1) “Assault” in everyday use vs. crimes under Philippine law

In everyday speech, “assault” often means being attacked, hit, punched, slapped, kicked, or otherwise harmed. In Philippine criminal law, those acts are usually prosecuted under Crimes Against Persons (particularly Physical Injuries under the Revised Penal Code), unless the facts point to a different crime (such as attempted/frustrated homicide, direct assault against a person in authority, or crimes under special laws like VAWC).

So the legal question is rarely “Was there an assault?” and more often:

What crime fits the facts and evidence? (physical injuries vs. attempted homicide vs. direct assault, etc.)
How serious are the injuries legally? (based on medico-legal findings and statutory categories)
Is barangay conciliation required before filing? (Katarungang Pambarangay rules)
What is the correct procedure and forum? (barangay, prosecutor, police, courts)

2) Why medico-legal evidence matters (and what it really does)

2.1 What the medico-legal certificate is for

A medico-legal certificate (or medical certificate with medico-legal details) serves several purposes:

Documents the injuries: location, size, type (abrasion, contusion/hematoma, laceration, fracture, etc.)
Helps establish the cause and timing of injuries (consistent with alleged events)
Supports the legal classification of the offense (serious / less serious / slight physical injuries, or whether the case should actually be attempted homicide)
Corroborates the complainant’s testimony and supports probable cause

The certificate is evidence, but the prosecutor and courts ultimately determine the proper charge and the legal category.

2.2 Where people typically get medico-legal documentation

Common sources include:

Hospital/clinic physician (ER records, clinical abstracts, discharge summaries)
Government medico-legal officer (often linked with law-enforcement or public health systems)
Private physician (acceptable, but may be scrutinized; supporting records matter)

For legal use, the best practice is to keep all medical records, not only a one-page certificate:

ER notes and triage forms
Diagnostic results (X-ray, CT scan, labs)
Treatment records and prescriptions
Follow-up notes (healing progress, complications, disability assessments)

2.3 What should be in a strong medico-legal certificate

A robust certificate usually includes:

Patient identity and exam date/time
History (brief account of what happened, as reported)
Physical findings (injury descriptions; body diagram if available)
Diagnostic impressions (e.g., nasal bone fracture, contusion)
Treatment rendered
Estimated period of medical attendance and/or incapacity
Physician’s name, license number, signature; clinic/hospital details

2.4 The “days” that affect the criminal charge

For physical injuries under the Revised Penal Code, classification often hinges on:

Period of medical attendance (how long the injury requires medical care/monitoring), and/or
Period of incapacity for labor (how long the victim cannot perform customary work or usual activities)

In practice, doctors sometimes write “healing period” or “rest days.” Those can be helpful, but the legally relevant concepts are medical attendance and incapacity for labor, and prosecutors/courts may look for clarity.

2.5 Injuries can “upgrade” or “downgrade” the case

Initial findings may change if:

fractures are discovered later,
infection or complications occur,
additional injuries become apparent, or
the victim suffers lasting impairment.

A complaint can be amended before filing in court (and sometimes even after) depending on procedural posture and the prosecutor’s assessment.

3) Physical Injuries under the Revised Penal Code (core framework)

Philippine law divides physical injuries into categories with different penalties. The key provisions are Articles 262 to 266 of the Revised Penal Code (with related provisions for special situations).

3.1 Mutilation (Art. 262)

Covers intentional deprivation of an essential organ or body part, with severe penalties. This is rare in everyday “assault” scenarios but important in extreme cases.

3.2 Serious Physical Injuries (Art. 263)

Generally covers injuries with grave results such as:

insanity, imbecility, impotence, blindness; or
loss of speech, hearing, smell; loss of an eye; loss of a hand/foot/arm/leg or use thereof; or
deformity; or
incapacity for labor or need of medical attendance for long periods (commonly exceeding 30 days, and escalating with longer periods)

Penalties increase with severity of outcome.

3.3 Less Serious Physical Injuries (Art. 265)

Typically covers injuries where:

the offended party is incapacitated for labor, or requires medical attendance, for a moderate period (commonly 10 to 30 days), without falling under “serious.”

This category often becomes relevant in fistfights, slaps leading to bruising with extended treatment, minor fractures with limited downtime, etc.

Important qualifiers can increase liability (and sometimes increase the penalty range), such as certain relationships or aggravating circumstances.

3.4 Slight Physical Injuries and Maltreatment (Art. 266)

Common in many “assault” complaints:

injuries causing incapacity/medical attendance for a short period (commonly 1 to 9 days), or
injuries not preventing the victim from engaging in habitual work and not requiring medical attendance, or
maltreatment (physical ill-treatment without significant injury)

These cases may seem “minor,” but they are still criminal offenses, and proof and procedure still matter.

3.5 Related injury provisions that can matter

Depending on the facts, other provisions can apply, such as:

Physical injuries inflicted in a tumultuous affray (Art. 252)
Administering injurious substances or beverages (Art. 264)
Situations involving public officers, detention, or abuse of authority (facts may point to different crimes)

4) A critical fork: Physical Injuries vs. Attempted/Frustrated Homicide

Not every case with bodily harm is charged as “physical injuries.”

4.1 When prosecutors consider attempted or frustrated homicide

If evidence suggests intent to kill, the proper charge may be:

Attempted Homicide (no fatal wound; intent to kill shown; the killing is not completed)
Frustrated Homicide (victim would have died without timely medical intervention; all acts to kill performed but death does not occur)

4.2 What indicates “intent to kill”

Intent is inferred from circumstances such as:

weapon used (knife/firearm vs. bare hands)
number of wounds, location (vital areas like chest/neck)
manner of attack (sudden, repeated stabbing)
declarations (“I will kill you”)
persistence in the attack even after the victim is helpless
absence of provocation or presence of treachery-like conduct

A case can be “upgraded” from physical injuries to attempted homicide if these indicators are strong, even if the victim survives with “minor” documented injury.

5) Special laws that commonly intersect with physical injury cases

5.1 Violence Against Women and Their Children (RA 9262)

If the victim is a woman (wife, former wife, girlfriend/dating partner in covered relationships) or a child, and the offender is a person covered by RA 9262, physical harm may be prosecuted as VAWC.

Key effects:

Broader definition of violence (physical, psychological, economic, sexual)
Protection orders (including Barangay Protection Orders)
Often not treated as a simple “barangay dispute” for conciliation; safety and protection measures are central.

5.2 Child Abuse (RA 7610)

If the victim is a child and the act fits statutory definitions of abuse, cruelty, exploitation, or discrimination, RA 7610 may apply—sometimes alongside or instead of Revised Penal Code provisions.

5.3 Hazing (RA 11053), Anti-Torture (RA 9745), and other special laws

Group violence in initiations, custodial abuse, or authority-driven violence can trigger special statutes with distinct elements and heavier consequences.

5.4 When the offender is a minor (Juvenile Justice: RA 9344, as amended)

If the alleged offender is below the age thresholds in juvenile justice law, procedures like diversion and different handling rules apply, affecting filing and case management.

6) Barangay Conciliation (Katarungang Pambarangay) — when it applies and when it does not

6.1 What barangay conciliation is

Under the Katarungang Pambarangay system (in the Local Government Code framework), certain disputes must first undergo barangay-level mediation/conciliation before courts or prosecutors act—unless an exception applies.

The goal is speedy, community-based dispute resolution and decongestion of courts.

6.2 The usual criminal-case threshold

In general, the barangay mechanism commonly covers offenses where the penalty does not exceed:

imprisonment of one (1) year, or
a fine within the statutory threshold set by the barangay jurisdiction rules,

and where the parties and location fall within the coverage rules.

Many slight and some less serious physical injuries cases may fall within this, depending on the exact statutory penalty and any qualifying circumstances.

6.3 Coverage depends on parties and location (not just the crime)

Even if the offense is “minor,” barangay conciliation generally depends on factors like:

Parties are natural persons (not typically corporations/government agencies)
Parties reside in the same city/municipality, and venue rules are satisfied
The dispute is one the Lupon can lawfully handle
No exception applies (see below)

6.4 Common exceptions (when you can go directly to the prosecutor/court)

Barangay conciliation is commonly not required (or not appropriate) in situations such as:

Urgent legal action is necessary (e.g., immediate protection, detention issues, imminent harm)
The case involves VAWC or circumstances where mediation would endanger the victim or undermine protective frameworks
One party is the government (or dispute relates to official functions)
The offense carries a penalty beyond barangay jurisdiction
The parties do not meet the residence/venue requirements
The case is otherwise excluded by applicable rules and jurisprudence

6.5 The barangay process (typical flow)

While details can vary by local implementation, the standard structure is:

Filing a complaint at the barangay
Mediation by the Punong Barangay (chairperson) within the prescribed period
If unresolved, constitution of the Pangkat ng Tagapagkasundo for conciliation
If still unresolved, issuance of a Certification to File Action (CFA)

6.6 Why the Certification to File Action matters

For disputes that are subject to barangay conciliation, the CFA is often required so that:

the prosecutor’s office can take cognizance (for cases routed there), or
the court can accept the filing (for cases filed directly)

Without it, the case can be dismissed or returned for non-compliance—unless it clearly falls under an exception.

6.7 Settlement at the barangay: effects and limits

An amicable settlement can:

settle the dispute and the civil aspects,
be enforceable under barangay procedures and, later, through court enforcement mechanisms.

But be careful with assumptions:

A settlement does not automatically erase criminal liability the same way a purely private dispute might. Physical injuries are generally public offenses; prosecutors retain discretion based on evidence and public interest.
“Affidavits of desistance” and settlement agreements often influence outcomes in practice, but they do not bind the prosecutor or the court as an absolute rule.

6.8 Prescription and timing: a hidden trap

Some injury cases—especially those treated as light offenses—can have short prescriptive periods. Delay can be fatal to a case.

Because barangay conciliation can consume time, it is important (in any real situation) to understand:

whether the case is required to go through barangay, and
how prescription is treated when barangay proceedings are initiated.

7) Filing a criminal case: police report, prosecutor route, and court process

7.1 Where cases are commonly initiated

A physical injury case may begin through:

Police blotter/report and complaint intake
Direct filing with the Prosecutor’s Office (complaint-affidavit and attachments)
In some lower-level offenses, direct filing with the appropriate trial court may be allowed under the Rules of Criminal Procedure (depending on the penalty and procedural track)

7.2 Evidence package: what prosecutors typically look for

A well-supported complaint often includes:

Complaint-affidavit narrating facts (who, what, when, where, how)
Medico-legal certificate and/or hospital records
Photos of injuries (with date/time context if possible)
Witness affidavits (independent witnesses are powerful)
CCTV/video (if available)
Relevant messages, threats, or admissions (screenshots plus device context)
Proof of identity of respondent (if available) and relationship context (if relevant)

7.3 Preliminary investigation (PI) vs. other tracks

Under Rule 112 principles:

Preliminary investigation is generally required for offenses with penalties reaching a certain threshold (commonly expressed as at least 4 years, 2 months, and 1 day), excluding fine considerations.
Offenses below that threshold follow faster procedures; some are handled under summary or simplified rules depending on the offense and court.

Many slight/less serious injury cases fall below the PI threshold, but serious physical injuries and attempted homicide usually do not.

7.4 Typical prosecutor’s office flow (regular route)

A common sequence:

Filing of complaint-affidavit with supporting evidence
Issuance of subpoena to respondent
Counter-affidavit by respondent (denials, defenses, counter-evidence)
Optional reply and rejoinder
Possible clarificatory hearing
Resolution: dismissal or finding of probable cause
If probable cause: filing of Information in court

7.5 Inquest vs. regular filing (when arrest happens first)

If the respondent is lawfully arrested without a warrant (commonly due to hot pursuit or being caught in the act), the case may go through inquest (a faster probable cause determination) rather than regular PI—depending on the offense and circumstances.

7.6 What happens after the case is filed in court

After an Information is filed:

court may issue warrant/summons (depending on the case and custody status)
arraignment
pre-trial
trial proper
judgment, and possible appeal

8) Defenses and counter-charges commonly raised in injury cases

Physical injury cases often become “he-said/she-said” unless supported by objective evidence. Common defenses include:

Self-defense (requires unlawful aggression by the victim, reasonable necessity of means, and lack of sufficient provocation by the accused)
Defense of relative/stranger
Accident (absence of intent/negligence elements depending on theory)
Denial/alibi (usually weak without corroboration)
Claims that injuries are not consistent with the story (hence the importance of timely medical documentation)

Counter-charges sometimes arise:

the respondent files their own complaint for injuries, threats, or unjust vexation,
or alleges mutual aggression (which can affect assessment of unlawful aggression and mitigation).

9) Direct assault and injuries involving persons in authority

If the injured party is a person in authority (or their agent) and the attack is connected to the performance of official duties, charges may shift to:

Direct Assault (and related offenses),
with physical injuries treated as part of, or in addition to, the assault framework depending on the facts.

Examples can include attacks on barangay officials, teachers (in certain contexts), law enforcement officers, or other persons in authority as defined by law.

10) Civil liability and damages: what can be claimed

In Philippine criminal law, criminal liability often carries civil liability for damages, commonly including:

Actual damages (medical expenses, therapy, medicines, transportation)
Loss of earning capacity (if proven)
Moral damages (pain, suffering, emotional distress, humiliation)
Exemplary damages (in certain circumstances, often tied to aggravating factors)
Temperate damages (when actual loss is certain but exact amount is hard to prove)

Civil liability is often impliedly instituted with the criminal action unless properly waived, reserved, or separately filed under procedural rules.

Settlements frequently focus on the civil aspect (payment of medical bills, etc.), but the criminal aspect follows legal standards and prosecutorial discretion.

11) Practical points that often decide the outcome

11.1 Timing is everything

Immediate treatment and documentation reduces disputes about cause and timing.
Delays can weaken credibility and risk prescription issues for light offenses.

11.2 “Medical certificate quality” can make or break probable cause

Certificates with vague statements (no clear injury measurements, no clear days of medical attendance/incapacity) invite challenges. Detailed records are harder to dispute.

11.3 Photos and independent witnesses are force multipliers

Clear photos taken close in time, plus at least one credible witness, can turn a weak case into a strong one.

11.4 Barangay conciliation mistakes cause dismissals

If the case is subject to Katarungang Pambarangay and no valid exception applies, skipping conciliation (or filing in the wrong barangay venue) can derail the case procedurally.

11.5 “Affidavit of desistance” is not a magic eraser

It may influence settlement and prosecutorial evaluation, but it is not an automatic dismissal tool, especially if evidence independently supports the charge or public interest is implicated.

12) A simple map of the decision path

Step 1: Identify safety/protection needs

If there is ongoing danger, threats, or domestic violence dynamics, protective frameworks (especially under RA 9262) can be central.

Step 2: Document and preserve evidence

Medical records + medico-legal certificate + photos + witnesses + video.

Step 3: Determine whether barangay conciliation is required

Check offense penalty, relationship/location coverage, and exceptions (VAWC/urgent actions/etc.).

Step 4: Choose the filing route

Barangay (if required) → CFA → prosecutor/court
Direct prosecutor filing (if not subject or exception applies)
Police/inquest route if arrest occurred

Step 5: Expect classification issues

Physical injuries category depends on medico-legal facts and legal standards; attempted homicide may be considered if intent to kill is shown.

Bottom line

“Physical injuries” cases in the Philippines are built on the intersection of (1) factual evidence, (2) medico-legal documentation, (3) barangay conciliation rules, and (4) criminal procedure. Getting the classification right (slight/less serious/serious or attempted homicide), complying with any required barangay process (or properly invoking exceptions), and presenting complete medical and corroborating evidence are the recurring determinants of whether a case is dismissed early or proceeds to court.