How to File a Complaint for Physical Injuries

Quick answer

To file a complaint for physical injuries in the Philippines:

  1. Get medical treatment and documentation immediately.
  2. Report the incident to the police and obtain the blotter or incident-report details.
  3. Determine whether barangay conciliation is legally required.
  4. Prepare a sworn complaint-affidavit with witness affidavits and supporting evidence.
  5. File it with the city or provincial prosecutor’s office that has territorial jurisdiction over the place of the assault.
  6. Keep proof of filing and comply promptly with subpoenas, hearings, and requests for additional evidence.

A police blotter records the incident but does not, by itself, complete the filing of a criminal complaint. The prosecutor—not the victim—will determine the proper offense from the facts and evidence.

If anyone remains in danger or needs urgent medical or police assistance, call the nationwide Unified 911 Emergency Hotline.

First, attend to safety and medical care

Go to an emergency room, government hospital, rural health unit, or other appropriate medical facility as soon as possible. Do not delay necessary treatment just to report first to the police.

Tell the healthcare provider truthfully:

  • When and where the assault happened
  • What struck or injured you
  • Which parts of your body hurt
  • Whether you lost consciousness, vomited, became dizzy, had difficulty breathing, or experienced weakness, numbness, blurred vision, or hearing problems
  • Whether you cannot work or perform your usual activities

Ask for copies of the medical certificate, clinical abstract, diagnostic results, prescriptions, treatment plan, and hospital records. If available, request a medico-legal examination. Follow-up consultations matter because some injuries, including fractures and internal injuries, may become clear only later.

The absence of a medical certificate does not automatically prevent a complaint, but medical evidence is especially important in determining the nature and duration of the injury. The Supreme Court has explained that when the prosecution cannot prove the period of incapacity or required medical attendance, the offense may be treated only as slight physical injuries. See Dela Cruz v. People.

What kind of physical-injuries case may apply?

Articles 263 to 266 of the Revised Penal Code classify intentional physical injuries mainly by their actual consequences—not simply by the weapon used, the victim’s initial pain, or the label written on a blotter.

Possible classification General legal basis
Serious physical injuries Certain permanent or grave consequences, such as blindness, insanity, impotence, loss or loss of use of a sense, limb, organ, or body part; deformity; incapacity for habitual work; or illness or incapacity for labor lasting more than 30 days
Less serious physical injuries Injuries not covered as serious but causing incapacity for labor for at least 10 days, or requiring medical assistance for the same period
Slight physical injuries Injuries causing incapacity or requiring medical attendance for one to nine days; injuries that do not prevent habitual work or require medical attendance; or ill-treatment by deed without injury

The complete statutory categories and penalties appear in the Revised Penal Code, with the fines under Articles 265 and 266 adjusted by Republic Act No. 10951.

These categories are only a starting point. A different or additional offense may apply when:

  • The evidence shows intent to kill, which may support attempted or frustrated homicide or murder.
  • The injury was caused by reckless imprudence rather than intentionally.
  • The violence occurred during robbery, sexual violence, hazing, torture, child abuse, or another offense.
  • The victim was a person in authority or a qualifying relative.
  • Several people acted together.
  • A weapon, treachery, evident premeditation, abuse of superior strength, or another legally relevant circumstance was present.

State the facts accurately in the complaint. Do not choose a lesser charge merely because it seems easier, and do not exaggerate the injury to obtain a more serious charge.

Is barangay conciliation required first?

Sometimes—but not in every physical-injuries case.

Under Sections 408 to 412 of the Local Government Code, barangay conciliation is generally a precondition when the parties actually reside in the same city or municipality and the dispute falls within the authority of the Lupong Tagapamayapa.

If both parties reside in the same barangay, the complaint ordinarily goes to that barangay. If they reside in different barangays within the same city or municipality, it generally goes to the barangay where the respondent resides. Special venue rules apply to disputes arising at a common workplace or school.

Barangay conciliation does not cover, among other matters:

  • Offenses punishable by imprisonment exceeding one year or a fine exceeding ₱5,000
  • Disputes involving parties who reside in different cities or municipalities, subject to the exception for adjoining localities whose parties agree to barangay proceedings
  • Cases involving the government
  • Disputes involving a public officer’s performance of official duties
  • Offenses without a private offended party

The parties may also proceed directly in the situations listed in Section 412, including when the accused is detained or when the action may otherwise prescribe.

Because Republic Act No. 10951 increased some fines without changing the ₱5,000 barangay threshold, the applicability of barangay conciliation can depend on the exact statutory variant of the offense. Ask the prosecutor’s intake officer or a lawyer before assuming that barangay proceedings are either required or unnecessary.

When conciliation is mandatory and no settlement is reached, secure the proper Certificate to File Action. Filing the barangay complaint interrupts prescription, but the interruption cannot exceed 60 days. The governing provisions are in the Local Government Code, Sections 408–412.

Important exception for violence against women and children

If a woman or her child was harmed by her husband, former husband, a person with whom she has or had a sexual or dating relationship, or a person with whom she has a common child, Republic Act No. 9262 may apply.

The victim may seek a criminal case and a protection order. Available orders include:

  • A Barangay Protection Order, generally effective for 15 days
  • A court-issued Temporary Protection Order, generally effective for 30 days
  • A Permanent Protection Order, effective until revoked by the court

Ordinary Katarungang Pambarangay compromise procedures do not apply when relief is sought under Republic Act No. 9262, and officials must not pressure an applicant to abandon protection. Go to the nearest PNP Women and Children Protection Desk, Barangay VAW Desk, prosecutor’s office, or court. See the Anti-Violence Against Women and Their Children Act and the Philippine Commission on Women’s official FAQ.

For a child victim, report the incident to the PNP Women and Children Protection Desk and the local social welfare and development office. Not every injury to a child automatically satisfies every element of child abuse under Republic Act No. 7610; the prosecutor must assess the conduct, circumstances, and evidence.

Step-by-step filing procedure

1. Report the incident

Go to the police station responsible for the place where the incident occurred. Give a clear and complete account and request the blotter entry or reference number. Review your statement before signing it and correct any material error.

If the suspect was lawfully arrested during or immediately after the incident, the case may proceed through inquest. Cooperate with the police and inquest prosecutor and provide your medical records, sworn statement, and other evidence promptly.

2. Preserve the evidence

Collect and protect:

  • Medical and medico-legal records
  • Photographs of injuries taken at different stages of healing
  • Diagnostic images and laboratory results
  • Damaged, torn, or bloodstained clothing
  • CCTV or dashcam recordings
  • Original messages, emails, call logs, and lawful audio or video evidence
  • Witness names, addresses, and contact details
  • Police and barangay records
  • Receipts for medicines, consultations, transportation, and treatment
  • Proof of lost income, such as payslips, schedules, an employer certification, or business records
  • A written chronology prepared while events are still fresh

Keep original digital files and make backups. Do not rely only on cropped screenshots. Ask establishments promptly, in writing if possible, to preserve relevant CCTV footage. Do not secretly record private communications in circumstances prohibited by the Anti-Wiretapping Act.

3. Prepare the complaint-affidavit

The complaint-affidavit should give a chronological, firsthand account. Include:

  • Your full name, address, and contact information
  • The respondent’s full name and address, if known
  • The exact date, approximate time, and place of the incident
  • What happened immediately before, during, and after the assault
  • The specific act committed by each respondent
  • Words showing motive or intent, if you personally heard them
  • The injuries sustained
  • Dates of examination and treatment
  • The actual or medically documented period of incapacity or treatment
  • Witnesses and what each personally observed
  • A numbered list of attachments
  • A request that the respondent be prosecuted for the offense supported by the evidence

Separate what you personally saw or heard from what another person told you. Do not sign until you are before the official who will administer the oath, unless the intake office instructs otherwise.

Witnesses should execute separate affidavits based on personal knowledge. If a witness saw only part of the incident, the affidavit should say exactly that.

4. File in the proper place

The usual filing office is:

  • The Office of the City Prosecutor for an offense committed in a city
  • The Office of the Provincial Prosecutor or appropriate prosecution office for an offense committed in a municipality

Territorial jurisdiction generally follows the place where the offense or an essential ingredient occurred.

Under Rule 110, offenses requiring preliminary investigation are commenced by filing the complaint with the proper investigating officer. For other offenses, the Rules also recognize direct filing in the appropriate first-level court or filing with the prosecutor, but in Manila and other chartered cities the complaint must generally be filed with the prosecutor. The prosecutor’s office is the practical starting point when the correct classification is uncertain. See Rules 110–112 of the Rules of Criminal Procedure.

Bring a government-issued ID, the original and required copies of every affidavit, and all attachments. The DOJ’s online filing checklist lists five copies of the complaint-affidavit plus one for each respondent, with corresponding copies of witness affidavits. Confirm the current local requirements before filing because office intake procedures may differ.

Pay only official fees and obtain a receipt. The DOJ’s published fee schedule states that indigent litigants are exempt from National Prosecution Service legal fees.

5. Obtain proof of filing

Before leaving, obtain or record:

  • The docket or NPS number
  • Date and time received
  • Name of the receiving office
  • A stamped receiving copy
  • Instructions for follow-up
  • Any missing-document deadline

Never surrender your only copy of irreplaceable evidence without retaining a duplicate and documenting what was submitted.

What happens at the prosecutor’s office?

Under the DOJ’s 2024 investigation rules, the procedure depends principally on the prescribed penalty:

  • Summary investigation: generally for offenses punishable by one day to one year of imprisonment, a fine regardless of amount, or both.
  • Expedited preliminary investigation: generally for offenses punishable by one year and one day to six years and falling within first-level-court jurisdiction.
  • Regular preliminary investigation: generally for offenses punishable by at least six years and one day, without regard to the fine.

Different physical-injuries variants may therefore follow different procedures. The applicable issuances are DOJ Department Circular No. 015 on regular preliminary investigations and inquests and Department Circular No. 028 on summary and expedited investigations, available through the DOJ’s official issuances page. The Supreme Court has recognized the DOJ’s authority to issue these rules in A.M. No. 24-02-09-SC.

Depending on the procedure, the respondent may be directed to submit a counter-affidavit and evidence. The prosecutor may also require clarification or additional records. The prosecutor then resolves whether the evidence meets the DOJ standard for filing the proper information in court.

Filing a complaint does not guarantee an arrest, trial, or conviction. If an information is filed, the court independently evaluates probable cause for a warrant or summons. Guilt must ultimately be proved beyond reasonable doubt.

Do not miss the prescriptive period

Prescription can permanently bar prosecution, so file promptly even when injuries initially appear minor.

Under Articles 90 and 91 of the Revised Penal Code:

  • Slight physical injuries generally prescribe in two months.
  • Basic less serious physical injuries, punishable by arresto mayor, generally prescribe in five years.
  • Serious or qualified physical injuries may prescribe in 10, 15, or another applicable number of years, depending on the prescribed penalty.

Special-law offenses have their own periods.

In 2025, the Supreme Court ruled prospectively that filing the criminal complaint with the prosecution office tolls prescription even for offenses covered by the Rules on Expedited Procedures. It abandoned the contrary approach for such cases. See People v. Consebido, G.R. No. 258563, April 2, 2025.

Do not rely on the maximum period without legal advice. Questions about discovery, barangay interruption, stoppage of proceedings, the date the new rule applies, or the correct offense can change the computation.

Claiming medical expenses and other damages

When a criminal action is filed, the civil action arising from the offense is generally deemed included unless the offended party waives it, reserves the right to file separately, or previously filed a separate civil action.

Preserve proof of:

  • Hospital and professional fees
  • Medicines and rehabilitation
  • Transportation connected with treatment
  • Lost wages or business income
  • Future treatment recommended by a qualified professional
  • Damaged property
  • Other legally recoverable harm

The governing rule is Rule 111 of the Rules of Criminal Procedure. Ask a lawyer before waiving or reserving the civil claim, because the timing and consequences matter.

Common mistakes to avoid

  • Waiting for injuries to heal before documenting them
  • Assuming a police blotter is already a filed criminal case
  • Going through barangay conciliation when an exception applies—or skipping it when it is mandatory
  • Giving inconsistent dates or exaggerating the number of treatment or incapacity days
  • Naming people based only on suspicion or hearsay
  • Failing to describe what each respondent actually did
  • Submitting screenshots without preserving the original conversation or device
  • Ignoring subpoenas or failing to update contact information
  • Posting accusations and evidence publicly, creating privacy, safety, or defamation risks
  • Signing an affidavit of desistance, quitclaim, settlement, or waiver without understanding its effect
  • Accepting reimbursement while signing language that releases all claims
  • Missing a short prescription or review deadline

When legal help is urgent

Seek a lawyer immediately if:

  • The injuries are life-threatening, permanent, or worsening
  • There was a weapon, strangulation, poisoning, sexual violence, or an apparent intent to kill
  • The suspect is a partner, family member, police officer, employer, teacher, or person exercising authority over the victim
  • The victim is a child, older person, person with disability, or person in custody
  • Several assailants were involved
  • The respondent threatens retaliation or pressures witnesses
  • The prosecutor dismisses the complaint
  • A settlement, desistance, or waiver is being proposed
  • The prescriptive deadline may be near
  • There are possible countercharges

A petition for review of a prosecutor’s resolution under DOJ Department Circular No. 70 is generally due within 15 days from receipt of the resolution, or from receipt of the denial of a timely motion for reconsideration. Only one motion for reconsideration is generally allowed. Act immediately because the proper reviewing authority and documentary requirements depend on the case.

Qualified indigent persons may seek assistance from the Public Attorney’s Office. Other possible sources include the Supreme Court’s Unified Legal Aid Service and the Integrated Bar of the Philippines National Center for Legal Aid.

Frequently asked questions

Can I file even if I did not report immediately?

Yes, provided the offense has not prescribed. Explain the delay truthfully and preserve whatever evidence remains. Delay can affect evidence and credibility, so act as soon as possible.

Can I file without a police blotter?

Generally, yes. A sworn complaint and supporting evidence may be filed with the proper prosecutor’s office. A police record is useful but is not a substitute for the complaint-affidavit.

Can I file without a medical certificate?

You may report and initiate a complaint, but obtain medical documentation as soon as possible. Without evidence of the injury and the period of incapacity or medical attendance, proving the correct classification may be difficult.

Do I need to know the exact criminal charge?

No. Describe the facts completely and attach the evidence. The prosecutor determines the legally supported offense.

Do I need a lawyer to file?

A lawyer is not ordinarily required to make a police report or submit a complaint-affidavit. Legal help is advisable when the facts are disputed, the injuries are serious, a special law may apply, or prescription is close.

What if I do not know the assailant’s full name?

Report immediately and provide every lawful identifying detail: appearance, nickname, vehicle, account name, location, companions, CCTV leads, and witness information. Police investigation may be necessary before the person can be properly charged and served.

Can the victim withdraw the complaint?

A crime is prosecuted in the name of the People of the Philippines. An affidavit of desistance does not automatically require dismissal, although it may affect the available evidence. A valid barangay settlement may have separate legal consequences when the dispute is within barangay authority. Obtain advice before signing anything.

Can both sides file complaints?

Yes. If each side alleges an unlawful assault, each complaint is evaluated on its own evidence. Disclose the entire incident, including any force you used and why. Do not conceal facts relevant to self-defense, defense of another, or a possible countercharge.

How long will the case take?

There is no reliable universal period. The applicable investigation track, number of respondents, completeness of evidence, service of subpoenas, motions, court docket, and later trial proceedings all affect timing. Keep the docket number and follow up through the official office handling the case.

Official references

This article provides general Philippine legal information, not advice for a particular case. The proper offense, venue, procedure, defenses, and deadlines depend on the complete facts and documents. Official sources were last checked on August 6, 2026.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.