Quick answer

If you were assaulted in the Philippines, obtain medical treatment and a medico-legal certificate as soon as possible, report the incident to the police, preserve all available evidence, and prepare a sworn complaint-affidavit for filing with the proper prosecutor’s office or first-level court. If barangay conciliation legally applies, you generally must complete that process and obtain a Certificate to File Action before filing the criminal complaint.

The correct charge—slight, less serious, or serious physical injuries—depends mainly on the injury’s actual consequences, including the period of illness, need for medical attendance, incapacity for work, permanent disability, loss of bodily function, or deformity. It does not depend merely on how painful or frightening the attack appeared.

Do not delay. Slight physical injuries may prescribe in only two months, subject to legally recognized interruption or suspension of prescription. A police blotter alone should not be assumed to preserve your right to prosecute.

First, attend to safety and medical needs

If the attack is happening, the aggressor remains nearby, or you have serious symptoms, call 911 or seek immediate police and medical assistance. Go directly to an emergency room when there is:

loss of consciousness, confusion, seizure, or persistent vomiting;
difficulty breathing;
heavy bleeding;
suspected fracture or internal injury;
an injury to the head, neck, spine, chest, abdomen, or eye;
numbness, weakness, or loss of movement;
a gunshot, stabbing, strangulation, or choking incident; or
continuing threats or a risk of another attack.

Medical treatment should never be delayed merely to obtain a police report. Tell the doctor truthfully how and when the injury occurred. Ask for copies of the medical certificate, clinical abstract, test results, prescriptions, official receipts, and other records.

Where available, request examination by a government medico-legal officer. A private physician’s records are also relevant, but the investigating authorities may refer you for a formal medico-legal examination.

What offense may have been committed?

Articles 263 to 266 of the Revised Penal Code classify intentional physical injuries according to their consequences.

Possible offense	General legal basis
Slight physical injuries	The injury causes incapacity for work or requires medical attendance for one to nine days; or it causes an injury without preventing habitual work or requiring medical attendance. Ill-treatment by deed without injury may also fall under Article 266.
Less serious physical injuries	The injury is not classified as serious but causes incapacity for labor or requires medical attendance for ten days or more.
Serious physical injuries	The injury causes illness or incapacity for labor for more than 30 days, or produces one of the more serious consequences listed in Article 263, such as deformity, permanent loss or loss of use of a body part or sense, blindness, or incapacity for the victim’s habitual work.
Mutilation	There is intentional deprivation, total or partial, of an organ or another bodily part under Article 262.

The number of healing days written in an initial certificate is important but is not automatically conclusive. The prosecutor and court may consider the injury’s actual nature and duration, the treatment required, specialist findings, subsequent complications, and the victim’s demonstrated incapacity.

“Medical attendance” does not necessarily mean continuous hospitalization. The medical evidence should explain the treatment, follow-up care, and expected recovery period.

The case may involve a different or additional offense

An assault should not automatically be labeled simply as “physical injuries.” Depending on the evidence, it may instead involve:

attempted or frustrated homicide, murder, or parricide, if there was intent to kill and the other legal elements are present;
direct assault, if the victim was a person in authority or an agent of a person in authority performing official duties;
robbery with violence or intimidation;
child abuse under Republic Act No. 7610;
hazing under Republic Act No. 11053;
torture or another offense under a special law;
reckless imprudence resulting in physical injuries, where the harm was caused by negligence rather than a deliberate attack; or
violence against women and their children under Republic Act No. 9262.

Intent to kill is ordinarily inferred from the surrounding facts, such as the weapon used, number and location of wounds, manner of attack, words spoken, conduct before and after the assault, and the reason the victim survived. State the facts accurately rather than choosing the most serious label yourself.

Evidence to collect and preserve

The strongest complaint usually combines medical evidence with proof identifying the attacker and explaining what occurred.

Preserve:

the original medical or medico-legal certificate;
emergency-room records, clinical abstracts, laboratory and imaging results;
photographs and videos of every injury, taken promptly and during healing;
photographs of the scene and any damaged or bloodstained property;
clothing worn during the incident, kept separately and left unwashed when it may contain physical evidence;
the weapon or object used, if safely and lawfully recovered;
CCTV, dashcam, doorbell-camera, or mobile-phone recordings;
names, addresses, and contact details of eyewitnesses;
messages, calls, threats, apologies, or admissions by the assailant;
police blotter entries and incident or investigation reports;
receipts for medicine, hospitalization, therapy, transportation, and other expenses;
proof of lost wages or business income; and
a written chronology prepared while events remain fresh.

Keep the original electronic files. Do not rely only on screenshots or forwarded copies. Preserve metadata when possible, back up the files, and note who obtained each recording and from what device or system.

Ask nearby establishments or property administrators in writing to preserve CCTV immediately. Many systems overwrite recordings after a short retention period.

Step-by-step filing process

1. Obtain medical documentation

Have the injuries examined promptly. Describe all symptoms, including pain or functional limitations that may not be visible. Return for follow-up care when required, especially if the injury worsens or the initial certificate gives only a provisional healing period.

Do not ask a physician to exaggerate the duration of incapacity. The certificate must reflect an independent medical assessment.

2. Report the incident to the police

Report to the police station with territorial responsibility over the place of the assault. Give a complete, truthful account and request a copy or the reference details of the blotter entry.

The police may:

document the incident;
refer you for medico-legal examination;
interview witnesses;
collect or request recordings;
identify and locate the suspect; and
assist in preparing documents for referral to the prosecutor.

A blotter is a record of the report. It is not itself a finding that the accused is guilty, and it should not be treated as a substitute for filing the legally required complaint.

If the suspect has just committed the offense, is committing it, or was lawfully arrested without a warrant immediately afterward, the case may proceed through inquest rather than the ordinary complaint process.

3. Determine whether barangay conciliation is required

Under Sections 408 and 412 of the Local Government Code, prior barangay conciliation is generally a condition before filing a case involving a dispute within the lupon’s authority.

It commonly applies when:

the complainant and respondent are natural persons who actually reside in the same city or municipality;
the offense falls within the lupon’s authority; and
no statutory exception applies.

For residents of the same barangay, file with that barangay. If they reside in different barangays within the same city or municipality, the usual venue is the respondent’s barangay, subject to the specific venue rules in Section 409.

Barangay conciliation generally does not apply when, among other situations:

the parties actually reside in different cities or municipalities, unless they reside in adjoining barangays and agree to submit the dispute;
the offense is punishable by imprisonment exceeding one year or a fine exceeding ₱5,000;
a party is the government;
a party is a public officer or employee and the dispute concerns official functions;
there is no private offended party;
the accused is under detention; or
direct filing is necessary because the action may otherwise be barred by prescription.

Whether conciliation is required depends on the legally possible penalty and the parties’ actual residences—not merely on the title written in the police blotter.

If mediation and conciliation fail, obtain the proper Certificate to File Action. Keep the original and attach it to the complaint when required.

Filing with the punong barangay interrupts the prescriptive period while the dispute is under mediation, conciliation, or arbitration, but the statutory interruption cannot exceed 60 days. The period resumes upon receipt of the applicable certification. This makes immediate action especially important in slight-physical-injury cases.

4. Prepare the complaint-affidavit

A criminal complaint is a sworn written statement charging a person with an offense. The complaint-affidavit should clearly state:

the complainant’s full name, address, and contact details;
the respondent’s full name and address, if known;
the date, approximate time, and exact place of the incident;
what the respondent did, in chronological order;
the weapon, object, or means used;
the words or threats spoken, if relevant;
the injuries and treatment received;
the names and roles of witnesses;
facts showing how the respondent was identified;
prior or subsequent threats, when genuinely relevant;
the documents, photographs, recordings, and objects supporting the complaint; and
the relief requested, including prosecution and recovery of appropriate damages.

Use facts within your personal knowledge. Identify information learned from another person rather than presenting it as something you personally saw. Avoid speculation, exaggeration, insults, and copied legal conclusions.

Witnesses should ordinarily execute their own affidavits. Attach a properly organized set of supporting documents and label each attachment consistently.

5. File with the proper office

Under Rules 110 and 112 of the Revised Rules of Criminal Procedure:

offenses requiring preliminary investigation are initiated by filing the complaint with the proper officer authorized to conduct it, ordinarily the Office of the City or Provincial Prosecutor; and
other offenses may be commenced through the prosecutor’s office or, where the rules permit, directly before the proper first-level court. In Manila and other chartered cities, filing is generally with the prosecutor unless the city charter provides otherwise.

A preliminary investigation is required when the prescribed penalty is at least four years, two months and one day, without regard to the fine. Less serious cases may undergo a different prosecutorial or court process.

In practice, filing through the prosecutor’s office is often the clearest route, but local intake requirements may differ. Before filing, obtain the office’s current checklist for copies, identification, documentary attachments, and electronic or physical submission.

File in the locality where the offense was committed or where an essential ingredient occurred. If jurisdiction or venue is uncertain, obtain legal advice before prescription becomes an issue.

Ask for a stamped receiving copy showing the date, time, office, and docket or reference number.

6. Participate in the prosecutor’s proceedings

Where preliminary investigation is required, the prosecutor initially evaluates whether the complaint and evidence establish sufficient grounds to proceed. If the case continues, the respondent is normally subpoenaed and allowed to submit a counter-affidavit and supporting evidence.

The prosecutor may require clarificatory submissions or a hearing. This is not yet the criminal trial, and there is generally no right to conduct ordinary cross-examination during preliminary investigation.

A finding of probable cause may result in the filing of an information in court. A dismissal does not necessarily mean that the assault did not happen; it means the evidence or legal requirements were found insufficient at that procedural stage. Review remedies may be available, but they have strict requirements and deadlines stated in the governing rules and the resolution itself.

What happens to claims for medical expenses and damages?

When a criminal case is instituted, the civil action arising from the offense is generally deemed included unless the offended party:

waives it;
reserves the right to file it separately; or
filed the civil action before the criminal case.

Possible claims may include documented medical expenses, lost income, other actual losses, and—when legally supported—moral, exemplary, temperate, or nominal damages. The victim cannot recover twice for the same injury.

Keep every official receipt and proof of payment. For lost earnings, preserve employment certificates, payslips, tax documents, attendance records, contracts, invoices, and other reliable proof.

Article 33 of the Civil Code also recognizes an independent civil action in cases of physical injuries, subject to procedural rules and the prohibition against double recovery. Legal advice is useful before reserving, waiving, or separately filing a civil claim.

Filing deadlines and prescription

Do not wait for the injury to heal completely before seeking legal assistance.

Under Article 90 of the Revised Penal Code, as amended by Republic Act No. 4661:

light offenses, which may include slight physical injuries depending on the applicable penalty, prescribe in two months;
offenses punishable by arresto mayor generally prescribe in five years;
offenses carrying higher correctional or afflictive penalties have longer periods, depending on the highest penalty fixed by law.

The exact period may change because of qualifying circumstances, the applicable special law, the proper characterization of the offense, and legally recognized interruption of prescription.

A barangay complaint interrupts prescription only within the statutory limits. A police report or informal demand should not be assumed to do so. If the two-month period may apply—or the deadline is uncertain—consult the prosecutor or a lawyer immediately.

Special rules when the attacker is a partner or family member

When a woman or her child is physically harmed by the woman’s husband, former husband, dating partner, former dating partner, sexual partner, or the father of her child, the conduct may fall under the Anti-Violence Against Women and Their Children Act, not merely the Revised Penal Code provisions on physical injuries.

A victim may seek:

a Barangay Protection Order covering acts within its statutory scope;
a Temporary Protection Order from the proper court; or
a Permanent Protection Order after notice and hearing.

A Barangay Protection Order is issued after an ex parte assessment and is effective for 15 days. A court-issued Temporary Protection Order is effective for 30 days unless extended or replaced in accordance with law. Barangay officials, courts, police Women and Children Protection Desks, social workers, and qualified counsel can assist.

Violence against children, abuse by persons exercising parental authority, hazing, attacks connected with trafficking, and injuries inflicted by public officers may likewise require different statutes and procedures.

Common mistakes to avoid

Waiting for the injuries to disappear before taking photographs or obtaining an examination.
Assuming that a police blotter automatically starts a criminal case.
Filing directly with the prosecutor despite a mandatory barangay-conciliation requirement.
Going through barangay conciliation when an exception applies and the short prescriptive period is about to expire.
Choosing the offense solely from the weapon used or the initial number of healing days.
Altering photographs, deleting original recordings, or posting all evidence publicly.
Coaching witnesses or submitting identical affidavits that do not reflect each witness’s actual knowledge.
Accepting payment or signing a settlement, waiver, quitclaim, or affidavit of desistance without understanding its effect.
Missing a subpoena, conference, filing deadline, or notice from the prosecutor or court.
Contacting or threatening the respondent in a way that creates a new dispute or endangers the victim.

When legal help is urgent

Seek immediate assistance from a prosecutor, lawyer, police investigator, or the Public Attorney’s Office when:

slight physical injuries may be involved and the two-month prescriptive period is running;
barangay officials refuse to accept or process a complaint;
the attacker used a firearm or deadly weapon;
the attack may show intent to kill;
the injury caused permanent impairment, deformity, prolonged incapacity, or loss of a bodily function;
the victim is a child, pregnant, elderly, disabled, or otherwise particularly vulnerable;
the attacker is a spouse, partner, parent, guardian, employer, teacher, police officer, or public official;
there are continuing threats, stalking, retaliation, or witness intimidation;
the suspect was arrested and the case is proceeding by inquest;
the prosecutor dismissed the complaint and the period for review is running; or
the victim is being pressured to sign a settlement or affidavit of desistance.

Frequently asked questions

Can I file even if I do not know the attacker’s full name?

Yes. Give investigators every available identifying detail, such as a nickname, photograph, account name, address, vehicle information, employer, or physical description. The Rules permit an accused whose true name is unknown to be identified by an appropriate description until the name is discovered.

Is a medical certificate required?

It is not the only possible evidence, but it is usually crucial because the classification of physical injuries often depends on medical attendance, incapacity, duration, or permanent effects. File promptly even if additional medical findings will follow.

Can I file without witnesses?

Yes. A credible victim’s testimony can be evidence, but the case should be supported whenever possible by medical records, photographs, recordings, physical evidence, surrounding circumstances, or admissions.

Must I go to the barangay first?

Not always. It depends on the parties’ actual residences, the penalty for the offense, and the statutory exceptions. Slight and some less serious physical-injury disputes frequently require barangay conciliation when both parties actually reside in the same city or municipality, but each case must be checked individually.

Can the police refuse because the incident is “only a barangay matter”?

Police may explain that prior barangay conciliation is required before prosecution, but they may still record the report, respond to danger, preserve evidence, investigate an offense, or assist an injured person. Urgent medical care and protection should not be withheld.

Does an affidavit of desistance automatically dismiss the case?

No. A crime is prosecuted in the name of the People of the Philippines. Desistance may affect the available evidence, but it does not automatically extinguish criminal liability. A settlement may also carry enforceable civil consequences, so obtain advice before signing.

Can I recover medical expenses if the accused is convicted?

The civil liability arising from the offense is generally included in the criminal case unless properly waived, reserved, or separately filed. Recovery still requires competent proof of the loss and its connection to the assault.

What if I fought back?

Reasonable self-defense may justify conduct when all legal requirements are established, including unlawful aggression and reasonable necessity of the means used. Mutual fighting, retaliation after the danger ended, and excessive force are treated differently. Give a complete account and preserve evidence showing who initiated the unlawful aggression and how the events unfolded.

This article provides general Philippine legal information, not legal advice for a particular case. The proper offense, filing route, venue, deadlines, and available protection depend on the evidence and applicable law. Official sources and procedures were checked as of August 25, 2026.