Executive Summary

When a child (under 18, or over 18 but unable to care for self due to disability) is injured during an altercation, Philippine law looks at how the injury happened (intentional vs. negligent), who the offender is (stranger, parent/relative/intimate partner, teacher/guardian, another child), and the gravity of the harm. Possible criminal filings range from Serious/Less Serious/Slight Physical Injuries under the Revised Penal Code (RPC), to Reckless Imprudence Resulting in Physical Injuries, to special-law offenses that enhance penalties when the victim is a child (notably R.A. 7610 on child abuse). Contexts involving domestic or dating violence can also trigger R.A. 9262 (VAWC). Civil liability for medical expenses, moral and exemplary damages attaches to any criminal conviction (and may be pursued independently in a civil action).

I. Key Charging Frameworks

A) Intentional Physical Injuries (RPC, Arts. 263–266)

Courts classify by result (medical treatment and incapacity), not by the offender’s label for the act.

Serious Physical Injuries (Art. 263) — e.g., loss of sense/limb, deformity, loss of use, insanity/imbecility, or incapacity for labor/medical treatment >90 days. Penalty: afflictive; imprisonment can be long, with higher ranges for the gravest results.
Less Serious Physical Injuries (Art. 265) — illness/incapacity for labor 10–30 days or need for medical attendance for the same period. Penalty: correctional (typically arresto mayor).
Slight Physical Injuries (Art. 266) — 1–9 days incapacity or medical attendance; or ill-treatment without injury (e.g., slapping). Penalty: light (arresto menor or fine).

Why the medical certificate matters: The number of days of medical attendance and incapacity for work largely determines the offense level and penalty.

B) Negligence/Imprudence (RPC, Art. 365)

If the child was not the target and injury came from careless blows, thrown objects, stray punches, or other reckless acts during a brawl: Reckless (or Simple) Imprudence Resulting in Serious/Less/Slight Physical Injuries is charged. The underlying injury level (serious/less/slight) still controls penalties, but the mode is culpa (negligence), not dolo (intent).

C) Child-Specific Protection (R.A. 7610)

R.A. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination) may be used instead of or in addition to the RPC when facts show abuse, cruelty, or exploitation, or conduct prejudicial to the child’s development (e.g., deliberate beating, degrading treatment, exposing the child to violence that causes physical or psychological harm). Penalties are higher than ordinary RPC physical-injuries charges when 7610 applies.

D) Violence Against Women and Their Children (R.A. 9262)

If the offender is a spouse/ex-spouse, intimate partner, or a person with whom the child has a qualifying domestic relationship through the woman, acts of physical harm to the woman or her child may be prosecuted under VAWC, which carries distinct elements and penalties and allows Protection Orders (Barangay/Temporary/Permanent).

E) Other Contextual Statutes

School/Teacher settings: Administrative/disciplinary liability can parallel criminal cases.
If the offender is also a child (CICL): R.A. 9344 (Juvenile Justice and Welfare Act) governs diversion, intervention, and age-appropriate penalties/measures.

II. Elements, Evidence, and Medical Proof

Elements (common to physical-injury charges)

Identity of the offender and child victim (age proof via PSA birth certificate/school ID).
Unlawful act (assault, blow, object thrown, reckless act) or culpable negligence.
Resulting injury, supported by medico-legal certificate indicating nature of wounds and days of medical attendance/incapacity.
Causation (linking act to injury) via eyewitnesses, CCTV, photos, chat videos, or spontaneous statements.

Medical documents to secure early

Immediate treatment records (ER notes), medico-legal exam, X-rays/scans, doctor’s certificate specifying days of medical attendance and incapacity for work/school.
Follow-up records showing complications (e.g., scarring/deformity), which can upgrade the offense.

Tip: Doctors sometimes omit the “days” language. Politely request a certificate that quantifies both medical attendance and estimated incapacity; prosecutors and courts rely on these.

III. Defenses and Doctrines That Commonly Arise

Self-defense/Defense of Stranger: Requires unlawful aggression from the other party, reasonable necessity of means, and lack of sufficient provocation. If you hit another adult in self-defense but injure a child by mistake, liability can still arise under imprudence if your act was recklessly executed.
Accident (fortuitous event): Narrow; usually fails if ordinary care could have avoided the harm.
Mistaken identity / alibi / lack of intent: Moot if prosecution proceeds under negligence provisions.
Affidavit of desistance: Does not automatically terminate public criminal actions, though it may influence slight or less serious cases; prosecutors exercise discretion.

IV. Where to File and Procedure

Emergency & Protection First
- Bring the child for medical care. Request medico-legal. If domestic context, consider Protection Orders (VAWC) or DSWD referral for safety planning.
Police/ACG or directly to the Prosecutor
- File a criminal complaint-affidavit with attachments (IDs, medical certificates, photos, CCTV, witness affidavits).
- If the act occurred within the same city/municipality and involves natural persons, barangay conciliation may precede court for minor offenses; serious offenses and cases with children often bypass conciliation.
Inquest vs. Preliminary Investigation
- Inquest if the offender is arrested soon after the incident.
- Preliminary Investigation otherwise; prosecutor issues subpoena for counter-affidavit and resolves probable cause.
Filing in Court
- On information, the case goes to the first-level court (less/slight) or RTC (serious, 7610/9262). Arraignment follows; then trial.
Civil Liability
- Automatically included in the criminal case (unless waived). You may prove medical costs, therapy, loss of earning capacity (if applicable), moral and exemplary damages. Parents/guardians may recover expenses and moral damages for the child.

V. Penalties, Aggravation, and Civil Exposure (Practical View)

Penalty scale tracks injury gravity (days and results). Using a weapon, treachery, or committing the act in the presence of or against a child can aggravate.
R.A. 7610: Heavier penalties when conduct amounts to abuse/cruelty or is prejudicial to development (including severe psychological harm from exposure to violence).
R.A. 9262: Separate penalties and Protection Orders; violations of orders are criminal.
Civil damages: Expect awards for actual medical/therapy costs, moral (for physical pain/mental anguish), exemplary (to deter), and sometimes attorney’s fees.
Vicarious liability:
- Parents are solidarily liable for damages caused by their minor children living with them.
- Schools/teachers may be liable for acts of pupils under supervision at the time.
- Employers may be subsidiarily liable for acts of employees in the discharge of duties.

VI. Special Situations

Stray Punch/Thrown Object Hits a Child (Bystander): Likely Reckless Imprudence Resulting in [level] Physical Injuries; still criminal even if child wasn’t the intended target.
Mutual Affray but Child Injured While Being Used as Shield/Tool: Expect 7610 filing for abuse/cruelty, on top of RPC injuries.
Domestic Altercation (Mother/Partner and Child Injured): VAWC + 7610 may both be explored, plus RPC injuries. Barangay Protection Orders (BPOs) under VAWC can issue ex parte.
Repeated Exposure to Violence Without Visible Wounds: 7610 recognizes psychological abuse; collect therapist/psych notes and school guidance records.
Offender is a Child: Handle under R.A. 9344 (diversion, intervention; age thresholds and discernment); the victim-child’s right to damages remains.

VII. Prescriptive Periods (Time Limits to File)

Serious physical injuries (afflictive) — 15 years.
Less serious (arresto mayor) — 5 years.
Slight physical injuries (light offense) — 2 months.
R.A. 7610/VAWC — follow their special prescriptive rules (generally longer than slight offenses).

File early; slight cases can lapse quickly.

VIII. Practical Evidence Pack (Checklist)

Child’s birth certificate / school ID (to prove age)
Medico-legal certificate with diagnosis + days of medical attendance/incapacity
ER records, imaging (X-ray/CT), prescriptions, therapy notes
Photos/videos of injuries; before/after if scarring
Witness affidavits, CCTV, messages, 911/desk blotter, barangay log
If domestic: Protection Orders, prior VAWC/child-abuse reports, DSWD notes
Expense receipts (medical/transport/therapy) for damages

IX. Sentencing & Resolution Options

Plea bargaining is sometimes available (e.g., negligent to lesser negligent, or less serious to slight), subject to prosecutor/court approval and victim’s input.
Probation may be available (except for certain disqualifications), but civil liability must still be paid.
Restitution/ADR: Monetary settlement does not erase public criminal liability, but can mitigate penalties and fulfill civil awards.

X. FAQs

Q1: The injury seems “minor.” Is it still a crime? Yes. Even slight physical injuries are criminal; they just carry lighter penalties and short prescriptive periods.

Q2: Do we need the child to testify? Not always for every element, especially with CCTV/eyewitnesses/medical proof. Courts employ child-sensitive procedures (screens, in-camera testimony).

Q3: What if both adults were fighting and the child was accidentally hit? Charges may shift to reckless imprudence; still criminal. R.A. 7610 may apply if behavior shows cruelty or created prejudicial conditions.

Q4: Can we just settle at the barangay? For serious offenses and child-victims, settlement at barangay does not bar criminal prosecution. For minor injuries, the barangay step may be procedural, but the case remains a public offense.

Q5: Who pays the hospital bills? The offender (and in law, certain guardians/employers in vicarious scenarios) may be ordered to pay actual medical and related expenses plus moral/exemplary damages.

XI. Bottom Line

Injuring a child during an altercation exposes the offender to criminal liability under the RPC (intentional or negligent), with stiffer exposure under R.A. 7610 (child abuse) and, in domestic contexts, R.A. 9262 (VAWC). The medical certificate drives the charge level; context can elevate penalties. Move quickly: secure medico-legal proof, preserve evidence, file with police/prosecutor, and pursue civil damages alongside criminal action.