Legal Charges for Physical Assault & Harassment by a Neighbour

(Philippine Law – April 30 2025 edition)

1. Governing Criminal Statutes

Conduct	Principal Statute	Core Elements	Regular Penalty*
Serious Physical Injuries	Art. 263, Revised Penal Code (RPC)	Wounds or beating that: (a) cause insanity, blindness or impotence; (b) destroy a sense or limb; (c) deform or disable > 90 days; or (d) incapacitates > 30 days	Prisión mayor down to arresto mayor, depending on gravity (REVISED PENAL CODE OF THE PHILIPPINES - BOOK TWO (FULL TEXT))
Less-Serious Physical Injuries	Art. 265 RPC	Incapacity or need of medical aid for ≥ 10 days but ≤ 30 days	Arresto mayor (REVISED PENAL CODE OF THE PHILIPPINES - BOOK TWO (FULL TEXT))
Slight Physical Injuries / Maltreatment	Art. 266 RPC	Incapacity or medical treatment ≤ 9 days, or none at all	Arresto menor or fine (REVISED PENAL CODE OF THE PHILIPPINES - BOOK TWO (FULL TEXT))
Threats (grave/light)	Arts. 282-285 RPC	Threat to inflict harm (with or without conditions)	Prisión correccional to arresto menor &/or fine (REVISED PENAL CODE OF THE PHILIPPINES - BOOK TWO (FULL TEXT))
Unjust Vexation / Other Harassment	Art. 287 (second par.) RPC	Any coercion or annoyance not covered by graver felonies	Arresto menor or ₱5 – ₱200 fine (REVISED PENAL CODE OF THE PHILIPPINES - BOOK TWO (FULL TEXT))

*Fines in the above articles were readjusted by Rep. Act 10951 (2017); always use the updated figures when drafting complaints. (Republic Act No. 10951 - LawPhil)

2. Key Special Laws That Often Apply to Neighbour Disputes

Statute	What It Covers vis-à-vis a Neighbour	Sanctions / Remedies
Safe Spaces Act (RA 11313, 2019)	Gender-based street harassment: cat-calling, persistent unwanted advances, stalking within shared walkways, alleys, common areas of a subdivision	Graduated fines + community service + arresto menor; LGUs must maintain CCTV & hotline; barangay may issue Protection Orders (Republic Act No. 11313 - LawPhil)
Anti-Violence Against Women & Their Children Act (RA 9262, 2004)	Physical, psychological or economic violence by a former or present intimate partner who happens to live next door	Imprisonment up to prisión mayor, plus issuance of Barangay / Temporary / Permanent Protection Orders; civil & custodial remedies (Republic Act No. 9262 - LawPhil)
Anti-Sexual Harassment Act (RA 7877, 1995)	Quid-pro-quo or hostile-environment sexual harassment if the neighbour is also an employer, educator or authority figure	Imprisonment or fine; automatic civil damages (R.A. 8046 - LawPhil)
Special child or sector laws – e.g., RA 7610 (child abuse), RA 11930 (online sexual abuse), RA 11996 (film/TV workers) – may upgrade penalties when the victim belongs to a protected class. (Republic Act No. 11930 - LawPhil, Republic Act No. 11996 - LawPhil)

3. Where & How to File a Case

Barangay Justice (Katarungang Pambarangay)
- Mandatory for offences punishable by ≤ 1 year imprisonment or ≤ ₱5,000 fine between parties “actually residing in the same barangay.” The Punong Barangay first mediates; failing that, a Pangkat ng Tagapagkasundo is convened. Only after a 15-day impasse may a Certificate to File Action be issued. ([PDF] Katarungang Pambarangay: A Handbook - DILG Regional Office No. 5, G.R. No. 207707 - LawPhil)
- Exceptions: serious physical injuries (Art 263, paras 1-3); VAWC; cases involving minors; offences committed while the offender is intoxicated or under the influence of drugs, among others. (P.D. No. 1508 - LawPhil)
Police & Prosecution
- Secure a medico-legal report immediately; its healing-period finding dictates the proper article and court.
- Sworn Affidavit-Complaint + evidence are filed with the Office of the City/Provincial Prosecutor for preliminary investigation or inquest (if arrest without warrant).
- The Information is lodged in the Metropolitan/Municipal Trial Court if the imposable penalty ≤ 6 years; otherwise in the Regional Trial Court.
Civil Aspect – The criminal filing automatically includes civil liability (Art 100 RPC). A victim may also bring an independent civil action for damages under Art 33 of the Civil Code (physical injuries, defamation, fraud) even if the criminal case is pending.

4. Evidentiary & Tactical Notes

Classification hinges on healing period; hence, obtain follow-up certificates if incapacity extends beyond 10 or 30 days – the charge can be upgraded before arraignment.
CCTV footage, neighbourhood gate logs, and social-media screenshots (for online threats or doxxing) are now routinely admitted if properly authenticated.
Self-defence / mutual aggressors: the burden shifts to the accused once self-defence is alleged, but the prosecution must first establish unlawful aggression. Mitigating “provocation” (Art 13 (3) RPC) often applies in heated neighbour quarrels.

5. Typical Penalties & Ancillary Remedies

Imprisonment as shown above or destierro (banishment) when the court deems it safer for all parties.
Civil damages: actual hospital bills; moral damages for mental anguish; exemplary damages to deter similar conduct (see Sabay v. People, G.R. 192150, 2014). (G.R. No. 192150 - LawPhil)
Protection Orders (RA 9262) – Barangay courts may issue BPOs within the day; regular courts can issue TPOs within 24 hours, convertible to PPOs after hearing. (Republic Act No. 9262 - LawPhil)
Community service & counselling are compulsory under RA 11313 for first-time gender-based street harassers. (Republic Act No. 11313 - LawPhil)

6. Recent Jurisprudence Illustrating Neighbour Conflicts

Case	Gist	Take-away
People v. Sabay (G.R. 192150, Oct 8 2014)	Two neighbours exchanged blows; accused convicted of two counts of slight physical injuries.	Courts uphold even very short incapacities; light threats may be absorbed by the injury. (G.R. No. 192150 - LawPhil)
AAA v. BBB line of cases (e.g., G.R. 243987, Sept 2020; G.R. 266706, Jun 2024)	Psychological violence–VAWC convictions where the offender lived nearby after break-up.	Even without co-habitation, proximity + intimacy can trigger RA 9262. (G.R. No. 243987 - LawPhil, G.R. No. 266706 - LawPhil)

7. Prescription (Time-bar)

Serious injuries – 15 years
Less-serious injuries & grave threats – 10 years
Slight injuries, unjust vexation, light threats – 2 months
(Arts. 90-91 RPC)

Interruptions occur upon filing with the barangay, prosecutor or court.

8. Step-by-Step Checklist for Victims

Seek safety & medical aid; keep all records.
Report immediately to the barangay or nearest PNP station; obtain blotter entry.
Initiate barangay conciliation (unless exempt). Secure Certificate to File Action if unresolved.
File criminal complaint with prosecutor; attend clarificatory hearings.
Consider civil suit for damages (can be contemporaneous).
Monitor proceedings; request status updates and observe victim-witness protection protocols when eligible.

9. Practical Defences & Settlement Options for Accused Neighbours

Offer amicable settlement at barangay level (civil compromise is allowed; criminal liability may only be extinguished for slight injuries and harassment by desistance or pardon before the prosecutor files the information).
Document own injuries or threats to bolster claims of mutual aggression or self-defence.
Comply strictly with hold-departure orders and protection orders to avoid contempt or separate prosecution.

Conclusion

Physical assault and neighbourly harassment are prosecuted mainly under the Revised Penal Code, but a mosaic of special laws—particularly the Safe Spaces Act and the Anti-VAWC Act—can sharply escalate penalties or add protective remedies. Most minor incidents must pass through the barangay for conciliation, yet serious injuries, gender-based violence and repeat harassment proceed straight to the courts. Victims should preserve medical and digital evidence early, while accused persons should raise viable defences promptly or explore settlement before charges solidify. Familiarity with the above framework equips every household to respond swiftly, lawfully and effectively to conflict next door.