged under specific offenses—most commonly:

Physical injuries (slight, less serious, serious) under the Revised Penal Code (RPC)
Attempted / frustrated / consummated homicide or murder (if intent to kill is present or inferred)
Grave threats / light threats, grave coercion / unjust vexation (for intimidation, harassment, or forced acts)
Robbery with violence, rape / acts of lasciviousness, etc., if other crimes accompany the attack

The correct charge depends on (a) the injuries and their medical severity, (b) the attacker’s intent, (c) weapons used, (d) circumstances (e.g., treachery, abuse of superior strength), and (e) evidence.

2) Key criminal charges for physical attacks (RPC overview)

A. Physical Injuries (most common in “beating” cases)

The RPC categorizes injuries largely by the medical results and period of incapacity/healing, typically proven through a medical certificate or medico-legal report:

Slight Physical Injuries – minor injuries, short recovery; includes ill-treatment without injury in some situations.
Less Serious Physical Injuries – more than minor, but not “serious” under the Code.
Serious Physical Injuries – injuries that cause:
- incapacity for labor for a significant period, or
- loss of speech/hearing/sight, loss of limb, deformity, or
- serious/lasting consequences defined by the RPC.

There are also specific offenses for mutilation and other grave bodily harm.

Practical point: The medical certificate is often the backbone of charging decisions. If the victim is a person with disability (PWD), the report should also note aggravation of an existing condition, secondary complications, and functional impacts.

B. Attempted/Frustrated/Consummated Homicide or Murder

A case may be treated as attempted or frustrated homicide/murder if there’s evidence of intent to kill, which can be inferred from:

the weapon used,
the manner/location of wounds (e.g., head/neck/chest),
repeated blows,
prior threats, or
other surrounding circumstances.

“Murder” (rather than homicide) may apply if qualifying circumstances exist (e.g., treachery).

3) Does the victim’s disability change the criminal case?

A. Disability is often relevant to how the crime is charged and how penalties are sought

While the core offenses (physical injuries, homicide, threats) are in the RPC, disability can matter in several ways:

Aggravating circumstances (RPC) Depending on the facts, prosecutors may argue aggravating circumstances such as:
- abuse of superior strength (especially if the attacker clearly exploited the victim’s limited mobility or ability to defend themselves),
- treachery (if the victim was rendered defenseless),
- cruelty or deliberate humiliation,
- dwelling (if committed in the victim’s home),
- and other circumstances recognized by the RPC.
Higher credibility for “vulnerability exploitation” theory Evidence that the attacker targeted a PWD because they were less able to resist can support abuse of superior strength or related theories.
More substantial damages Even when the criminal penalty classification is driven by injury severity/intent, disability can strongly affect civil damages (medical costs, therapy, assistive devices, loss of earning capacity, moral damages).

B. Special laws relevant to PWD context (often parallel, sometimes supportive)

The Philippines has a PWD rights framework (commonly associated with the Magna Carta for Disabled Persons and later amendments). These laws are frequently used in cases involving discrimination, ridicule, denial of access, harassment, or rights violations connected to disability status.

Important reality in practice: For a physical attack, prosecutors typically anchor the criminal case on the RPC offenses. PWD-specific laws may become relevant where the assault is intertwined with harassment, discrimination, public humiliation, denial of reasonable accommodation, or other rights violations.

4) Where to file: police, prosecutor, court (and when barangay conciliation applies)

A. Immediate reporting channels

Police station (blotter + complaint assistance)
Barangay (for immediate safety measures and incident documentation)
Hospital / medico-legal for documentation and treatment

B. Prosecutor vs. direct court filing (general guide)

Many criminal complaints proceed by filing a Complaint-Affidavit with the Office of the City/Provincial Prosecutor for preliminary investigation (or inquest if arrest is recent and warrantless arrest rules apply).
Some minor cases may be filed directly in the proper Municipal Trial Court (MTC) under applicable rules—local practice varies, and prosecutors/police often guide complainants.

C. Katarungang Pambarangay (barangay conciliation): when it can be required

For certain disputes between individuals living in the same city/municipality and involving less serious penalties, the law may require attempting barangay conciliation before court/prosecutor filing. This often comes up in light offenses (e.g., some minor injury or disturbance cases), but there are exceptions (e.g., urgency, public interest, certain penalties, or where parties don’t meet residency requirements).

Practical tip: If there’s ongoing danger, intimidation, or power imbalance, raise safety concerns immediately to police/prosecutor—conciliation is not meant to endanger victims.

5) The evidence that usually makes or breaks the case

A. Medical and disability-related documentation

Medical certificate stating findings, treatment, and healing/incapacity period
Medico-legal report (if available)
Records showing the victim’s baseline disability condition, and whether the assault caused:
- worsening of mobility/vision/hearing,
- new functional limitations,
- complications,
- psychological trauma requiring treatment
Receipts for medicines, therapy, mobility aids, repairs/replacement of assistive devices (wheelchair, cane, hearing aid, etc.)

B. Independent corroboration

Witness affidavits
CCTV / phone video
Photos of injuries (timestamped if possible)
Social media posts/messages (threats, harassment, admission)
Scene evidence (damaged items, bloodied clothing)

C. Identification and narrative consistency

Correct identification of the respondent/suspect
A clear timeline (before, during, after)
Prior incidents (pattern of harassment) can be relevant, especially for threats/coercion.

6) Criminal procedure in plain terms (what to expect)

Prepare affidavits
- Victim’s affidavit (and witnesses)
- Attach documents (medical cert, photos, receipts, screenshots)
Filing and evaluation
- Prosecutor evaluates if there is probable cause
- Respondent is asked to submit counter-affidavit
Resolution
- If probable cause exists: Information filed in court
- If not: dismissal (sometimes with motion for reconsideration remedies)
Court trial
- Arraignment → pre-trial → prosecution evidence → defense evidence → judgment
Possible detention/bail
- Depends on the offense charged and the court’s determination

7) Civil actions and damages (often overlooked, but powerful)

A. Civil liability is usually implied in criminal cases

In most crimes causing harm, the offender is civilly liable for:

Actual damages (medical bills, transportation, therapy, repair/replacement of devices)
Moral damages (mental anguish, trauma)
Exemplary damages (in some cases, to deter particularly wrongful conduct)
Loss of earning capacity (especially relevant if the victim’s disability is worsened)

B. Separate civil action options (Civil Code concepts)

Depending on the circumstances, the victim may pursue a separate civil case (including quasi-delict/tort principles), sometimes strategically used when:

criminal proof is difficult,
the victim wants focused compensation,
or there are additional responsible parties (e.g., employer liability if within scope and conditions).

Practical note: A lawyer will decide whether to pursue civil claims within the criminal case, separately, or both (as allowed by rules).

8) Protection and safety options

If the assault is part of ongoing intimidation:

Document threats and report them promptly
Consider whether facts fit protective regimes such as:
- VAWC (RA 9262) if the victim is a woman and the respondent is an intimate partner or falls within covered relationships, or if the victim is a child in covered contexts
- Other protective mechanisms depending on case type
Request police assistance for safety planning and patrol checks where appropriate

Even when a specific “protection order” statute doesn’t apply, reporting threats can support criminal charges for threats/coercion and can justify immediate law enforcement attention.

9) Prescription (deadlines) and why speed matters

Criminal cases have prescriptive periods that vary by the offense classification. Minor offenses can prescribe quickly. Also, delays often mean:

injuries heal and are harder to document,
witnesses disappear or forget,
CCTV gets overwritten,
messages/accounts get deleted.

Rule of thumb: Get the medical exam and documentation as soon as possible, then file promptly.

10) Special considerations when the victim is a PWD

A. Accessibility and accommodations

Victims and witnesses with disabilities may need:

accessible interview spaces,
sign language interpreters,
assistance in understanding legal documents,
accompaniment/support persons (case-dependent),
scheduling accommodations (medical routines, therapy schedules).

If you encounter barriers, insist on accommodations and document refusals.

B. Communication disabilities and affidavits

For deaf/hard-of-hearing or speech-related disabilities:

ensure qualified interpretation,
carefully review affidavits for accuracy,
preserve original communications (texts, chats) to reduce reliance on oral interpretation alone.

C. Psychological injuries and trauma

Even when physical injuries are “minor,” trauma can be significant. Psychological consultations and records can support:

moral damages,
context for threats/harassment,
and appropriate sentencing arguments.

11) Common scenarios and how they’re typically charged

Punch/slap causing bruising + short recovery → often slight physical injuries (plus possible unjust vexation/threats if applicable)
Beating causing extended incapacity, fractures, hospitalization → less serious or serious physical injuries, sometimes attempted homicide if intent to kill indicators exist
Attack using a knife/blunt weapon; wounds in vital areas → frequently attempted/frustrated homicide (or more, depending on outcome)
Assault with disability-targeted ridicule or harassment in public → RPC charges + potential parallel claims connected to harassment/discrimination elements under special laws (fact-specific)

12) Practical step-by-step checklist (victim-centered)

Get safe first (leave the area; call help)
Go to a hospital/clinic immediately; request a medical certificate
Photograph injuries and damaged assistive devices; keep torn/bloodied clothing
Make a police blotter entry; request a copy if available
Collect witnesses (names, numbers) and CCTV locations
Prepare affidavits and compile attachments
File with the prosecutor (or court where applicable)
Track deadlines and keep a folder of all filings and receipts
Seek legal help: Public Attorney’s Office (if qualified) or a private lawyer; disability advocacy groups may also assist with referrals

13) When to consult a lawyer urgently

Get legal advice quickly if:

there are serious injuries, weapons, or intent-to-kill indicators,
the attacker is threatening retaliation,
the case involves multiple offenders or organized harassment,
the victim’s disability requires specialized accommodations (interpreter/guardian/support),
there are overlapping laws (e.g., VAWC, workplace-related incidents, school settings).

14) Key takeaways

The RPC is usually the main legal foundation for assault/attack cases (physical injuries, homicide-related charges, threats/coercion).
The victim’s disability matters—often in proving vulnerability exploitation, arguing aggravating circumstances where supported by facts, and especially in damages.
Medical documentation + independent evidence (CCTV, witnesses, messages) is decisive.
File promptly to avoid evidence loss and prescription issues.

If you tell me a specific fact pattern (what happened, injuries, relationship to attacker, where it happened, and what proof exists), I can map it to the most likely charges and the cleanest filing path in Philippine practice.