Physical Assault In The Philippines In Kings
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FAQ
Serious Physical Injuries: If the injuries result in permanent incapacity, loss of a limb, or require more than 30 days of medical treatment, the punishment is prisión correccional or imprisonment from 6 months and 1 day to 6 years.
The penalty for assault and battery depends on the classification of the injuries: Serious Physical Injuries: If the injuries incapacitate the victim for more than 30 days or cause permanent disfigurement, the accused may face imprisonment ranging from 6 months to 6 years, depending on the circumstances.
Under Article 148 of the RPC, the crime of direct assault is punishable with prision correccional in its minimum period and a fine not exceeding PHP 500.00 in the absence of qualifying aggravating circumstances, such as in this case.
Physical assault is when an individual or a group attacks a person physically, with or without the use of a weapon, or threatens to hurt that person. It can include scratching, pushing, kicking, punching, throwing things, using weapons or physically restraining another person.
The primary statute addressing domestic violence in the Philippines is Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004 ("VAWC Act") and its Implementing Rules and Regulations (IRR).
Legal Guide: Addressing Emotional Abuse and Defamation in the Philippines Filing a Complaint with the Barangay: In cases of domestic or relational abuse, the first step is often to file a complaint with the barangay (local government unit). Filing a Civil Case. Criminal Complaint under R.A. 9262:
Serious Physical Injuries: If the injuries result in permanent incapacity, loss of a limb, or require more than 30 days of medical treatment, the punishment is prisión correccional or imprisonment from 6 months and 1 day to 6 years.
Ways to document abuse include: Keeping a journal of what you experience, including descriptions of how the incident made you feel. Writing down statements you, your partner, or any witnesses make before, during, or after the abuse. Recording dates, times, and descriptions of incidents.
The main difference is that assault is the intimidation portion or the act that makes another person believe they are going to cause you great bodily harm. The battery is the actual contact that occurred without consent.
Penalties under this law range from prisión mayor (6 years and 1 day to 12 years of imprisonment) for less severe cases, up to reclusión perpetua (life imprisonment) if the abuse results in the death of the victim.
