Here’s a comprehensive, practice-oriented legal explainer on physical-injury lawsuits in the Philippines—written to be usable by non-lawyers and lawyers alike. It covers the criminal and civil angles, elements, defenses, filing steps, evidence, remedies, timelines, and strategic choices. (This is general information, not legal advice.)

What counts as “physical injuries” under Philippine law?

In Philippine practice, “physical injuries” is both:

a criminal offense under the Revised Penal Code (RPC) (e.g., serious, less serious, and slight physical injuries; reckless imprudence resulting in physical injuries; related offenses like mutilation and administering harmful substances), and
a civil wrong under the Civil Code (either quasi-delict/tort or breach of contract), giving rise to damages.

Because of this dual nature, a single incident (say, an assault or a vehicular collision) usually spawns two tracks:

a criminal case prosecuted in the name of the People of the Philippines, and
a civil claim for damages (which can be joined to the criminal case or pursued separately).

The criminal side (Revised Penal Code)

Core offenses and typical classifications

Serious Physical Injuries (RPC): covers grave harm (e.g., loss of limb/eye, permanent deformity or disability), and also injuries that result in lengthy incapacity for work or extended medical care.
Less Serious Physical Injuries (RPC): injuries that produce temporary incapacity/medical care for a moderate period.
Slight Physical Injuries & Maltreatment (RPC): minor harm, short incapacity/medical care, or ill-treatment not requiring medical attendance.
Reckless Imprudence Resulting in Physical Injuries (Art. 365): negligence cases (e.g., road crashes).
Related special situations:
- Mutilation (loss of essential organ or member),
- Administering injurious substances or beverages,
- Child victims (often charged under special laws),
- Domestic violence context (often charged under the Anti-VAWC law with separate protective remedies).

Practitioner tip: The exact day-count thresholds (for incapacity to labor and/or medical attendance) and penalty brackets determine whether injuries are “serious,” “less serious,” or “slight.” Courts rely on medico-legal findings to classify. (Because amendments have adjusted penalties over time, always check the current codal text and latest jurisprudence when pleading or charging.)

Elements (typical)

Intentional injuries: (a) the accused inflicted bodily harm; (b) harm was unlawful; (c) resulting degree of injury matches the charge; (d) identification and participation of the accused.
Negligent injuries (reckless imprudence): (a) negligent or imprudent act/omission; (b) violation of the duty of care; (c) causation linking negligence to the injury; (d) resulting degree of injury.

Defenses commonly raised

Self-defense / defense of relative/stranger (unlawful aggression, reasonable necessity of means, lack of sufficient provocation).
Accident (absence of fault).
Lack of intent is not a defense to negligence, but may mitigate in intentional cases.
Consent / sports exception (voluntary assumption of ordinary risks), not a shield to excessive or wanton conduct.
Mistaken identity / alibi (rarely sufficient without corroboration).
Privileged circumstances (minority, incomplete justification, etc.) may lower penalties.

Venue, procedure, and prosecution flow

Venue: where the offense was committed.
Filing: victim submits a Complaint-Affidavit (with evidence) to the City/Provincial Prosecutor. For flagrant or recent incidents, inquest may be conducted; otherwise a regular preliminary investigation happens with counter-affidavits and replies.
If probable cause is found, the prosecutor files an Information in the trial court; the accused is arraigned and the case proceeds to pre-trial and trial.
Barangay conciliation: For minor offenses (e.g., many slight or less-serious cases) between residents of the same city/municipality, prior katarungang pambarangay conciliation is often a pre-condition before filing in court, with statutory exceptions (e.g., higher-penalty offenses, cases involving the government, among others).
Protective orders: If injury occurs in a domestic setting, victims may seek Temporary/Protection Orders under the Anti-VAWC law in addition to criminal prosecution.

Prescription (time limits to start the case)

Criminal cases prescribe based on the penalty attached to the specific physical-injury charge. As a working guide:
- Light offenses (e.g., slight physical injuries) have very short limitation periods (measured in months).
- Correctional or afflictive penalties (often applicable to less serious/serious injuries) have longer prescriptive periods (measured in years).
Always check the specific penalty for the charged paragraph to compute the correct prescriptive period under the RPC’s prescription rules.

The civil side (damages)

You can pursue damages within the criminal action (by not reserving the civil aspect) or separately as a civil action:

Ex delicto (civil liability arising from the crime): travels with the criminal case unless you reserve otherwise.
Independent civil actions under the Civil Code (e.g., Art. 33 for physical injuries due to violent acts; Art. 2176 quasi-delict/tort for negligence; Art. 19–21 abuse of rights/acts contra bonos mores). These do not require criminal conviction, have different standards of proof (preponderance), and can proceed even if the criminal case is dismissed or ends in acquittal on reasonable doubt (subject to rules on double recovery).

Available damages (typical heads)

Actual/compensatory damages: medical and rehab bills, medicines, assistive devices, transport to treatment, property damage, lost income during incapacity, future medical/care costs (must be proven).
Loss of earning capacity: For permanent disability or prolonged impairment:
- For temporary incapacity: Daily wage/salary × workdays lost (supported by payslips/employer certs).
- For permanent/long-term impairment: courts may use a net earning capacity approach (gross income less living expenses, multiplied by remaining work-life or impairment percentage), provided the permanency and economic impact are proven (medical and vocational evidence help).
Moral damages: for physical suffering, mental anguish, social humiliation—requires credible testimony of distress and the wrongful act.
Exemplary (punitive) damages: in cases of wanton, fraudulent, reckless conduct to deter similar acts.
Temperate damages: when some pecuniary loss is certain but not precisely proved.
Nominal damages: to vindicate a right.
Attorney’s fees and costs: in allowable instances (e.g., defendant’s bad faith; civil action compelled by the defendant’s act).

Whom to sue (liability theories)

Direct tortfeasor (assailant or negligent driver).
Vicarious liability (Civil Code Art. 2180): employers, owners, and managers may be solidarily liable for their employees’ torts within the scope of assigned tasks, absent due diligence in selection and supervision.
Subsidiary liability under the RPC: certain employers/innkeepers may be subsidiarily liable when their employee is criminally convicted for acts in the discharge of duties.
Vehicle owners: registered owners are often impleaded with the driver in negligence cases.
Establishments: for inadequate security or unsafe premises (premises liability/negligence).

Standards of proof

Criminal: beyond reasonable doubt.
Civil: preponderance of evidence (more likely than not).
This difference explains why civil claims may succeed even if the accused is acquitted on reasonable doubt.

Prescription of civil actions

Quasi-delict (Art. 2176) and Art. 33 actions: generally 4 years from the date of injury or from discovery (for latent harm).
Ex delicto civil liability tied to the crime: generally tracks the criminal prescription if joined; if reserved and filed separately, apply the Civil Code period applicable to the cause of action.
Contract-based claims (e.g., medical procedure with breach): different, often 10 years for written contracts; 6 years for oral (verify the exact basis).

Evidence: what actually wins (or loses) these cases

Indispensable

Medico-legal certificate or medical records (clinical abstracts, physician’s findings, diagnostic tests).
Receipts/billing statements for all expenses (originals + organized photocopies).
Proof of income (payslips, employer certification, tax filings; for informal earners, credible proof such as affidavits plus consistent testimony).
Police blotter / traffic accident report; photos/videos of the scene and injuries (dated).
Witness statements; CCTV or dashcam footage if available.
ID of the accused/defendant (lineups, photos, testimony).

Very helpful

Treatment plan and prognosis (to show permanency or long-term effects).
Occupational/rehab expert to translate impairment into work limitations and future cost of care.
Psychological evaluation (supports moral damages).
Proof of employer control (for vicarious liability): contracts, IDs, manuals, time records.

How to file: step-by-step (checklist)

Immediate care & documentation
- Get treated; tell the doctor exactly how the injury happened.
- Ask for a medico-legal or detailed medical certificate. Keep all receipts.
Record the incident
- Police blotter or barangay report; collect photos/videos; get witness contacts.
Strategize the forum(s)
- Criminal (RPC/Art. 365) if there’s intent or negligence.
- Civil:
  - Join civil claims in the criminal case (no reservation); or
  - Reserve and file a separate civil action (often faster for settlement; standard of proof is lower).
- Barangay conciliation if required (minor cases; same city/municipality; check statutory exceptions).
- Insurance: If a motor vehicle is involved, lodge insurance claims (CTPL/comprehensive) in parallel; many policies require prompt notice.
Prepare filings
- Complaint-Affidavit (criminal) with annexes: medical proof, receipts, photos, police report, IDs.
- Civil Complaint (if separate): state causes of action (quasi-delict/Art. 33/contract), damages, and vicarious liability bases; attach certification against forum shopping; pay filing fees (or apply as indigent).
- If motor-crash: attach LTO records, ownership, insurance policy copies if available.
Prosecutor’s investigation / Court proceedings
- Attend preliminary investigation; respond to counter-affidavits.
- If Information is filed, be ready for arraignment, pre-trial, and trial.
- For civil cases, expect Judicial Dispute Resolution (JDR)/mediation—often a good window to settle.
Damages proof
- Present physician and rehab experts; quantify lost income; prove future costs with reasonable certainty.
Enforcement
- If convicted civilly or criminally, pursue writs of execution; consider subsidiary liability (employer/innkeeper) where applicable; garnish wages/accounts or levy property.

Settlement dynamics

Criminal compounding is limited; but civil compromise (damages) is common, especially in negligence cases.
In intentional cases (assault), prosecutors still proceed in the public interest even if civil damages are settled—though settlement can mitigate penalties and civil exposure.
Settlement ranges depend on injury severity, clear liability, victim’s income proof, and the defendant’s resources/insurance.

Special contexts and overlays

Domestic/Intimate partner violence: often charged under Anti-VAWC with protection orders; physical injury here can coexist with VAWC charges.
Child victims: consider Special Protection of Children laws; penalties and procedures may differ; child-sensitive handling is required.
Workplace injuries: aside from torts, check SSS/Employees’ Compensation benefits; employer negligence may still support a civil suit.
Medical injuries: may ground both malpractice tort (and in rare cases criminal negligence) and contract claims (physician-patient relationship).
Sports and schools: assumption of risk is not absolute; liability may attach for excessive force, dangerous conditions, or lack of supervision.

Practical calculations & proof pointers

Temporary lost earnings:
- Compute net daily wage × actual workdays lost (less taxes/mandatory deductions when claiming net income).
- Support with employer certification and payslips; for informal earners, provide consistent affidavits and, if possible, tax returns or business permits.
Permanent impairment:
- Ask your physician to issue an impairment/disability rating and describe work limitations.
- Consider a vocational expert to translate impairment to earning-capacity loss.
Moral damages:
- Detailed, credible victim testimony is key; psychological reports help.
Exemplary damages:
- Plead and prove aggravating circumstances (e.g., intoxication, use of deadly weapon, wanton disregard).

Common pitfalls

Late filing beyond prescriptive periods, especially for light offenses (very short).
Missing barangay conciliation when required, causing dismissal for lack of cause of action/condition precedent.
Under-documenting expenses (no receipts = weak actual damages).
Failing to implead the employer/owner early when vicarious or subsidiary liability is viable.
Inconsistent medical narratives (tell doctors the mechanism of injury early and consistently).

Frequently asked strategic questions

Should I join the civil claim to the criminal case or file it separately?

Join if you want a single proceeding and expect a conviction; file separately (e.g., Art. 33 or quasi-delict) if you want faster settlement leverage, lower burden of proof, or to avoid criminal delays.

Can I still sue civilly if the accused is acquitted?

Yes. An acquittal for reasonable doubt does not foreclose an independent civil action (preponderance of evidence standard). If the acquittal negates the act itself, civil claims ex delicto may fail, but independent civil bases (e.g., Art. 33/2176) can still be viable.

What if the injurer was on the job?

Explore employer liability (Art. 2180) and, upon criminal conviction, possible subsidiary liability under the RPC.

What about insurance?

For vehicular incidents, pursue CTPL/comprehensive claims promptly and keep all medical and police documents. Insurance recovery can coexist with civil damages (subject to rules against double recovery).

Document templates you can adapt (short forms)

A. Demand Letter (civil)

Brief facts (who/what/when/where).
Legal basis (quasi-delict / Art. 33 / breach of contract).
Injuries and expenses to date (attach copies).
Demand: payment of amount (itemized: actual, lost income, moral, etc.) within 15 days; propose settlement meeting.
Notice that non-payment leads to civil/criminal action.

B. Complaint-Affidavit (criminal)

Affiant’s identity and capacity.
Narrative of the incident (chronological, specific acts).
Injuries sustained (attach medico-legal and photos).
Identification of the respondent(s) and role.
Prayer: filing of appropriate Information.
Attachments: medical proof, receipts, police blotter, witness affidavits, CCTV stills, IDs.

Quick reference (at a glance)

Two tracks: Criminal (People vs. Accused) and Civil (victim vs. defendant).
Classifications: serious / less serious / slight; negligence via reckless imprudence.
Proof: medico-legal + receipts + eyewitness/CCTV + income proof.
Damages: actual, loss of earnings/capacity, moral, exemplary, temperate, attorney’s fees.
Time limits: short for light offenses; longer for graver injuries; civil tort actions commonly 4 years.
Pre-conditions: Barangay conciliation in many minor cases; prosecutor for criminal cases.
Special overlays: VAWC, child protection, employer liability, insurance, workplace/medical contexts.

If you want, I can turn this into a fill-in-the-blanks complaint-affidavit, civil complaint, or a one-page checklist you can print and bring to the prosecutor or mediation.