Penalties for Punching Someone in the Philippines

A practical legal guide under the Revised Penal Code and related laws

1) What offense is it, legally speaking?

A punch that causes injury is generally prosecuted as Physical Injuries under the Revised Penal Code (RPC). The gravity (and the penalty) depends on the medical effect of the blow, not the weapon (a fist) or the subjective pain alone. The same punch can range from Slight, Less Serious, to Serious Physical Injuries—and if death results, the case escalates to Homicide/Murder.

In Philippine criminal law, the medico-legal findings—particularly days of medical attendance and incapacity for labor, plus any loss of organ/sense or disfigurement—drive the exact charge.

2) The three RPC categories (and how punching fits)

A. Slight Physical Injuries & Maltreatment

When:

Injury entails 1 to 9 days of medical attendance or incapacity for work; or
There is ill-treatment (e.g., slapped/punched) without objective injury, but causing pain or trauma.

Penalty:

Arresto menor (imprisonment 1–30 days) and/or a fine (updated by law over time).
Typically bailable, often disposed through barangay settlement (see §10).

Notes:

Traditionally commenced upon complaint of the offended party (not usually filed de oficio by the prosecutor).
A single punch that leaves only a bruise/tenderness and <10 data-preserve-html-node="true" days of medical attendance often lands here.

B. Less Serious Physical Injuries

When:

Injury requires 10 to 30 days of medical attendance or causes incapacity for labor for the same period.

Penalty:

Arresto mayor (imprisonment 1 month and 1 day up to 6 months).
Bailable; frequently the subject of barangay conciliation if the parties reside in the same city/municipality (see §10).

Notes:

A punch that fractures a small bone or causes cuts/contusions needing 2–4 weeks of recovery is often charged here—unless other “serious” markers (below) apply.

C. Serious Physical Injuries

When: any of the following results from the punching episode:

Loss of speech, hearing, smell, an eye, a hand/arm, a foot/leg; or loss of the use thereof
Blindness, impotence, insanity/imbecility
Deformity or disfigurement (e.g., facial deformity from multiple fractures)
Illness or incapacity for labor for more than 30 days

Penalty:

Imprisonment in the correctional to afflictive ranges (heavier than arresto), with the exact period depending on the kind of serious harm above and any aggravating/mitigating circumstances.

Notes:

A single heavy punch can be enough if it, for example, causes loss of an eye, severe facial fractures leading to deformity, or >30 days incapacity.

3) When a punch becomes Homicide or Murder

If the victim dies from the blow (or its complications), the case is no longer “physical injuries” but Homicide—or Murder if qualifying circumstances exist (e.g., treachery, evident premeditation, abuse of superior strength). Penalties then jump to reclusion temporal or reclusion perpetua depending on circumstances.

4) Sentencing ranges at a glance (by code terms)

These labels appear in charging sheets and judgments:

Arresto menor: 1–30 days
Arresto mayor: 1 month & 1 day to 6 months
Prisión correccional: 6 months & 1 day to 6 years
Prisión mayor: 6 years & 1 day to 12 years
Reclusión temporal: 12 years & 1 day to 20 years
Reclusión perpetua: 20 years & 1 day to 40 years

The court picks minimum/medium/maximum periods based on aggravating/mitigating factors (see §7).

5) Special laws that can upgrade liability for a punch

RA 9262 (VAWC) – violence against women and their children. If the victim is a woman or her child and the aggressor is a spouse, ex-spouse, boyfriend/partner, or shares a child/relationship, the same act (a punch) can be charged under VAWC with higher penalties, protection orders, and additional remedies.
RA 7610 – child abuse. If the victim is a child or is exploited/abused, penalties are stiffer and the case is taken very seriously even for “simple” blows.
RA 9745 – anti-torture (if done by or with consent of a person in authority, for purposes the law defines).
Anti-Hazing / Anti-Bullying and related laws may apply depending on the setting (schools, initiation rites).

6) Aggravating, mitigating, and justifying circumstances

Penalties move up or down within the statutory ranges depending on:

Aggravating (harsher)

Treachery (sudden, ensuring no defense), abuse of superior strength, nighttime purposely sought, use of a weapon (even if the base act is a punch, other blows may count), cruelty, public place scandal, in the presence of minors, disregard of age/sex/position, intoxication when habitual or intentional, and recidivism.

Mitigating (lighter)

Voluntary surrender, plea of guilt, provocation from the offended party, lack of intent to commit so grave a wrong, temporary loss of reason, minority (below 18, now under the Juvenile Justice law), or intoxication not habitual and not sought.

Justifying/Exempting (no criminal liability)

Self-defense, defense of relatives/strangers—requires (1) unlawful aggression, (2) reasonable necessity of the means to repel it, (3) lack of sufficient provocation on the defender’s part.
Accident without fault or intent.
Lack of intent does not erase liability if the elements are present; it only mitigates.

7) Evidence you’ll need (and why it matters so much)

Medico-Legal Certificate (or doctor’s certification): states injuries, days of medical attendance, incapacity for labor, and prognosis—this is the backbone for classifying the offense.
Photographs/CCTV, ER records, receipts, prescriptions, and witness statements.
Victim’s sworn statement describing the punch, setting, and aftermath (pain, dizziness, missed work).
Police blotter or incident report.

8) Civil liability (damages) alongside the criminal case

Conviction (and even acquittal on reasonable doubt, if negligence is proven) may produce civil awards for:

Actual damages (medical bills, medicines, transport),
Loss of income/earning capacity,
Moral damages (mental anguish, anxiety),
Exemplary damages (to deter egregious conduct),
Attorney’s fees and litigation costs.

Under the RPC and Civil Code, employers or other persons may be subsidiarily liable in certain scenarios (e.g., in the discharge of duties), and a separate civil action for quasi-delict may also be possible.

9) Where cases start: barangay, prosecutor, or inquest?

Barangay conciliation (Katarungang Pambarangay): Required pre-condition for many Slight and Less Serious Physical Injuries cases when both parties live in the same city/municipality, with statutory exceptions (e.g., offenses punishable by more than one year imprisonment, offenses involving VAWC, parties not covered by barangay jurisdiction, or when urgent relief is needed). Settlement may include apology, restitution, medical expenses, and undertakings.
Inquest (warrantless arrest) vs regular filing: If the person was arrested immediately after the punching (in flagrante), an inquest prosecutor may charge at once. Otherwise, parties usually file a complaint-affidavit with the prosecutor for preliminary investigation.

10) Prescription (deadlines to start a case)

Light offenses (e.g., Slight Physical Injuries): prescribe in 2 months from the day of the offense (or discovery).
Offenses punishable by correctional penalties (e.g., many Less Serious Physical Injuries): 10 years.
Afflictive penalties (e.g., Serious Physical Injuries with higher ranges): 15 years.

Certain acts (like filing with the barangay or the prosecutor) interrupt prescription.

11) Typical real-world outcomes for a punch

Slight PI: often resolved at barangay with payment of medical bills, apology, and a promise to keep the peace; criminal case can still proceed if settlement fails.
Less Serious PI: may still settle, but prosecutors often file when evidence is strong. Penalty can be suspended via probation for first-time offenders.
Serious PI: actively prosecuted; settlements are less likely to stop criminal liability, though civil claims can be compromised.

12) Practical tips if you’re the victim

Seek immediate medical care; tell the doctor who, when, and how you were injured.
Ask for a medico-legal exam and keep all records/receipts.
Blotter the incident and secure CCTV quickly.
If you and the aggressor live in the same locality and the injury is slight/less serious, go to the barangay for conciliation—unless an exception applies (e.g., VAWC, the penalty exceeds one year, the parties are from different cities/municipalities, etc.).
If the case is Serious PI or an exception applies, proceed straight to the prosecutor.
Consider protection orders if intimate-partner violence or stalking is involved.

13) Practical tips if you’re the accused

Do not flee; voluntary surrender and cooperation can mitigate penalties.
If it was self-defense, document unlawful aggression (e.g., prior threats, the other party’s first blow, weapons) and proportional response.
Avoid contacting the victim directly; route communications through counsel or barangay mechanisms.
Keep witnesses and any injuries you sustained documented.
Discuss plea-bargaining and probation possibilities with counsel for slight/less serious cases.

14) Key takeaways

The same punch can legally be Slight, Less Serious, Serious, or even Homicide/Murder—outcome determines charge.
Medico-legal days and objective injury are critical.
Barangay conciliation is often required for minor cases but not for serious cases or VAWC/child-related offenses.
Expect both criminal penalties and civil damages exposure.
Self-defense is possible but strictly tested.

This article provides general legal information for the Philippine context. For tailored advice on a specific incident, consult a Philippine lawyer with your documents (medico-legal, photos, receipts, and statements) so they can assess proper charges, defenses, and remedies.