Slight Physical Injuries in the Philippines: A Complete Guide to Filing and Prosecuting a Complaint
Disclaimer: This article is for information only and is not a substitute for individualized advice from a Philippine lawyer.
1. Statutory Framework
| Law / Rule | Relevant Provision | Key Point |
|---|---|---|
| Revised Penal Code (RPC), Art. 266(1) | Defines slight physical injuries—i.e., wounds or injuries that (a) disable the offended party for 1–9 days or require medical attendance for the same period, or (b) leave no trace/incapacity at all | Qualifies the offense as light |
| RPC, Art. 266(2) | Maltreatment variant (no incapacity but inflicted with cruelty or humiliation) | Still treated as slight |
| RPC, Art. 26 (re: penalties) & R.A. 10951 (2017) | Updates fines to ≤ ₱40,000; arresto menor remains 1–30 days jail | Penalty drives court jurisdiction & prescription |
| RPC, Arts. 90–91 | Offenses punishable by arresto menor prescribe in 2 months from the date of commission (interrupted by filing of complaint) | Act fast—60-day countdown matters |
| Rules of Criminal Procedure | Rule 110 (Complaint/Information); Rule 112 (Pre-Investigation & Inquest); Rule on Summary Procedure (for light offenses) | Governs the mechanics of filing and trial |
| Local Government Code, RA 7160, ch. VII | Katarungang Pambarangay (KP) system—mandatory conciliation at barangay level when parties reside in the same barangay or adjoining barangays | A prerequisite for most slight-injury complaints |
| DOJ Bail Guidelines | Bail for light offenses: usually recognizance or minimal cash bail | Important for respondent’s immediate liberty |
2. Elements of the Offense
- Offender inflicts physical harm (wound, contusion, blow, etc.)
- Injury results in a. Incapacity to work or need for medical attendance for ≤ 9 days, or b. No incapacity/medical attendance at all.
- No qualifying circumstances that would elevate the crime to less serious (10–30 days incapacity) or serious physical injuries (Art. 263).
3. Penalty & Civil Liability
| Scenario | Criminal Penalty | Civil Damages (Art. 100, RPC; Art. 2176 & 2200 Civil Code) |
|---|---|---|
| Incapacity/medical attendance 1-9 days | Arresto menor (1–30 days) or fine ≤ ₱40 k | Actual medical bills, lost wages (1-9 days), moral damages |
| No incapacity/attendance | Same range—but courts lean toward fine or reprimand | Nominal or moral damages if proven |
| Maltreatment (cruelty/humiliation) | Same as above, but judges often impose higher fine/upper-range jail term | May award temperate or exemplary damages |
Under Art. 29, civil liability survives even if the criminal case is dismissed or extinguished.
4. Step-by-Step Complaint Procedure
4.1 Immediate Actions (Day 0–1)
- Seek medical treatment; request a Medico-Legal Certificate from the hospital or PNP Crime Lab.
- Blotter the incident at the nearest PNP station (optional but strategic—police will issue a blotter extract).
4.2 Barangay (KP) Conciliation (Day 1–15)
| Who Must Go Through KP? | Exemptions (may file directly) |
|---|---|
| Parties who both reside in the same barangay or in adjoining barangays | – Offenses not between barangay residents – Where one party is a public officer performing official duties – Violence Against Women & Children (RA 9262), Child Abuse (RA 7610) – Serious offenses (not light) – Imminent danger of irreparable harm |
Process:
- File KP Complaint (simple form) with the Lupon Tagapamayapa.
- Mediation by the Barangay Chair within 15 days.
- If unresolved, creation of Pangkat ng Tagapagkasundo for arbitration/mediation within another 15 days.
- If still unsettled, the Lupon issues a Certificate to File Action (CFA)—valid for 60 days.
Many slight-injury disputes settle here (amicable settlement is enforceable as a compromise and, once approved, has the effect of a final judgment).
4.3 Filing the Criminal Complaint
A. Through the Office of the City/Provincial Prosecutor (OCP/OPP) Recommended when any exemption applies or KP failed.
- Prepare a Sworn Complaint-Affidavit describing: • Facts (who-what-when-where-how) • Identification of respondent • Specific injuries (attach Medico-Legal Certificate) • Attach CFA if KP applicable
- Submit to OCP with supporting evidence & IDs.
- Prosecutor conducts inquest (if respondent arrested within 36 hrs) or regular preliminary investigation (respondent given 10 days to counter-affidavit).
- Resolution & Information: If probable cause exists, an Information for slight physical injuries is filed in the Municipal/Metropolitan Trial Court (MTC/MeTC).
B. Direct Filing with the MTC under the Rule on Summary Procedure
• Allowed because the offense is light.
• Complainant fills out a Complaint-Information using the court’s form, attaches Medico-Legal & CFA (if required).
• Clerk forwards to judge for personal evaluation and possible issuance of summons rather than warrant (arrest warrant only if respondent fails to appear or judge sees need).
4.4 Court Proceedings
| Phase | Timeline & Notables |
|---|---|
| Arraignment & Pre-trial | Within 30 days of court’s receipt of the Information (Sec. 8, Summary Procedure). Accused may plea bargaining for a fine. |
| Trial | Sworn statements often accepted in lieu of live testimony, but cross-examination can be demanded. Usually resolved in ≤ 90 days. |
| Judgment | Court may impose fine, arresto menor, or both. Probation is unavailable (only for ≥ imprisonment exceeding 1 month). |
| Execution of Civil Damages | Civil award becomes part of the judgment; collectible via writ of execution if unpaid. |
4.5 Appeal & Post-Judgment
Appeals from MTC go to the Regional Trial Court (RTC) within 15 days (Rule 40). Prescription suspends once complaint is filed; if dismissed without trial on the merits, prescription clock resumes.
5. Prescription & Time Bars
| Action | Limit |
|---|---|
| Criminal action | 2 months from date of infliction (Art. 90) |
| Civil action for damages (quasi-delict) | 4 years from date injury is discovered (Art. 1146, Civil Code) |
| Execution of barangay settlement | 6 months to repudiate; otherwise final & executory (KP Rules) |
6. Common Defenses
- Self-defense / defense of relative or stranger (Art. 11).
- Accident without fault or intent (Art. 12-4).
- Lack of intent to injure may mitigate (Art. 13-3).
- Prescription—filed beyond 2-month period.
- Compromise—valid KP settlement bars further criminal action (unless breached).
7. Frequently Asked Practical Questions
| Question | Short Answer |
|---|---|
| Can I withdraw my complaint after filing? | Yes, by executing an Affidavit of Desistance, but the prosecutor/judge may still pursue if public interest so demands. |
| Is medical certification mandatory? | Strongly advisable; without it, the prosecution may fail to establish the degree of injury. |
| What if injuries heal in 2 days—does the case disappear? | No; classification is based on original incapacity or need for medical attendance, not actual healing time. |
| How much is bail? | Usually recognizance or ≤ ₱2,000—set by judge/prosecutor under DOJ bail matrix. |
| Can a settlement erase my criminal record? | Acquittal or dismissal results in no conviction record. A barangay settlement before filing leaves no court record. |
| Is slight physical injury “bailable”? | Yes, and the Constitution guarantees bail for offenses punishable by prision correccional or lower. |
8. Summary Checklist for Complainants
- 👩⚕️ Medical Certificate (Medico-Legal)
- 📝 Police Blotter (optional but helpful)
- 🏘️ KP Complaint (unless exempt) → obtain CFA
- 📑 Sworn Complaint-Affidavit + attachments
- 🏢 File with OCP or 🏛️ MTC (summary procedure)
- ⏳ Beat the 2-month prescription clock
- 💼 Prepare to testify; keep receipts & proofs of lost income for civil damages
Key Takeaways
- “Slight physical injuries” is a light offense: quickly prescribes, handled summarily, and often settles at barangay level.
- Barangay conciliation is usually mandatory; skipping it without a valid exemption can doom the case.
- Act within 60 days and secure solid medical documentation—these two items make or break a complaint.
- Civil compensation (medical bills, lost wages, moral damages) rides on the criminal action but can also be claimed separately.
- Because penalties are mild, prosecutors and courts emphasize conciliation and restitution over incarceration.
For tailored guidance—especially on drafting affidavits, estimating damages, or negotiating settlements—consult a practicing lawyer or the Public Attorney’s Office (PAO) in your locality.