Filing a Legal Complaint for Physical Assault and Seeking Damages under Philippine Law
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For guidance on any specific legal situation, it is recommended to consult a qualified attorney.

1. Introduction

Physical assault—commonly referred to as physical injuries in Philippine legal terminology—can give rise to both criminal and civil liability. Under the Philippine legal framework, the offended party (victim) has the right to seek justice and compensation for harm suffered. This article provides a comprehensive overview of the process for filing a legal complaint for physical assault and seeking damages in the Philippines.

2. Relevant Laws and Definitions

2.1 Revised Penal Code (RPC)

The primary legal reference for crimes involving physical assault (or physical injuries) is the Revised Penal Code of the Philippines (Act No. 3815). Several provisions outline the criminal aspects of causing physical harm:

Serious Physical Injuries (Articles 263–264)
- These are injuries that cause serious harm, such as broken limbs, incapacitation for work for more than 30 days, or injuries that require medical attendance for a long period.
- Possible penalties may vary depending on the severity, duration of medical treatment, or permanent deformities caused.
Less Serious Physical Injuries (Article 265)
- These are injuries that incapacitate the victim for 10 to 30 days or require medical attendance for the same period.
- Penalties are lower compared to serious physical injuries but still carry criminal sanctions.
Slight Physical Injuries (Article 266)
- These include physical injuries that incapacitate the victim for 1 to 9 days or require medical attendance for the same period, or any physical injuries that do not prevent the victim from engaging in their normal activities.
- Slight physical injuries also include ill-treatment that does not cause injury but is still harmful or offensive.

2.2 Special Laws

In certain cases where the offender and victim share specific relationships or circumstances, special laws may come into play:

Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act): Applies if the victim is a woman with whom the offender has a marital, dating, or sexual relationship, or a child of the woman involved.
Child Abuse Laws (Republic Act No. 7610): Applies if the victim is a minor under specific circumstances of abuse.

These special laws may provide for different procedures, protection orders, and penalties.

2.3 Civil Code of the Philippines

The Civil Code provides for the recovery of damages in cases where a person suffers harm due to a wrongful act or omission of another. Even if a criminal case is dismissed, a separate civil action for damages may be pursued.

3. Filing a Criminal Complaint: Step-by-Step Procedure

Immediate Steps After the Incident
- Seek Medical Attention: Get a medical certificate detailing the injuries, as this document is critical for evidence.
- Report to the Nearest Police Station: File a police blotter entry, which summarizes the incident and helps establish the date, time, place, and persons involved.
Execution of a Sworn Statement (Affidavit of Complaint)
- The victim, as the complainant, must prepare a sworn statement (Affidavit of Complaint) detailing the facts and circumstances of the assault—when and how it took place, the parties involved, and the injuries sustained.
Submission to the Prosecutor’s Office
- Venue: Generally, complaints are filed with the Office of the City or Provincial Prosecutor where the crime occurred.
- Supporting Documents: Attach the police report (if any), medical certificate, photographs of injuries, eyewitness affidavits, and any other relevant evidence.
Preliminary Investigation
- The prosecutor evaluates whether there is probable cause to indict the respondent (alleged offender) for physical injuries or an applicable crime.
- The complainant and respondent may be required to submit counter-affidavits, reply affidavits, and other evidence.
- If probable cause is found, the prosecutor issues a Resolution and Information, which is then filed in court.
Arraignment and Trial
- Once the case is filed in court, the respondent (now the accused) is arraigned and enters a plea.
- The case proceeds to trial, where both parties present evidence and witnesses.
- If the accused is found guilty, the court will impose a penalty according to the Revised Penal Code or other applicable laws.

4. Seeking Damages: Civil Aspect of the Case

4.1 Automatic Inclusion of Civil Liability in Criminal Case

Under Philippine law, when a criminal action is instituted, the civil action for damages is generally impliedly instituted as well—unless the victim (or the offended party) waives the civil action, reserves the right to institute it separately, or files it ahead of the criminal case.

4.2 Kinds of Damages Recoverable

Actual Damages
- These cover the quantifiable expenses incurred as a result of the injury (e.g., hospital bills, medical treatments, medication costs, lost wages).
Moral Damages
- Awarded for mental anguish, emotional distress, social humiliation, or similar injury. While not always easy to quantify, moral damages can be granted when the court is convinced of the emotional suffering inflicted on the victim.
Exemplary (Punitive) Damages
- The court may award exemplary damages in cases where the offender’s actions were done in a wanton, fraudulent, or oppressive manner, to set an example or to deter others.
Attorney’s Fees and Litigation Expenses
- The court may require the offender to pay reasonable attorney’s fees and other costs of litigation, especially if the victim was compelled to litigate due to the offender’s wrongful acts.

4.3 Filing a Separate Civil Action

If the victim decides to reserve the civil action or if the criminal complaint fails for some procedural reason, the victim may file a separate civil action for damages. This involves:

Filing a complaint in the appropriate trial court (Regional Trial Court or Metropolitan Trial Court, depending on the amount of claim).
Presenting evidence to establish the wrongful act and the quantum of damages.

5. Defenses and Considerations

Self-Defense
- The accused may raise self-defense as a justifying circumstance. The burden is on the accused to show that there was unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation on their part.
Accident
- The accused might claim that the injuries were inflicted by accident without fault or intention of causing harm.
Alibi or Denial
- The accused may argue they were not present at the scene or that they did not commit the act. This is generally weak unless corroborated by strong evidence.
Amicable Settlement
- For slight or less serious physical injuries, parties sometimes opt for mediation or settlement. However, for serious physical injuries, especially those requiring public prosecution, an amicable settlement may not prevent criminal prosecution (though it may influence possible penalties or mitigate damages).

6. Penalties for Physical Assault

Penalties for physical injuries vary depending on the category (serious, less serious, or slight):

Serious Physical Injuries
- Prison Mayor to Reclusion Temporal, depending on the gravity of the injury (possible imprisonment ranging from 6 years and 1 day to 20 years under the Revised Penal Code).
- The duration depends on whether the injuries caused deformity, incapacity for more than 90 days, or other aggravating factors.
Less Serious Physical Injuries
- Arresto Mayor (1 month and 1 day to 6 months of imprisonment) for injuries that incapacitate the victim for more than 10 days but not more than 30 days.
Slight Physical Injuries
- Arresto Menor (1 day to 30 days) or a fine, for injuries that incapacitate the victim for 1 to 9 days or do not prevent the victim from engaging in normal activities, plus possible civil indemnification.

7. Practical Tips for Complainants

Preserve Evidence
- Document bruises, wounds, or other physical injuries with photographs. Secure medical reports and statements from witnesses as soon as possible.
Seek Prompt Legal Assistance
- Consult a lawyer or the Public Attorney’s Office (PAO), which provides free legal assistance for qualified indigent clients.
Remain Compliant with Legal Deadlines
- Follow up on prosecutor’s office notices, attend scheduled hearings, and provide complete evidence and affidavits.
Emphasize the Civil Aspect
- Even if the criminal case faces delays, remain proactive about claiming damages. Ensure that you or your lawyer explicitly address the civil aspect in the complaint or in a separate civil action if necessary.
Consider Alternative Dispute Resolution (ADR)
- In less serious cases, or when the parties are open to settlement, mediation or barangay conciliation (for minor offenses) may be an option. However, for more serious crimes, criminal prosecution is primarily handled by the State.

8. Conclusion

Filing a legal complaint for physical assault in the Philippines involves navigating both criminal and civil aspects. The Revised Penal Code and relevant special laws outline the penalties for physical injuries, while the Civil Code provides avenues for recovering damages. Proper documentation of evidence, timely filing of affidavits, and close coordination with legal counsel or the Public Attorney’s Office are crucial to ensuring a successful pursuit of justice and compensation.

While this article outlines the key steps and considerations, every case is unique. It is advisable to consult with a qualified lawyer to understand the specifics of your situation, protect your rights, and secure the appropriate remedy under Philippine law.