Case for Physical Assault on a Minor Child in the Philippines

(A practical, Philippine-context legal guide for victims, families, social workers, and practitioners. Informational only; not a substitute for advice from your own lawyer.)

1) What legally counts as “physical assault” on a child?

In Philippine law, a child/minor is anyone below 18 years old, or over 18 but unable to fully care for or protect themselves because of a physical or mental disability. “Physical assault” broadly covers intentional acts that cause bodily harm, pain, or injury to a child—hitting, slapping, punching, kicking, burning, choking, striking with objects, or similar acts. It also includes cruel, inhuman, or degrading treatment and excessive corporal punishment.

Depending on the facts, the same conduct can be prosecuted under:

The Revised Penal Code (RPC) provisions on serious, less serious, or slight physical injuries (and related offenses like administering harmful substances); and/or
Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), which penalizes child abuse and imposes stiffer penalties when the victim is a child; and/or
Republic Act No. 9262 (Anti-Violence Against Women and their Children Act), if the abuse is by a spouse/partner or former partner of the child’s mother (or by the child’s father in intimate-partner contexts); and
Family Code / Child & Youth Welfare Code provisions on parental authority (suspension/termination) when parents or guardians maltreat the child.

Key idea: When the victim is a child, prosecutors typically prefer RA 7610 (child abuse) because it reflects the special protection policy and often carries higher penalties than the plain RPC injuries articles.

2) Elements the prosecution generally proves

While each statute has its own wording, prosecutors commonly establish:

The victim is a child (age document, birth certificate, school records, or testimony).
An act of physical maltreatment occurred (what was done, by whom, when, and where).
Intent (or at least voluntariness) behind the act—usually inferred from the circumstances.
Resulting injury or harm, physical pain, or impairment—even if temporary (medical certificate helps, but testimony may suffice).
Qualifying/aggravating circumstances (e.g., offender is a parent/guardian/teacher; use of a weapon; abuse of authority; repeated acts; injury severity).

Under the RPC, injury severity affects the charge and penalty:

Serious physical injuries (e.g., loss of limb/sense, permanent deformity, or long incapacity for usual work).
Less serious physical injuries (temporary incapacity/medical care for a defined period).
Slight physical injuries (minor harm/pain, short duration, or no medical attention required).

Under RA 7610, “child abuse” includes physical abuse and cruel/degrading treatment; willful toleration by those with custody/care may also lead to liability.

3) Who can be liable?

Direct perpetrators (parents, relatives, guardians, teachers, coaches, neighbors, employers, caregivers, strangers).
Persons with custody/control who willfully tolerate abuse (e.g., school officers, facility supervisors) may incur liability under RA 7610.
If the offender is also a minor, the Juvenile Justice and Welfare Act (diversion/restorative justice) governs procedure and interventions, though the act itself is still addressed.

4) Defenses commonly raised (and how courts view them)

“Parental discipline.” Philippine law permits reasonable discipline, but excessive force, cruel or degrading punishment, or acts causing injury can still be criminal child abuse or physical injuries.
Self-defense/defense of stranger, accident, lack of intent, or mistaken identity may be asserted, but must be clearly supported by evidence.
No medical certificate is not fatal if credible testimony shows the assault; however, medico-legal proof is very helpful.

5) Evidence: what typically proves (or disproves) the case

Child’s testimony (with child-sensitive courtroom rules).
Medical records/medico-legal certificate, photographs of injuries, treatment notes.
Witnesses: siblings, neighbors, teachers, first responders.
Physical evidence: weapon/object used, torn clothing, CCTV/home cam footage, messages/admissions.
Behavioral indicators (documented by social workers/psychologists): fear responses, avoidance, regression, etc.
Reports: school incident reports; barangay blotter; police WCPD intake; DSWD assessments.

The Rule on Examination of a Child Witness allows support persons, screens or live-link TV, in-camera proceedings, controlled questioning, and in some situations admission of certain child statements to reduce retraumatization.

6) Where and how to report (front-line playbook)

If a child is in immediate danger:

Go to the nearest Barangay Hall or PNP Women and Children Protection Desk (WCPD); call emergency services; seek medical care.
Document injuries promptly (photos; list dates, times, and witnesses). Request a medico-legal exam as soon as practical.

Standard reporting channels:

Barangay: make a blotter; the Barangay Council for the Protection of Children (BCPC) helps coordinate.
PNP WCPD: for criminal investigation; they will take statements, refer for medico-legal and DSWD services.
DSWD / City or Municipal Social Welfare and Development Office: risk assessment, safety planning, and protective custody if needed.
Schools: report under the Child Protection Policy; schools must act, document, and coordinate with authorities.

Protection Orders (when applicable): If the abuse arises in an intimate-partner context covered by RA 9262 (i.e., violence against a woman and her child by the woman’s spouse/partner/ex/child’s father), victims may seek Barangay/TPO/PPO protection orders to bar contact, remove the abuser from the home, etc.

7) Filing the criminal case

Initial complaint: Usually filed with the City/Provincial Prosecutor (or via the police/WCPD who forward the case).
Inquest (if the offender is arrested without a warrant) or preliminary investigation (if not under custody).
Information filed in court upon finding probable cause.
Family Courts (Regional Trial Courts designated under the Family Courts Act) handle criminal cases where children are victims, using child-friendly procedures.
Bail and trial proceed under special rules protecting the child’s privacy (e.g., closed-door hearings, non-disclosure of identity, limited media access).

Venue: Generally where the assault happened. Prescription: Time limits to file vary by offense; child-abuse statutes often give longer windows than ordinary physical-injury provisions, but don’t delay—report and consult counsel quickly.

8) Penalties and civil liability (high level)

Penalties escalate with injury severity and the presence of qualifying circumstances (victim’s minority, offender’s custodial role, use of weapon, abuse of authority, cruelty, etc.).
RA 7610 typically enhances penalties versus equivalent RPC injuries.
Courts may order civil damages (actual, moral, exemplary), restitution of medical costs, counseling expenses, and support obligations.
Administrative/disciplinary consequences may attach to teachers, school staff, or public officials (e.g., DepEd, PRC, CSC rules).

9) Custody, safety, and family-law consequences

Courts may suspend or terminate parental authority when a parent/guardian maltreats or abuses a child.
Protective custody (DSWD or a licensed child-caring agency) can be ordered for safety.
Supervised visitation or no-contact conditions can be imposed.
Related civil actions (e.g., support, annulment of parental authority, guardianship) may be pursued alongside or after the criminal case.

10) Special situations

Offender is a minor (CICL): The Juvenile Justice law favors diversion and restorative justice, risk-and-needs assessment, and child-appropriate measures, while still addressing the harm to the victim.
Institutional settings: Schools, daycare centers, residential facilities, sports programs, and workplaces hosting working children have heightened duties; willful toleration can trigger liability.
Multiple victimization (physical + sexual + psychological): Prosecutors may file multiple counts under different statutes; safety planning must address all risks.

11) Practical, step-by-step checklist for caregivers or advocates

Ensure safety now. Remove the child from harm; seek urgent medical care.
Record details (who/what/when/where/how), take photos, and keep receipts for expenses.
Report to Barangay and/or PNP WCPD; request assistance from DSWD.
Ask for a medico-legal exam and obtain copies of medical records.
Preserve evidence: clothing, the object used, messages, CCTV copies.
Coordinate with the school (if relevant) for documentation and child-protection steps.
Seek a protection order (if the case fits RA 9262).
Consult counsel or a public attorney; prepare for prosecutor intake.
Support services: counseling, trauma-informed care, safety planning, relocation if necessary.
Avoid coaching the child; allow child-friendly professionals to take statements.

12) Common pitfalls that weaken cases

Delayed medical examination without explanation.
Gaps in documentation (no photos, lost receipts, no blotter).
Allowing contact with the alleged perpetrator without safeguards.
Posting details on social media, risking privacy violations and witness contamination.
“Settlements” that pressure withdrawal—note that crimes against children are public offenses; private forgiveness does not automatically extinguish criminal liability.

13) What prosecutors and courts look for

Coherent narrative confirming opportunity, means, injury, and link to the accused.
Consistency between testimony, medical findings, and physical evidence.
Presence of qualifying/aggravating facts (minority, custodial relationship, cruelty).
Credibility and child-sensitive handling of testimony.

14) Quick Q&A

Is spanking illegal? Reasonable, non-injurious discipline is traditionally recognized, but excessive force or cruel/degrading punishment can amount to child abuse or physical injuries. When in doubt: don’t.
Do we need a lawyer to report? No. Report immediately; legal help follows.
Can we keep the child’s identity private? Yes—child-victim privacy is protected; hearings may be closed-door and records confidential.
What if the abuser is a teacher/coach? Report to PNP WCPD/DSWD, and to the school (which must implement the Child Protection Policy). Administrative sanctions may follow, separate from the criminal case.

15) One-page action plan for victims’ families

First 24–72 hours: Safety; report; medico-legal; DSWD contact; evidence preservation.
First 2 weeks: Prosecutor intake; school coordination; counseling intake; consider protection measures.
Ongoing: Follow-ups with investigators; therapy; school accommodations; monitor no-contact compliance; prepare for hearings with child-sensitive supports.

Final note

The Philippines’ legal framework strongly protects children. The fastest path to safety is immediate reporting, prompt medical documentation, and early coordination with WCPD and DSWD. For tailored strategy and to navigate penalties, pleadings, and protection orders, consult counsel or the Public Attorney’s Office in your locality.