Road Rage: Which Crimes Can Apply?

No law read for this page uses the words "road rage". When a traffic quarrel turns into violence, threats or damage, the prosecutor looks at what each person actually did and charges the matching crime. Often more than one act happens in the same incident, for example a threat and then a punch. The sections below follow the acts that most often happen in these incidents.

The prison terms below use the durations of Article 27 of the Code: arresto menor is 1 to 30 days, arresto mayor is 1 month and 1 day to 6 months, and prision correccional is 6 months and 1 day to 6 years.

That is physical injuries. The crime depends on how long the injury keeps the victim from working or needs medical attendance:

For less serious physical injuries, Article 265 adds a fine of up to ₱50,000 when the injuries were inflicted "with the manifest intent to insult or offend" the victim, or under circumstances adding ignominy.

Article 263, on serious physical injuries, begins:

The article then lists the penalties by result, from illness or incapacity for more than 30 days up to blindness or insanity. See Physical injuries penalty for the full scale.

The Code has three levels of threats:

• Grave threats ([Article 282](/law/revised-penal-code/article-282)). Threatening another, or his or her family, with a wrong "amounting to a crime" on the person, honor or property, such as "I will kill you". If the threat is not subject to a condition, the penalty is arresto mayor and a fine of up to ₱100,000. If the threat demands money or imposes a condition, the penalty is based on the crime threatened.
• Light threats ([Article 283](/law/revised-penal-code/article-283)). Threatening a wrong that is not a crime, made in the manner of a conditional threat (demanding money or imposing a condition). The penalty is arresto mayor.
• Other light threats ([Article 285](/law/revised-penal-code/article-285)). This covers three acts: threatening another with a weapon, or drawing a weapon in a quarrel, unless in lawful self-defense; in the heat of anger, orally threatening harm that is not a crime, when later acts show the person did not persist in the idea; and orally threatening harm that is not a felony. The penalty is arresto menor in its minimum period or a fine of up to ₱40,000.

So a driver who pulls out a knife or a gun during a traffic argument can be liable under Article 285, item 1. A driver who shouts that he will shoot the other driver can face grave threats. See Grave threats.

That can be coercion:

• Grave coercion ([Article 286](/law/revised-penal-code/article-286)). Using violence, threats or intimidation, without authority of law, to prevent another from doing something not prohibited by law, or to compel him or her to do something against his or her will. Blocking a car by force so the driver cannot leave, or forcing a driver out of the car, may fit these words. The penalty is prision correccional and a fine of up to ₱100,000. See Grave coercion.
• [Unjust vexation](/law/glossary/unjust-vexation) ([Article 287](/law/revised-penal-code/article-287), second paragraph). "Any other coercions or unjust vexations" are punished by arresto menor or a fine from ₱1,000 to ₱40,000, or both. See Unjust vexation.

Deliberately damaging another person's property is malicious mischief under Article 327, when it is not arson or another crime of destruction. Kicking a door, smashing a side mirror or scratching the paint on purpose are examples.

Under Article 329, as amended, the penalty depends on the value of the damage:

• up to ₱40,000, or damage that cannot be estimated: arresto menor or a fine from the value of the damage up to ₱40,000;
• over ₱40,000 up to ₱200,000: arresto mayor in its minimum and medium periods;
• over ₱200,000: arresto mayor in its medium and maximum periods.

See Malicious mischief.

Driving recklessly is a different matter from the quarrel. If careless or reckless driving causes injury, death or damage, the case is usually reckless imprudence under Article 365, not a crime of intent. See Reckless imprudence penalty and, after a crash, What to do after a road accident.

Sometimes. Barangay conciliation applies only to disputes within the Lupon's authority. Section 408 of the Local Government Code excludes, among others, offenses punishable by imprisonment exceeding one year or a fine exceeding ₱5,000, and disputes between people who live in barangays of different cities or municipalities (unless the barangays adjoin and the parties agree). Section 412(b) also allows going straight to court when the accused is under detention.

Many road rage acts now carry fines above ₱5,000 after Republic Act No. 10951 (2017). How the 1991 cut-off applies to these light offenses is not settled by any ruling read for this page. See Do I need to go to the barangay first?.

These are made-up examples to show how the rules work. They are not advice for any real case.

Arnel and Joey argue after a near collision at an intersection. Joey gets out and draws a knife but does not use it. Drawing a weapon in a quarrel, other than in lawful self-defense, is covered by Article 285, item 1.

Rina is punched by another motorist and gets a swollen lip. She does not miss work and needs no treatment. That fits slight physical injuries under Article 266, paragraph 2. If a doctor certifies that she could not work for 12 days, the facts point to less serious physical injuries under Article 265.

Marco parks his van across the exit of a lot and tells Liza she cannot leave until she apologizes, while his companions stand around her car shouting. Preventing someone from doing something lawful by threats or intimidation can be grave coercion under Article 286. Whether these facts are coercion, threats or unjust vexation is for the prosecutor and the court.

Talk to a lawyer if you were hurt, if a weapon was used, if you were arrested or received a subpoena or complaint, or if you want to file a criminal complaint and claim damages. The right charge depends on the exact facts and the medical certificate, and the other side may file a complaint of its own.

If you cannot afford a lawyer, see Free legal help in the Philippines.