Liability and Damages for Assault by Punching in the Philippines

Short take: In Philippine law there’s no standalone crime called “assault.” A punch is typically prosecuted as physical injuries (serious, less serious, or slight), or—if death or an intent to kill is shown—as homicide/attempted homicide. On top of any criminal penalty, the offender usually owes civil damages (medical bills, lost income, moral and exemplary damages, etc.). Below is the full lay-to-lawyer map for how this works.

I. The Legal Bases at a Glance

Revised Penal Code (RPC)
- Art. 6, 8, 11–15: stages of execution; conspiracy; justifying/exempting; mitigating/aggravating; parties to a felony
- Art. 263: Serious physical injuries
- Art. 265: Less serious physical injuries
- Art. 266: Slight physical injuries and maltreatment
- Art. 4 & 365: liability for the consequences; imprudence/negligence (usually not applicable to deliberate punching)
- Art. 100–113: Civil liability arising from crimes
- RA 10951 updated many fines; duration-based penalties for physical injuries remain per the RPC.
Civil Code
- Art. 19, 20, 21: abuse of right; acts contrary to law/morals (independent civil actions)
- Art. 2176–2194: quasi-delict (tort)
- Art. 2200–2220, 2224, 2230, 2208: actual/compensatory, moral, temperate, exemplary damages; attorney’s fees
- Art. 2219: moral damages for physical injuries.
Special Laws (context-dependent)
- RA 9262 (VAWC) if the offender is an intimate partner/household member.
- RA 7610 for child victims; RA 11313 (Safe Spaces Act) if gender-based harassment is involved.
Katarungang Pambarangay (RA 7160, LGC): Many slight/less serious injuries cases must first pass through barangay mediation (penalty threshold rules apply).

II. How Prosecutors Classify a Punch

Because “assault” isn’t a codified title, prosecutors classify based on injury and intent:

1) Serious Physical Injuries (Art. 263)

Applies if the punch causes any of the following grave outcomes, e.g.:
- Loss of eyesight, hearing, speech; loss or incapacitating loss of use of a limb/organ;
- Permanent deformity, impotence, insanity; or
- Prolonged incapacity for labor (thresholds are measured by days and affect the penalty tier).
Penalty: Ranges from prisión correccional to prisión mayor, escalated by gravity and by qualifying/aggravating circumstances (e.g., using means to weaken defense, taking advantage of superior strength, cruelty).
Note: If the blow shows intent to kill (weapon, manner, location, repeated blows, statements), the charge can shift to attempted homicide rather than physical injuries.

2) Less Serious Physical Injuries (Art. 265)

Where the victim is medically attended or incapacitated for labor for 10–30 days.
Penalty: Arresto mayor (1 month and 1 day to 6 months), possibly higher with aggravating factors.

3) Slight Physical Injuries (Art. 266)

1–9 days of medical attendance or incapacity; or ill-treatment not requiring medical care (e.g., a bruise or pain without medical attendance).
Penalty: Arresto menor (1–30 days) or fine.

Tip: The medico-legal certificate and follow-up medical records are crucial; day counts and diagnoses often decide whether the case is serious, less serious, or slight.

III. Defenses and How They Work

A. Self-Defense (Art. 11[1])

To fully justify a punch (leading to acquittal), the accused must prove all:

Unlawful aggression by the victim (the most critical element),
Reasonable necessity of the means to prevent/repel it (a punch might be reasonable against a punch),
Lack of sufficient provocation by the defender.

If some, but not all, elements are present, penalties can be mitigated (e.g., incomplete self-defense under Art. 13).

B. Other Justifying/Exempting Circumstances

Defense of relative/stranger, state of necessity, insanity, minority, etc., where applicable.

C. Mitigating/Aggravating Circumstances (Art. 13–14)

Mitigating: voluntary surrender, intoxication (not habitual), passion/obfuscation.
Aggravating: taking advantage of superior strength, treachery (rare for a spontaneous punch), nighttime, cruelty, in public, in front of minors, in a place of worship, with insult to rank/sex/age, etc. These affect the degree and period of the penalty.

IV. Penalties, Probation, and Criminal Records

Penalties scale with classification and circumstances (see above).
Many first-time offenders with sentences not exceeding 6 years may seek probation (PD 968, as amended), which suspends imprisonment subject to supervision.
Plea bargaining to a lower offense (e.g., from less serious to slight) is common where injuries are borderline.
Compromise does not erase criminal liability for public crimes, but barangay settlements meeting statutory requirements can bar prosecution for covered offenses (see Section VII).

V. Civil Liability: What the Puncher Owes

Under Art. 100 RPC, criminal liability carries civil liability unless expressly extinguished. The victim may also pursue independent civil actions under Civil Code Art. 19/20/21 (and sometimes 2176), but double recovery is not allowed.

Recoverable Damages (typical)

Actual/Compensatory (Art. 2200)
- Medical and rehabilitation costs (ER bills, medicines, therapy, diagnostics), transportation, nursing care, assistive devices.
- Loss of income during incapacity; for employees: payroll slips/HR certifications; for self-employed: contracts, receipts, tax returns.
- Future medical expenses if proven with reasonable certainty (doctor’s prognosis helps).
Loss/Impairment of Earning Capacity
- For permanent disability, courts compute “net earning capacity” using life-expectancy and income less living expenses. Even with incomplete proof, courts may award temperate damages (Art. 2224) when some loss is clearly suffered.
Moral Damages (Arts. 2217 & 2219)
- For physical injuries, mental anguish, wounded feelings, anxiety, social humiliation—must be supported by credible testimony and circumstances.
Exemplary (Art. 2230)
- To deter egregious conduct (e.g., cruelty, abuse of superior strength), typically on top of compensatory/moral damages.
Attorney’s Fees (Art. 2208)
- When the defendant’s act compelled the victim to litigate or when exemplary damages are awarded.
Interest
- Legal interest (6% p.a.) is commonly applied; timing (from demand, filing, judgment, or finality) depends on the damage type as guided by jurisprudence.

Documentation wins cases: receipts, prescriptions, medical certificates, photographs, employment proof, diaries of pain/symptoms, and witness statements are persuasive.

VI. Criminal vs. Civil Tracks: How to File

A. Criminal Complaint

Immediate steps: seek medical attention; get a police/barangay blotter; obtain medico-legal.
File a complaint-affidavit with the City/Provincial Prosecutor (or barangay mediation first, if required—see Section VII).
Inquest (if the offender was arrested in flagrante) or prelim investigation (if not).
If probable cause is found, an Information is filed in court.

Even if the victim later executes an “Affidavit of Desistance,” prosecutors may still proceed; the offense is public, especially where injuries are more than slight.

B. Civil Action

Ex delicto (tacked to the criminal case) or independent civil action (Art. 19/20/21 or 2176).
Filing strategy depends on speed, proof, and whether you want a lower burden of proof (preponderance of evidence) in a stand-alone civil case.
Venue: Typically where the plaintiff or defendant resides (civil), or the RTC/MTCC with criminal jurisdiction based on penalty (criminal).

VII. Barangay Justice: When You Must Mediate First

Under Katarungang Pambarangay, parties who live in the same city/municipality generally must undergo barangay conciliation before filing:

Covered: Offenses punishable by ≤1 year imprisonment or fine ≤ ₱5,000 (thresholds in the statute).
- This usually includes slight and less serious physical injuries.
Not covered: Serious physical injuries (penalties exceed the threshold), cases with out-of-town parties, where government or public officer (in performance of duty) is a party, or where there’s immediate danger/no time for mediation.

A valid settlement (or Arbitration Award) approved by the Lupon has the force of a final judgment; breach allows execution or filing of the case. Settlements can include civil damages and undertakings (e.g., stay-away clauses).

VIII. Evidence and Practical Proof Issues

Medico-Legal: Have the examiner state days of medical attendance/incapacity and any permanent disability/scars. Courts lean on these day counts.
Causation: Link the punch to the injury (timing, continuous symptoms, no intervening cause).
Intent: Words uttered (“papatayin kita”), target areas (head), number of blows, use of objects, size disparity—these can imply intent to kill (pushing charges toward attempted homicide).
Aggravation: CCTV, bystander videos, location (school, workplace, public transport), presence of minors.
Victim conduct: Prior provocation may mitigate; mutual affray can reduce liability but does not erase civil damages.

IX. Special Contexts

Domestic/Intimate Partner (RA 9262): Even a punch without grave injury can qualify as physical or psychological violence, enabling Protection Orders (TPO/PPO), warrantless arrest in some situations, and separate penalties.
Children (RA 7610): Penalties are higher; schools must report; corporal punishment may trigger administrative and criminal liability.
Workplace/School: Expect administrative overlays (HR codes, DepEd/CHED rules) plus civil/criminal exposure.
Multiple Offenders: Conspiracy (Art. 8) makes all liable as co-principals if there was unity of purpose (e.g., group punching).
Public Officials: Can face administrative cases and aggravating circumstances.

X. Damages Computation Notes (Plain-English Guide)

Medical bills: reimburse actual receipts; if incomplete but clearly substantial, courts may grant temperate damages rather than deny recovery.
Lost wages: daily rate × days incapacitated; salaried employees can pro-rate; self-employed should show average earnings (contracts/BIR filings).
Permanent disability:
- Net earning capacity ≈ (life expectancy formula used by courts) × (gross annual income − reasonable living expenses).
- Even without perfect proof, courts may award reasonable amounts based on credible testimony and medical assessment.
Moral damages: supported by the victim’s testimony on pain, anxiety, humiliation; higher if scarring, public setting, or egregious conduct.
Exemplary damages: available when aggravating/qualifying factors are proven.
Legal interest (6%): typically from finality of judgment for unliquidated awards; from demand/filing for liquidated sums—applied per prevailing jurisprudence.

XI. Common Scenarios

Single punch; bruise; no clinic visit → likely slight physical injuries (Art. 266). Barangay mediation required if parties are neighbors; civil damages modest but possible (e.g., moral + temperate).
Flurry of punches; 14 days off work → less serious physical injuries (Art. 265). Criminal case in MTC; actual + lost wages + moral; barangay mediation likely required.
Punch causes orbital fracture; surgery; 45 days incapacity → serious physical injuries (Art. 263) in RTC; higher damages; barangay is bypassed; possible exemplary damages.
Punch to sleeping victim; repeated head blows, “I’ll kill you” → may be charged as attempted homicide (intent to kill) instead of physical injuries; heavier penalties and damages.

XII. Practical Playbook (Victims)

Get treatment; request a detailed medical certificate (days incapacitated, findings).
Blotter at police/barangay; secure CCTV/phone videos and witness names quickly.
Keep all receipts; track days absent from work and income loss.
Consider Protection Orders (if domestic) and employer/HR remedies (if workplace).
Prepare for barangay mediation if required; don’t sign a one-sided settlement—ensure civil damages and enforceable undertakings are included.

XIII. Practical Playbook (Accused)

If self-defense applies, document the unlawful aggression (wounds, witnesses, CCTV).
Voluntary surrender and offer to pay medical bills can mitigate penalties and reduce damages.
Explore plea bargaining or probation where appropriate.

XIV. Key Takeaways

A punch is legally read through the injury lens (days of incapacity, medical attendance, permanence) and intent.
Criminal and civil liabilities run in tandem; civil exposure often exceeds the criminal fine.
Evidence and documentation—especially the medico-legal—decide the classification and the money.
Barangay processes can be mandatory for light cases and can bar later suits if a valid settlement is reached.
Defenses (especially self-defense) are viable but must be proven.

Disclaimer

This is a general overview for the Philippine setting. Specific facts (injury severity, prior acts, venue rules, jurisprudence) can steer outcomes. For a live case, consult counsel with your documents and timelines.