Physical injury

Dear Atty. Chris,

Last week, while on my way to work, a male neighbor approached me and suddenly punched me and hit me with his bag. It was all so sudden that I didn’t have the chance to defend myself, but I was able to recognize his identity. I have sustained bruises and open wounds because of the incident.

A friend said this is a violation of RA 9262 or VAWC law, is this correct? Is there anything I can do?

Respectfully,

Jona

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Dear Jona,

Pertaining to your story, I assume that your case cannot be considered within the purview of Republic Act (RA) 9262 or the Anti-Violence Against Women and their Children Act of 2004 since your neighbor does not fall into the category of what RA 9262 Section 3e says:

“The violence against women and their children punished under this law refers to the act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty (Section 3(a), RA 9262). A dating relationship, on the other hand, refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship (Section 3(e), RA 9262).”

Your male neighbor can only be held criminally liable for the crime of Physical Injuries defined and punished under the Revised Penal Code.

Physical Injury can be classified into three types:

1. Slight Physical Injuries — You may file for Slight Physical Injuries pursuant to Article 266 of the Revised Penal Code if the injuries you sustained shall incapacitate you to go to work from one to nine days or shall require medical attendance during the same period.

2. Less Serious Physical Injuries — You may file for Less Serious Physical Injuries pursuant to Article 265 of the Revised Penal Code if you shall be incapacitated for work for 10 days or more or shall require medical attendance for the same period.

3. Serious Physical Injuries — You may file for Serious Physical Injuries penalized under Article 263 of the Revised Penal Code if the injuries you sustained shall have caused you illness or incapacity for work for more than 30 days.

I hope this helps you in your situation.

Atty. Christoffer Liquigan