Dear PAO,
Can I file a case for violation of the law on anti-violence against women against the male friend of my neighbor, who punched and hit me with a broom? I have sustained bruises and some open wounds because of the incident.
Rica

Dear Rica,
While it cannot be discounted that the act of the person you’re complaining of in punching and hitting you with a broom is a form of physical violence, the same cannot be considered within the purview of Republic Act (R. A.) No. 9262 or the Anti-Violence Against Women and their Children Act of 2004. 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), R.A. No. 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), R.A. No. 9262).

In the absence of the afore-mentioned relationship between you and the male friend of your neighbor, he may only be held criminally liable for the crime of physical injuries defined and punished under the Revised Penal Code. This crime is classified into three: slight physical injuries, less serious physical injuries, and serious physical injuries. The type of physical injuries crime that you may file against him will depend upon the gravity of the injury that you sustained from him. If the injuries you sustained shall incapacitate you to go to work from one (1) to nine (9) days or shall require medical attendance during the same period, you may file a criminal complaint for slight physical injuries pursuant to Article 266 of the Revised Penal Code. If you shall be incapacitated for work for ten (10) days or more or shall require medical attendance for the same period, you may file a criminal complaint for less serious physical injuries pursuant to Article 265 of the Revised Penal Code. Finally, if the injuries you sustained shall have caused you illness or incapacity for work for more than thirty (30) days, the male friend of your neighbor may be held liable for the crime of serious physical injuries penalized under Article 263 of the Revised Penal Code.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.