Slight Physical Injuries in the Philippines: Evidence, Penalties, and How to File a Complaint

This guide explains how “slight physical injuries” are treated under Philippine law—what it covers, what evidence you need, the penalties involved, and the step-by-step process for bringing a case. It’s written for victims, accused persons, and practitioners who want a clear, practical reference.

1) What counts as “slight physical injuries”?

Legal anchor: Article 266 of the Revised Penal Code (RPC), as amended.

Slight physical injuries (SPI) generally covers minor harm to another person where:

The victim is incapacitated for labor for 1 to 9 days, or requires medical attendance for the same period; or
The victim is “ill-treated by deed” (e.g., slapped, poked, hair-pulled) without resulting incapacity or medical treatment.

If the harm causes 10 to 30 days of incapacity or medical attendance, it is usually less serious physical injuries (a different offense). If more than 30 days, or if a limb, sense, or vital organ is affected, that generally falls under serious physical injuries (also different).

Key elements the prosecution must show:

The accused inflicted physical harm or ill-treated the victim;
The degree/duration of harm fits Article 266’s thresholds (1–9 days, or no medical treatment but ill-treated by deed);
Intent to inflict the act (general intent suffices; specific intent to injure is not required);
Identity of the accused and jurisdiction/venue.

2) Typical evidence (what actually convinces prosecutors and courts)

A. Medico-legal and medical records

Medico-Legal Certificate or Medical Certificate stating the nature of injuries and estimated days of incapacity/medical attendance (crucial to classifying the offense).
ER notes, prescriptions, diagnostic tests, photos of injuries dated close to the incident.

B. Scene and victim documentation

Photographs and videos (time-stamped if possible).
CCTV or dashcam footage; copies plus certification from the custodian.

C. Testimonial evidence

Sworn statements (affidavits) of the victim and eyewitnesses.
If no independent eyewitness, detailed victim testimony can suffice when credible and corroborated by medical evidence.

D. Official records

Barangay blotter entry; police blotter (PNP) entry.
Incident reports (e.g., security, establishment logs).

E. Digital & physical corroboration

Text messages, chat logs, social media posts relating to the incident (export with timestamps; avoid altering metadata).
Physical objects used (if any): clothing with bloodstains, broken items, etc., properly labeled and preserved.

Practical tips

Seek medical examination as soon as practicable; delays invite doubt about causation.
Keep receipts of all expenses (medical bills, transport, lost wages) for civil damages.
Preserve original files; share copies. Document a basic chain of custody for videos/objects.

3) Penalties and related consequences

Core penalties under Article 266 (as amended):

If incapacitated for labor for 1–9 days or requires medical attendance for 1–9 days: → Arresto menor (1 to 30 days of imprisonment).
If not incapacitated and no medical attendance required but ill-treated by deed: → Arresto menor or fine (amounts updated by R.A. 10951). (Practice note: prosecutors and courts often impose either short arresto menor or a monetary fine for first-time offenders in simple cases.)

Graduation within arresto menor:

Minimum (1–10 days), Medium (11–20 days), Maximum (21–30 days), depending on mitigating/aggravating circumstances.

Subsidiary imprisonment:

May apply if a fine is imposed but not paid, subject to statutory limits.

Civil liability (always consider alongside criminal):

Actual damages (medical, transport, lost income);
Moral damages (for mental anguish, humiliation);
Exemplary damages (to deter egregious conduct);
Attorney’s fees and costs, in the court’s discretion.

Aggravating/mitigating circumstances (can increase/decrease penalty within the range):

Use of weapons, cruelty, nighttime, abuse of superior strength; intoxication (if not accidental);
Mitigating: voluntary surrender, plea of guilt, lack of intent to commit so grave a wrong, provocation, minority, etc.

4) When a different law may apply instead

R.A. 9262 (VAWC): Acts of violence against women and their children by an intimate partner or former partner—often separately prosecutable with heavier penalties and specific protective measures (POs).
R.A. 7610: Child abuse; if the victim is a child and the act constitutes abuse/exploitation, charges typically proceed under R.A. 7610 rather than the RPC.
Workplace/school settings: Separate administrative remedies may run alongside criminal processes.

5) Do you need barangay conciliation first?

Katarungang Pambarangay (KP) generally requires prior barangay conciliation for disputes and minor offenses if:

Parties reside in the same city/municipality (or in the same barangay or in adjacent barangays under certain rules); and
The offense falls within KP coverage (SPI commonly does).

Common exceptions (no need for conciliation):

One party is the government or a public officer acting in an official capacity;
Parties reside in different cities/municipalities (with limited exceptions);
Serious offenses (beyond KP’s penalty thresholds) or offenses not subject to compromise;
Cases demanding urgent legal action (e.g., application for a protection order, inquest situations);
The accused is a detained person.

Effect of settlement at the barangay:

A valid amicable settlement or pangkat arbitration award has the effect of a final judgment after the period for repudiation lapses and is judicially enforceable.
In practice, an effective settlement usually halts the criminal complaint for SPI, though prosecutors/courts retain public-interest oversight.

6) Prescription (deadlines)

Criminal action for SPI (a light offense) prescribes in two (2) months under the RPC.
Filing a complaint with the prosecutor, or a valid barangay complaint within KP jurisdiction, typically interrupts prescription.
Once a case is filed in court, prosecution proceeds subject to the court’s calendar and rules.

Practice pointer: Move quickly. If you plan to start at the barangay, file the blotter/complaint early and keep a copy of the Certificate to File Action if conciliation fails—these dates matter for prescription.

7) How to file a complaint (step by step)

Path A — With Barangay Conciliation (the usual route)

Get safe and seek care. Prioritize medical treatment; obtain a medical/medico-legal certificate.
Document and blotter. Take photos/videos; secure CCTV. Blotter at the barangay (and, if appropriate, PNP).
File a KP complaint. Go to the Lupon of your barangay; submit a short written complaint describing who, when, where, how, and the harm suffered; attach initial evidence.
Conciliation conferences. Attend mediations/meetings. You may bring counsel (some barangays allow representation). If you reach a settlement, ensure it’s written and signed.
If no settlement: The Lupon/Pangkat issues a Certificate to File Action (CFA). Keep the original.
Prepare your prosecutor complaint. With the CFA, submit to the Office of the City/Provincial Prosecutor:
- Sworn Complaint-Affidavit (narrative of facts);
- Annexes: medical certificate, photos, receipts, CCTV, blotters, IDs, witness affidavits, and the CFA.
Preliminary investigation. The prosecutor issues subpoena; the respondent files a Counter-Affidavit; parties may submit Reply/Rejoinder; clarificatory hearings may be held.
Resolution & Information. If probable cause is found, the prosecutor files an Information for SPI in the Metropolitan/Municipal Trial Court (MeTC/MTC).
Court proceedings.
- Arraignment, Pre-trial, then Trial (testimonies, cross-examination, exhibits).
- Judgment; if convicted, the court imposes penalties and civil damages.
- Appeal: MTC/MeTC decisions may be appealed to the RTC following the Rules of Criminal Procedure.

Path B — Direct to Prosecutor (when an exception applies)

If an exception to KP fits (e.g., parties live in different cities/municipalities, urgent relief, or other statutory exemptions), proceed directly to the Prosecutor’s Office with the Sworn Complaint-Affidavit and evidence. If the respondent was arrested in flagrante, the case might undergo inquest (fast-track prosecutor review), otherwise regular preliminary investigation.

8) Defenses and how they’re evaluated

Self-defense/Defense of relatives/strangers (justifying circumstances): Requires unlawful aggression by the victim, reasonable necessity of means employed, and lack of sufficient provocation by the defender.
Accident (no fault/negligence).
Lack of intent may mitigate but does not automatically exculpate if the act and injury are proven.
Inconsistencies in the complainant’s story; no medical evidence matching the claim; or credibility issues.
Alibi is weak unless it shows physical impossibility to be at the scene.

9) Practical strategy notes (for complainants)

Don’t over-claim incapacity. Courts often check whether you actually missed work or needed treatment.
Follow up on CCTV early; many systems overwrite in days.
Keep copies of everything and maintain a simple evidence index (dates, descriptions).
Consider interim protection if there’s harassment or intimidation (e.g., barangay protection measures; if applicable, explore VAWC protection orders).

10) Practical strategy notes (for respondents)

Consult counsel early. Avoid reactive statements.
If KP applies, attend and explore settlement in good faith (an early resolution can minimize exposure to criminal penalties and civil damages).
Preserve your own evidence (CCTV showing provocation, chats, witness lists).
Where appropriate, raise self-defense or mutual affray theories if supported by facts.

11) Frequently asked quick answers

Is SPI bailable? Yes; it’s a light offense.
Can the case be settled? Often yes at the barangay; in court, prosecution may continue despite “desistance,” but for SPI, genuine settlements carry significant weight.
Where do I file? Barangay (if KP applies), then City/Provincial Prosecutor, then the MTC/MeTC.
How long do I have? As a light offense, 2 months to initiate (subject to interruption rules). Move promptly.
Do I need a lawyer? Recommended, though barangay proceedings can proceed without one.

12) Checklist (copy-paste for your case file)

Evidence pack

Medical/Medico-Legal Certificate (with days of incapacity/attendance)
Photos/videos of injuries (with dates)
CCTV/dashcam (with custodian details)
Barangay and/or PNP blotter copies
Receipts (medical, transport, meds)
Sworn statements (victim, witnesses)
IDs of parties; map/location if helpful

Filing sequence

Barangay complaint (if KP applies)
Attend mediation; if failed, secure Certificate to File Action
Draft Sworn Complaint-Affidavit + attach all annexes
File with Prosecutor’s Office
Monitor for subpoena and schedule
Keep track of prescription dates

Final reminders

Classification turns on medical proof. Get examined promptly and keep the records.
KP first is the default for SPI; know the exceptions.
Damages can exceed any fine; keep every receipt.
If the facts suggest VAWC or child abuse, consider those special laws instead—penalties and remedies differ and are often stronger.

This article is an educational overview. For case-specific advice, consult counsel who can evaluate your facts, the medical findings, and your local practice and timelines.