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Physical Assault In The Philippines In Nassau
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State:
Multi-State
County:
Nassau
Control #:
US-000298
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FAQ
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.
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.
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.
1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance. 2. That the person assaulted is a person in authority or his or her agent.
By arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.
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.
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.
In the Philippines, assault, including physical acts such as punching, is considered a criminal offense under the Revised Penal Code (RPC). The law does not differentiate between relationships, whether familial or otherwise, when it comes to the legality of physical harm.
Examples: Assault, battery, robbery, mugging, stalking, harassment. Military sexual trauma (MST) is a subset of personal trauma and refers to sexual harassment, sexual assault, or rape that occurs during military service.
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.