In a moment of heated anger, a single punch can change lives—not just for the victim, but for the person who threw it. Under Philippine law, "settling things with your fists" is not just a personal dispute; it is a criminal act that triggers a two-pronged legal nightmare: Criminal Prosecution and Civil Liability.
Here is a comprehensive breakdown of the legal landscape surrounding physical assault in the Philippines.
1. Criminal Charges: The Revised Penal Code (RPC)
Physical violence is primarily governed by the Revised Penal Code. The specific charge depends entirely on the severity of the injury and the healing period required.
A. Slight Physical Injuries (Article 266)
This is the most common charge for a punch that causes minor bruising or swelling.
- Criteria: The injury requires medical attendance or incapacitates the victim for 1 to 9 days.
- Penalty: Arresto menor (1 to 30 days imprisonment).
B. Less Serious Physical Injuries (Article 265)
If the punch causes more significant damage, the charge is upgraded.
- Criteria: The injury requires medical attendance or incapacitates the victim for 10 to 30 days.
- Penalty: Arresto mayor (1 month and 1 day to 6 months imprisonment).
C. Serious Physical Injuries (Article 263)
If the punch results in permanent damage or long-term recovery.
- Criteria: The victim becomes ill or incapacitated for more than 30 days, or suffers the loss of a limb, sight, hearing, or permanent deformity (e.g., a broken nose that heals crookedly).
- Penalty: Ranges from Prision correccional to Prision mayor (6 months to 12 years), depending on the specific injury.
D. Slander by Deed (Article 359)
If you punch someone not necessarily to hurt them, but to humiliate them in public, you could be charged with Slander by Deed. This is "acting out" a defamation.
2. Aggravating Factors and Special Laws
The context of the punch can drastically increase the penalties:
- Violence Against Women and Children (RA 9262): If the victim is a wife, former wife, or a woman with whom the offender has/had a dating relationship, the charge falls under RA 9262. Penalties are significantly harsher and often include mandatory protection orders.
- Direct Assault (Article 148): If you punch a "Person in Authority" (e.g., a teacher, a lawyer, or a barangay captain) while they are performing their duties, you face much higher prison terms regardless of whether they were injured.
- Child Abuse (RA 7610): Punching a minor (under 18) triggers the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
3. Civil Damages: The Monetary Cost
In the Philippines, when a criminal case is filed, the civil case for damages is generally deemed "impliedly instituted." This means you aren't just fighting to stay out of jail; you are fighting to keep your savings.
| Type of Damage | Description |
|---|---|
| Actual/Compensatory | Reimbursement for hospital bills, medicines, and "loss of earning capacity" (the salary the victim lost while recovering). |
| Moral Damages | Compensation for physical suffering, mental anguish, fright, and anxiety. |
| Exemplary Damages | Imposed by the court as a "warning" or deterrent to prevent others from acting in a similarly outrageous manner. |
| Attorney’s Fees | You may be ordered to pay for the victim's lawyer. |
4. The Defense: "He Hit Me First"
The most common defense is Self-Defense (Article 11, RPC). However, to successfully claim this and avoid liability, you must prove three things:
- Unlawful Aggression: The other person must have attacked you first or shown an imminent threat of real physical harm.
- Reasonable Necessity of the Means Employed: If they slapped you, you cannot legally respond by hitting them with a lead pipe. The response must be proportionate.
- Lack of Sufficient Provocation: You cannot claim self-defense if you were the one who provoked the fight in the first place.
5. The Role of the Barangay
For "Slight Physical Injuries" where the parties live in the same city or municipality, the law requires Barangay Conciliation before a case can be filed in court. The Lupong Tagapamayapa will attempt to settle the dispute. If no settlement is reached, a "Certificate to File Action" is issued, allowing the victim to proceed to the Prosecutor's Office.
[!IMPORTANT] A "Settlement" at the Barangay level usually involves a signed agreement where the offender pays for medical bills in exchange for the victim dropping the charges. This is legally binding.
Summary of Risks
Punching someone in the Philippines is a "high-risk, zero-reward" action. Beyond the immediate risk of a counter-attack, you face a permanent criminal record, potential imprisonment, and financial ruin through civil damages.
Would you like me to draft a sample "Demand Letter" for medical expenses or explain the step-by-step process of filing a complaint at the Prosecutor's Office?