Criminal Complaint Process and Investigation Steps (Philippine Legal Article)

This article is for general information and not legal advice.

1) What counts as “physical injuries” in Philippine criminal law

In Philippine criminal law, “physical injuries” generally refer to bodily harm inflicted on a person, punished under the Revised Penal Code (RPC). The offense focuses on the resulting injury and its medical/functional impact, not merely the act of hitting.

Key RPC provisions

Mutilation (RPC Art. 262) – loss or serious damage of an organ or a body part (e.g., castration; permanent loss of a limb or essential organ function).
Serious Physical Injuries (RPC Art. 263) – injuries with grave consequences (e.g., incapacity for labor for a long period, permanent deformity, loss of a member, serious illness).
Administering Injurious Substances / Beverages (RPC Art. 264) – causing injury by giving harmful substances.
Less Serious Physical Injuries (RPC Art. 265) – injuries that incapacitate or require medical attendance for a moderate period.
Slight Physical Injuries and Maltreatment (RPC Art. 266) – injuries requiring medical attendance or incapacity only for a short period, or mere maltreatment without causing injury.

In practice, the medico-legal finding (e.g., “healed in X days,” “incapacitated for X days,” “permanent deformity”) is central because it typically drives the legal classification and penalty.

2) How cases are classified (why “number of days” matters)

A common way physical injuries are initially categorized is by the period of medical attendance and/or incapacity for labor stated in a medical certificate or medico-legal report.

Typical working guide (from RPC structure)

Slight physical injuries: short incapacity/medical attendance (commonly 1–9 days) or maltreatment without injury.
Less serious physical injuries: moderate incapacity/medical attendance (commonly 10–30 days).
Serious physical injuries: longer incapacity/medical attendance (commonly more than 30 days) or injuries causing:
- permanent deformity,
- loss of a member/body part,
- loss of the use of an organ,
- serious/long-term illness,
- permanent disability, etc.
Mutilation: the most severe form involving loss or destruction of a specific organ/member as defined by law.

Important realities

The “days to heal” figure is not just about pain; it is a medico-legal estimate that affects:
- the charge,
- whether the case may be inquest vs regular filing,
- bail considerations,
- and sometimes whether barangay conciliation applies.
The classification can change if later medical findings show complications, fractures, disfigurement, or longer incapacity than initially stated.

3) Special laws that may override or reshape the case

Not every “physical injury” incident is handled purely as an RPC physical injuries case. Depending on the relationship and circumstances, special laws may apply:

A) Violence Against Women and Their Children (VAWC) – RA 9262

If the offender is:

a current/former spouse,
boyfriend/girlfriend (current or former),
someone with whom the victim has a child,
or someone with whom the victim had a dating or sexual relationship, and the victim is a woman or her child, physical harm may be charged under RA 9262, which has its own rules (including protection orders).

B) Child abuse – RA 7610

If the victim is a child, and the act fits the law’s definitions of abuse/exploitation, the prosecution may proceed under RA 7610.

C) Hazing – RA 11053

If injury occurs in the context of hazing, the hazing law can apply.

D) Other related offenses

Sometimes prosecutors consider related or alternative charges depending on facts:

Attempted homicide / frustrated homicide (if intent to kill is indicated by circumstances, weapon used, manner of attack, location of wounds, etc.)
Grave threats / coercion (if the event includes threats controlling behavior)
Unjust vexation / alarms and scandals (older categories sometimes seen in minor incidents; charging practices vary)

4) First actions after an injury incident (documentation and preservation)

For the complainant/victim

Get medical attention immediately.
- ER records and doctor’s notes are valuable.
Secure a medical certificate or medico-legal report.
- If there is police involvement, ask about a medico-legal examination (often through a government hospital/PNP medico-legal).
Photograph injuries (dated if possible), torn clothing, the scene (if safe), and any weapon/object used.
Identify witnesses and record contact details.
Preserve messages/videos/CCTV:
- Download copies, note timestamps, request establishment CCTV retention (many systems overwrite quickly).
Make a contemporaneous narration (what happened, where, when, who saw it, exact words said, sequence of events).

For the accused/suspect

Preserve your own evidence:
- CCTV, receipts showing location, communications, witness contacts.
Avoid contacting the complainant in ways that could be construed as intimidation or retaliation.

5) Where to start: Barangay, Police, or Prosecutor?

There are three common entry points, depending on the facts:

A) Barangay conciliation (Katarungang Pambarangay)

If parties live in the same city/municipality and the case is within the barangay’s authority, the law may require prior barangay proceedings before filing in court/prosecutor’s office—but there are important exceptions.

Common exceptions include situations such as:

the suspect is not within the same city/municipality,
urgent legal action is needed,
certain offenses/situations where barangay conciliation does not apply,
cases involving government entities in certain ways,
and other statutory exceptions.

Practical note: In many injury incidents, parties go directly to the police for blotter entry and medico-legal referral, then proceed to the prosecutor for filing. Whether barangay conciliation is mandatory depends on jurisdictional facts and the applicable law/offense.

B) Police report / blotter

You can report to the PNP or local police station:

to record the incident in the blotter,
to request assistance,
to trigger fact-finding and evidence gathering,
and to facilitate medico-legal examination.

C) Direct filing with the Office of the City/Provincial Prosecutor

Many criminal complaints for physical injuries proceed through the prosecutor’s office via preliminary investigation (or inquest if there was a warrantless arrest).

6) The basic criminal case pathways

There are two main procedural tracks at the prosecutor level:

Track 1: Inquest (when there is a warrantless arrest)

Inquest happens when:

the suspect is arrested without a warrant (e.g., caught in the act, hot pursuit, or escapee situations), and
is detained, and
the case must be evaluated promptly.

Inquest steps (typical)

Police submit:
- arrest report,
- sworn statements (complainant/witnesses),
- medico-legal,
- other evidence.
Inquest prosecutor determines:
- whether the arrest was lawful, and
- whether evidence shows probable cause to charge.
Possible outcomes:
- File Information in court (case proceeds; accused may seek bail if allowed),
- Release for further preliminary investigation (if appropriate),
- Release if arrest/evidence is deficient (without prejudice in some situations).

The detained person may be given an option to request regular preliminary investigation (which can change timelines and custody handling).

Track 2: Regular complaint + Preliminary Investigation (PI) (no warrantless detention)

This is the more common route.

7) Filing a criminal complaint for physical injuries (Regular route)

Step 1: Prepare the complaint

A prosecutor-filed case typically starts with a Complaint-Affidavit plus attachments.

Common attachments

Medical certificate / medico-legal report
Photos of injuries
Sworn statements of witnesses (Affidavits)
CCTV/video files (with a brief authentication narrative; keep original copies)
Screenshots of messages/social media posts (with context)
Sketch/diagram of the scene (optional but helpful)
Proof of identity and contact details

Where filed: Office of the City Prosecutor (for cities) or Provincial Prosecutor (for municipalities), generally where the crime occurred.

Step 2: Evaluation and issuance of subpoena

If the complaint is sufficient in form, the prosecutor issues a subpoena to the respondent (accused) with copies of the complaint and evidence, requiring a Counter-Affidavit within a specified period (commonly around 10 days, subject to rules and extensions in practice).

Step 3: Respondent files Counter-Affidavit

The respondent typically submits:

Counter-affidavit (narrative + defenses)
Affidavits of witnesses
Supporting evidence (CCTV, documents, medical records if relevant)
Arguments on:
- identity (mistaken identity),
- self-defense/defense of others,
- lack of injury causation,
- improbabilities/inconsistencies,
- unlawful arrest (if applicable),
- and other legal issues.

Step 4: Optional Reply and Rejoinder

Some prosecutors allow:

Reply-Affidavit from complainant,
then Rejoinder from respondent, to address new matters.

Step 5: Clarificatory hearing (optional)

Prosecutors may call parties for clarificatory questioning. This is not a full trial; it’s to clarify probable cause.

Step 6: Prosecutor resolution

The prosecutor issues a Resolution determining whether there is probable cause to charge in court.

Possible outcomes

Dismissal (insufficient probable cause)
Filing of Information in court for the appropriate offense
Amended/lesser/greater charge depending on evidence (e.g., slight → less serious; physical injuries → attempted homicide if intent to kill is supported)

Step 7: Approval and filing in court

Depending on internal office rules, the resolution may require approval by a supervising prosecutor before filing the Information in court.

8) Police investigation steps (what happens behind the scenes)

Even when the prosecutor handles charging, police investigation often supplies the backbone evidence. Typical steps include:

Receiving the report / blotter entry
Initial interview of complainant and witnesses
Crime scene response (if immediate and relevant)
Medical referral for medico-legal exam
Evidence collection
- photographs
- statements
- recovery of objects/weapon (if any)
- CCTV acquisition requests
Identification procedures
- show-up, photo lineup, or other methods (must be handled carefully to avoid suggestiveness)
Case folder preparation
- police reports,
- sworn statements,
- attachments compiled for prosecutor.

9) What prosecutors look for (probable cause basics)

At the complaint stage, the standard is probable cause, not proof beyond reasonable doubt.

Prosecutors generally assess:

Identity: Is the respondent reliably identified as the offender?
Act: Did the respondent commit acts leading to injury?
Injury and causation: Are injuries documented and plausibly caused by the incident?
Intent and circumstances: Any indicators of intent to kill, treachery-like manner, use of weapon, vulnerability, etc. (may affect charge selection)
Defenses: Self-defense/defense of others, accident, lawful authority
Credibility and consistency: Between affidavits, medical findings, and objective evidence

10) Defenses commonly raised in physical injuries cases

A) Self-defense / defense of others

Usually requires showing:

unlawful aggression by the complainant,
reasonable necessity of the means employed,
lack of sufficient provocation on the part of the defender.

Medical findings and witness accounts matter heavily (e.g., who has defensive wounds, relative severity, consistency with the story).

B) Accident / lack of intent

If injuries resulted from an accident without fault, liability may differ, but factual proof is key.

C) Denial / alibi / mistaken identity

Often tested against:

witness opportunity to observe,
CCTV,
prompt reporting,
and consistency.

D) Injury not caused by respondent

Challenges on causation (e.g., injury pre-existed; occurred later; inconsistent medical timeline).

11) After the Information is filed: Court process overview

Once the prosecutor files the Information in court:

Raffle/assignment to a court (depending on local practice)
Issuance of warrant of arrest or summons, depending on rules and court assessment
Arraignment
- accused enters a plea
Pre-trial
- marking of evidence, stipulations, issues simplified
- plea bargaining possibilities may arise depending on the offense and prosecution policy
Trial
- prosecution evidence first, then defense
Judgment
Appeal (if applicable)

Bail considerations

Whether bail is available, and the amount, depends on:

the offense charged,
penalty level,
and court determinations.

12) Evidence checklist (practical)

Strong commonly-used evidence

Medico-legal report stating:
- nature of injuries (abrasions, lacerations, contusions, fractures),
- estimated healing/incapacity period,
- permanence (deformity/disability).
Clear photos with time context (before swelling reduces; follow-up photos).
Independent witness affidavits.
CCTV with:
- exported original file format when possible,
- chain-of-custody narrative (who extracted it, when, from what system).
Admissions in messages (if any), with full conversation context.

Common weaknesses that lead to dismissal

No medical documentation or delayed examination without explanation.
Affidavits that are conclusory (“he hurt me”) without detail of how/when/where.
Contradictions on key facts (time, location, sequence).
Unreliable identification (poor lighting, brief glance, suggestive identification method).
Lack of linkage between injury and incident.

13) Settlement, desistance, and “affidavit of desistance”

Physical injuries cases sometimes involve attempts to settle.

Key points

Criminal offenses are generally considered offenses against the State; settlement between parties does not automatically erase criminal liability.
An affidavit of desistance may influence prosecutorial discretion in some minor cases depending on circumstances, but it does not guarantee dismissal—especially where evidence independently supports prosecution.
In certain contexts, compromise may affect the civil aspect more directly than the criminal case, but outcomes are fact- and offense-dependent.

14) Civil liability alongside the criminal case

Criminal prosecution commonly carries civil liability (unless reserved/waived as allowed by procedure in certain circumstances).

Possible civil claims include:

Medical expenses
Loss of income / earning capacity
Moral damages (pain, suffering, anxiety)
Other proven damages

Even if the criminal case fails, a separate civil action may be possible depending on facts, burdens of proof, and procedural choices.

15) Prescription (time limits) in concept

Criminal offenses have prescriptive periods (time limits to file) that depend on:

the offense and its penalty,
the applicable law (RPC or special law),
and rules on interruption (e.g., filing of complaint).

Because the classification can shift with medical findings, prompt action is important in practice.

16) Common scenario walkthroughs

Scenario A: Bar fight; victim has bruises; “healed in 5 days”

Likely evaluated as slight physical injuries (subject to full facts).
Steps commonly taken:
- police blotter + medical certificate,
- sworn affidavits,
- prosecutor filing (or barangay conciliation may be raised depending on jurisdiction and exceptions).

Scenario B: Assault causing fracture; “incapacity 45 days”

Likely serious physical injuries.
Prosecutor may look closely at:
- weapon used,
- severity and location of injury,
- possibility of intent to kill if injuries are to vital areas or attack was sustained.

Scenario C: Woman harmed by live-in partner

May fall under RA 9262 (VAWC) rather than a plain RPC injuries case.
Protection-order mechanisms can be relevant.

17) Practical drafting tips for affidavits (complainant and respondent)

Complaint-affidavit should clearly state:

Who did what (full names, identifiers if known)
When/where (date, time, exact location)
How the injury was inflicted (sequence; number of blows; object used)
Why you know it was the respondent (lighting, distance, familiarity)
Witnesses (names, what they saw)
Injuries (describe + attach medical proof)
Aftermath (threats, hospitalization, reporting timeline)

Counter-affidavit should address:

Direct point-by-point response to allegations
Alternate narrative supported by:
- objective evidence (CCTV, location proof),
- witness affidavits,
- medical evidence (if claiming you were attacked too)
Any legal defenses (self-defense elements, lack of unlawful aggression, etc.)

18) Process map (end-to-end)

Incident → Medical → Evidence preservation → Police blotter (optional but common) → Filing at Prosecutor → Subpoena to respondent → Counter-affidavit → (Reply/Rejoinder, clarificatory hearing if any) → Prosecutor Resolution → If probable cause: Information filed in court → Arraignment → Pre-trial → Trial → Judgment (If warrantless arrest: Inquest may replace early PI steps.)

19) Key takeaways

Physical injuries cases in the Philippines are heavily driven by medical documentation and objective evidence (photos, CCTV, witnesses).
The prosecutor determines probable cause and the appropriate charge, which can differ from the initial police labeling.
The procedural route depends largely on whether there was a warrantless arrest (inquest) or a regular filing (preliminary investigation).
Special laws (notably VAWC/RA 9262 and child-related laws) can change both strategy and remedies.
Early, accurate documentation often determines whether a case is filed, downgraded, upgraded, or dismissed.