How to File a Criminal Case for Accidental Injury Caused During an Assault (Philippine Context)
Disclaimer: The following article is intended for general informational and educational purposes only. It does not constitute legal advice. If you need specific guidance regarding your situation, please consult a qualified attorney.

1. Understanding the Legal Framework

In the Philippines, criminal liability for injuries resulting from an assault is primarily governed by the Revised Penal Code (RPC). The relevant provisions depend on the severity and circumstances of the injury:

Slight Physical Injuries (Article 266) – Injuries that incapacitate the victim for less than ten (10) days or do not require medical attention for more than ten (10) days.
Less Serious Physical Injuries (Article 265) – Injuries that incapacitate the victim for ten (10) to thirty (30) days or require medical attendance for the same period.
Serious Physical Injuries (Article 263) – Injuries that incapacitate the victim for more than thirty (30) days, cause permanent disability or loss of a body part, or result in serious permanent deformity.
Reckless Imprudence Resulting in Physical Injuries (Article 365) – When injury is caused by an act performed without malice but with lack of due care or foresight, and the harm is not intended but is instead the result of negligence or imprudence.

Where an assault is intentional but an injury arises that was not specifically intended (i.e., “accidental” injuries within the course of an attack), the law may still hold the assailant accountable under physical injury provisions if there is a direct causal link. In some instances, the court may consider mitigating or aggravating circumstances depending on the offender’s intent and the specifics of the assault.

2. Distinguishing “Accidental” Injuries During an Assault

An “assault” in everyday parlance typically involves force or violence inflicted on another person. In legal terms, if someone attacks (commits an unlawful aggression) and unintentionally causes more severe harm than intended, it may still be prosecuted as:

Intentional physical injuries, if there was an intention to harm but the severity went beyond what was foreseen, or
Reckless imprudence, if the injury was due to carelessness in the course of an unlawful act.

The distinction generally turns on:

Intent (Dolo): Whether the perpetrator intended to cause harm.
Negligence or Imprudence (Culpa): Whether the harm resulted from reckless or negligent conduct.

However, because the initial act was an assault, the law presumes wrongdoing. If the injuries exceeded what the offender claims to have intended, it may be considered an aggravating or separate offense.

3. Determining Which Criminal Charge to File

If you or someone you know has been accidentally injured during an assault, you might consider filing any of the following charges, depending on the exact circumstances:

Slight Physical Injuries – If the injury is minor and does not require more than 9 days of medical care or did not incapacitate you for more than 9 days.
Less Serious Physical Injuries – If medical attendance or incapacitation lasts between 10 and 30 days.
Serious Physical Injuries – If incapacitation exceeds 30 days, or there is a permanent consequence such as loss of a body part, or if injuries result in permanent deformity.
Reckless Imprudence Resulting in Physical Injuries – If the assailant’s negligence or recklessness directly caused the injury.

Because the facts of each case vary, it is crucial to consult a lawyer or contact the Public Attorney’s Office (PAO) for guidance on which specific provision applies.

4. Steps to Filing a Criminal Complaint

If you believe that you have grounds to file a criminal case for accidental injury caused during an assault, here are the general steps you should follow:

4.1. Seek Medical Attention and Document Your Injuries

Obtain immediate medical treatment to ensure your health and safety.
Request a medical certificate or a medico-legal report detailing the nature and extent of your injuries, treatment received, and prognosis. This document is crucial evidence in determining the classification of the physical injury (slight, less serious, or serious).

4.2. Report the Incident to the Police

Go to the nearest police station in the jurisdiction where the incident occurred.
Ask to have the incident recorded in the police blotter.
Provide a clear and detailed statement of the assault, how you were injured, and any relevant circumstances.
If there are witnesses, obtain their personal details (names, addresses, contact numbers), and request that they provide statements as well.

4.3. Gather Evidence

Photographs or videos of your injuries (immediately after the incident and during healing) can be valuable.
CCTV footage or phone videos of the incident, if available.
Witness testimony from anyone who saw the assault or can attest to the circumstances.
Other relevant documents, such as medical bills or prescriptions, that can help illustrate the financial and physical impact of the injury.

4.4. Prepare and Submit Your Complaint Affidavit

Draft a complaint-affidavit (or have it drafted with the help of a lawyer). Include:
- Details of the incident (date, time, place).
- Facts about the assault, how the injury occurred, and why you believe it was caused by the offender’s actions.
- All supporting evidence, medical certificates, and witness affidavits.
File the complaint-affidavit with the Office of the City or Provincial Prosecutor that has jurisdiction over the place where the crime was committed.

4.5. Undergo Preliminary Investigation

After filing, the Prosecutor’s Office will conduct a preliminary investigation to determine whether there is probable cause to hold the respondent (the alleged offender) for trial.
Both parties may be asked to submit counter-affidavits, additional evidence, or appear for clarifications.

4.6. Issuance of Resolution and Filing of Information

If the prosecutor finds probable cause, they will issue a Resolution recommending the filing of an Information in court against the accused.
The case will then be raffled to the appropriate Municipal Trial Court (MTC), Municipal Trial Court in Cities (MTCC), or Regional Trial Court (RTC), depending on the offense charged.

4.7. Court Proceedings

Once the Information is filed, the court will issue a warrant of arrest if warranted.
The accused may post bail if the offense is bailable.
Arraignment follows, then pre-trial and trial where evidence is presented.
The court will render a decision based on the evidence and arguments presented by both the prosecution and defense.

5. Potential Penalties

Penalties depend on the specific charge:

Slight Physical Injuries (Article 266) usually carry arresto menor (1 to 30 days of imprisonment) or a fine, or both.
Less Serious Physical Injuries (Article 265) usually carry arresto mayor (1 month and 1 day to 6 months) or a fine, or both.
Serious Physical Injuries (Article 263) carry heavier penalties, ranging from prision correccional (6 months and 1 day to 6 years) to reclusion temporal (12 years and 1 day to 20 years), depending on severity and circumstances.
Reckless Imprudence Resulting in Physical Injuries (Article 365) typically results in a penalty lower by one degree than that prescribed for the corresponding intentional felony, subject to the court’s discretion.

6. Civil Liability and Damages

In addition to criminal liability, the assailant may also be held civilly liable for damages, such as:

Actual damages (medical expenses, lost wages, etc.)
Moral damages (physical suffering, mental anguish)
Exemplary damages (to deter similar conduct in the future)

The criminal court hearing the physical injuries case typically also has jurisdiction to award civil damages. You must present evidence (receipts, hospital bills, expert testimony, etc.) to substantiate your claim for damages.

7. Practical Tips

Seek immediate legal advice. Approach the Public Attorney’s Office (PAO) if you cannot afford a private lawyer.
Keep all evidence organized. Medical records, photographs, receipts, and witness statements are critical.
Be mindful of time. If you delay filing, witnesses might become unavailable, or evidence could be lost.
Cooperate with the authorities. Follow up regularly with the prosecutor’s office regarding the status of your case.
Secure protection if necessary. If you fear retaliation, you can request assistance or protection from law enforcement.

8. Conclusion

Filing a criminal case for an accidental injury that arose during an assault involves a nuanced understanding of the law and the evidence you need to support your claim. While “accidental” harm may mitigate or alter the charge, an aggressor can still be held liable for any injuries caused during the commission of an unlawful act. Ensuring you thoroughly document the incident, gather evidence, and work closely with legal professionals will greatly increase the chances of a successful prosecution. Always remember that legal procedures can be complex, and consulting a lawyer or the Public Attorney’s Office is the best way to protect your rights and navigate the justice system in the Philippines.