In the Philippines, a single punch can lead to a web of legal complications that span both criminal prosecution and civil liability. Whether the altercation was a "fair fight" or a sudden assault, the Revised Penal Code (RPC) and the New Civil Code provide the framework for the consequences that follow.
I. Criminal Liability: The Revised Penal Code
In Philippine law, physical violence is categorized under Crimes Against Persons. The specific charge depends entirely on the gravity of the injury and the period of medical healing.
1. Physical Injuries
The Revised Penal Code classifies physical injuries into three main categories:
Slight Physical Injuries (Art. 266):
This applies if the injury requires medical attendance for 1 to 9 days, or if the injury does not prevent the victim from working but was inflicted with manifest intent to insult or humiliate.
Penalty: Arresto menor (1 to 30 days imprisonment).
Less Serious Physical Injuries (Art. 265):
This applies if the injuries require medical attendance for 10 to 30 days.
Penalty: Arresto mayor (1 month and 1 day to 6 months).
Serious Physical Injuries (Art. 263):
This is the most severe tier, triggered if the punch results in:
Insanity, imbecility, impotence, or blindness.
Loss of speech, hearing, smell, an eye, a hand, foot, arm, or leg.
Deformity or loss of any other part of the body, or incapacity for the performance of the victim’s habitual work for more than 30 days.
Penalty: Ranges from Prision correccional to Prision mayor, depending on the permanence of the damage.
2. Slander by Deed (Art. 359)
If you punch someone not necessarily to hurt them physically, but to humiliate them in front of others (e.g., a slap or a light punch intended to shame), you could be charged with Slander by Deed. This is a crime against honor.
3. Attempted or Frustrated Homicide
If the blow was delivered with intent to kill (animus furandi), the charge may jump from physical injuries to Attempted or Frustrated Homicide. Prosecutors look at the force used, the weapon (if any), and the part of the body targeted (e.g., a punch to the temple that could realistically cause death).
II. Civil Liability: Damages
Under Philippine law, "every person criminally liable for a felony is also civilly liable." Even if you are acquitted in a criminal case because of "reasonable doubt," you may still be held civilly liable under the New Civil Code.
| Type of Damage | Description |
|---|---|
| Actual/Compensatory | Reimbursement for hospital bills, medicines, and "loss of earning capacity" (wages lost while the victim couldn't work). |
| Moral Damages | For the physical suffering, mental anguish, and fright experienced by the victim. |
| Exemplary Damages | Imposed as a deterrent to the public, usually if the act was committed with "gross negligence" or "malevolence." |
| Attorney's Fees | The cost the victim incurred to hire a lawyer to sue you. |
III. Common Defenses and Mitigating Circumstances
Not every punch leads to a conviction. The law recognizes certain contexts:
- Self-Defense (Art. 11, RPC): To successfully claim self-defense, you must prove:
- Unlawful aggression (the other person started it or posed an imminent threat).
- Reasonable necessity of the means employed (you didn't bring a knife to a fistfight).
- Lack of sufficient provocation on your part.
- Passion and Obfuscation: If the punch was a result of an uncontrollable burst of passion triggered by a wrongful act of the victim, the penalty may be reduced.
- Provocation: If the victim heavily insulted or provoked you immediately before the punch, it may serve as a mitigating circumstance to lower the prison sentence.
IV. The Role of the Barangay
Since most "punching incidents" fall under Slight or Less Serious Physical Injuries, they are subject to Katarungang Pambarangay (Barangay Justice).
- Mandatory Conciliation: You cannot go straight to court. The victim must first file a complaint at the Barangay. A "Certificate to File Action" is only issued if mediation fails.
- Amicable Settlement: Most cases in the Philippines are settled here through a payment of medical expenses and a signed agreement not to hurt each other again.
Note: If the victim is a woman or a child, the punch is no longer just a "physical injury" under the RPC. It falls under R.A. 9262 (Anti-Violence Against Women and Their Children) or R.A. 7610 (Child Abuse Law), both of which carry much heavier penalties and are generally non-bailable depending on the severity.
Would you like me to draft a demand letter for medical expenses or a counter-affidavit for a physical injury claim?