1) “Assault” in Philippine law: what case are you actually filing?

Philippine statutes don’t use “assault” as a single, standalone crime the way some countries do. Most “assault” complaints involving a minor fall under one (or more) of these:

A. Physical harm (Revised Penal Code)

Usually filed as Physical Injuries (slight / less serious / serious), or—if the facts show intent to kill or life-threatening violence—Attempted/Frustrated Homicide or Murder. The level depends on the extent of injury, medical findings, and circumstances (weapon, intent, severity).

B. Child abuse / cruelty / exploitation (RA 7610)

If the victim is a child (below 18), violence that causes physical injury or suffering may also be charged as child abuse depending on facts. RA 7610 is frequently used when the victim is a minor because it focuses on harm to children, not just the technical injury classification.

C. Domestic violence context (RA 9262, VAWC)

If the offender is a spouse/ex-spouse, boyfriend/girlfriend, live-in partner, or someone covered by the law’s relationship definitions—and the victim is a woman and/or her child—the same act can be pursued under VAWC, including physical violence and related protective remedies.

D. Sexual “assault” (separate crimes and procedures)

If the act is sexual in nature, the case may be Rape, Sexual Assault, Acts of Lasciviousness, or child sexual abuse (often charged under combinations of the Revised Penal Code, RA 7610, and related laws). The evidence and child-protective procedures become even more specialized.

Practical point: You do not need to perfectly label the offense at the police station. What matters is reporting the facts, getting medical documentation, and preserving evidence. The prosecutor determines the proper charge based on evidence.

2) Immediate actions (first 24–72 hours): safety, medical care, evidence

A. Ensure the child’s safety

Separate the child from the alleged offender.
If the offender is in the household or nearby, prioritize a safe location with a trusted adult.

B. Get medical attention and documentation

Go to a hospital/clinic (government or private).
Ask for:
- Medical records and diagnosis
- Treatment notes
- Medico-legal certificate/exam if available (often through government hospitals or PNP/NBI coordination)

Even if injuries look “minor,” documentation matters because:

it supports the correct criminal charge, and
it helps counter later claims that the child was not harmed.

C. Preserve evidence

Photos of injuries (with date/time if possible)
Bloodied clothing or damaged items (store in clean paper bags if possible)
CCTV copies or links (request immediately—many systems overwrite quickly)
Messages, chats, call logs, threats
Names/contact details of witnesses

3) Where to report: the usual entry points

A. PNP police station – Women and Children Protection Desk (WCPD)

Most communities have a WCPD or a desk trained for child cases. This is a common starting point for:

blotter entry,
referral for medico-legal,
assistance in preparing statements and complaint documents.

B. NBI (especially if complicated, high-risk, or with digital evidence)

For serious cases, repeat offenders, coordinated threats, or complex evidence.

C. DSWD / Local Social Welfare and Development Office (LSWDO)

Important when:

the child needs protective custody, shelter, or psychosocial support,
the offender is a family member/guardian,
there is risk of retaliation,
the non-offending parent/guardian is absent, unsafe, or not acting protectively.

D. School-related incidents

If it happened in school or involves students/teachers:

The school’s child protection mechanisms and reporting duties may be triggered,
but school processes do not replace criminal complaints when a crime occurred.

4) Who files the complaint for a minor?

A minor generally cannot manage the legal process alone. Common complainants/signatories:

Parent or legal guardian
A responsible adult with personal knowledge of the incident and the child’s condition (often accepted in child-protection contexts)
Social worker/DSWD/LSWDO assistance when parents are unavailable, unwilling, or are the alleged offenders

If the alleged offender is a parent/guardian, authorities typically coordinate child protection and may require:

appointment of a guardian ad litem in some court settings,
closer DSWD involvement for safety and representation.

5) The complaint package: what you prepare and submit

Most criminal cases start with a Complaint-Affidavit filed before the prosecutor (often with police assistance). Typical attachments:

Narrative affidavit (who, what, when, where, how; threats; prior incidents)
Child’s statement (handled in a child-sensitive way; not always required to be harshly “interrogated”)
Medical documents (medico-legal, hospital records, receipts)
Photos/videos/CCTV (with a brief explanation of what each shows)
Witness affidavits (if any)
Proof of identity/relationship (birth certificate, school ID, etc., as needed)

A strong practice is a one-page timeline: Date/time → event → evidence file name.

6) Police and prosecutor procedures: what happens after reporting

A. Police blotter and initial investigation

Police record the report, gather initial evidence, and may take sworn statements.
In child cases, interviews should be child-sensitive: simple language, non-leading questions, and supportive environment.

B. Arrest scenarios: inquest vs preliminary investigation

If the suspect is arrested without a warrant (e.g., caught in the act, hot pursuit), the case can go through inquest—a faster prosecutor review to decide if the suspect stays detained and what charge will be filed.
If there is no warrantless arrest, the case generally proceeds via preliminary investigation, where parties submit affidavits and evidence and the prosecutor decides probable cause.

C. Prosecutor evaluation

The prosecutor determines:

the correct offense(s),
whether there is probable cause,
whether to file an Information in court.

Because a child victim is involved, prosecutors may be more attentive to protective measures and the appropriate child-focused legal framework (e.g., RA 7610 where applicable).

7) Child-protective rules during investigation and trial

Philippine procedure recognizes that minors require protection from trauma and intimidation.

A. Child-friendly testimony and protective measures

Courts can allow measures such as:

testimony in a less intimidating setting,
limited public access to hearings (closed-door/in-camera settings in sensitive cases),
presence of a support person,
protection from direct confrontation where appropriate.

B. Confidentiality

In child cases, it is common for records and proceedings to be handled with heightened confidentiality. Publishing identifying details of a child victim can create separate legal risks and can also harm the child’s safety.

C. Avoiding re-traumatization

A recurring issue is repeated interviews by multiple adults. A coordinated approach—police, social worker, medical team—reduces repeated storytelling and improves evidence quality.

8) Protection and safety orders (especially when the offender is close to the child)

If the offender is a family member or intimate partner of the child’s caregiver, protective measures may be critical.

A. VAWC Protection Orders (RA 9262) when applicable

Where the relationship coverage fits, protection orders can include:

stay-away orders,
removal of the offender from the home,
custody-related provisions,
financial support provisions in appropriate cases.

B. Child protective custody and placement

Authorities may arrange:

temporary placement with a safe parent/relative,
shelter placement when there is no safe immediate option,
supervision plans where risk is manageable.

9) If the offender is also a minor (child in conflict with the law)

When the suspect is below 18, the Juvenile Justice and Welfare framework applies:

Below the minimum age of criminal responsibility: the child is generally exempt from criminal liability but can be subjected to intervention programs.
For older minors, cases may involve diversion (community-based resolution with safeguards) depending on offense gravity and circumstances.

This does not mean “no accountability.” It means the process emphasizes rehabilitation while still addressing the victim’s protection, restitution (when appropriate), and safety planning.

10) Civil liabilities and damages (separate from criminal punishment)

Criminal cases usually carry civil liability for:

medical expenses,
damages for pain/suffering and other legally recognized harms,
restitution where applicable.

A civil action can be pursued in certain ways depending on the procedural posture of the criminal case and the strategy chosen, but many cases handle civil liability alongside the criminal case.

11) Common pitfalls in minor-victim assault cases

Delayed medical documentation → injuries heal; defense claims exaggeration
Missing CCTV window → footage overwritten
Uncontrolled social media posting → exposes child, triggers intimidation, complicates prosecution
“Settlement pressure” (especially by relatives) → can derail safety planning and evidence preservation
Mislabeling the offense → focus on facts; let prosecutors classify
Repeated, leading interviews → inconsistent statements; credibility attacks

12) Practical checklist (what to bring when filing)

Child’s basic info (birth certificate if available)
Parent/guardian ID
Medical records / medico-legal
Photos and videos (printed and digital copies)
Witness contact details
Any threats/messages or prior incident proof
A written timeline of events

Conclusion

Filing an “assault” complaint for a minor in the Philippines is usually a coordinated process involving medical documentation, a WCPD/police report, and a prosecutor-led determination of the proper charge—often under the Revised Penal Code and, when facts fit, child protection laws such as RA 7610 and related statutes. The defining features of minor-victim procedures are child-sensitive interviewing, confidentiality, and protective measures designed to secure accountability while minimizing harm to the child.