Child Physical Abuse Complaint Procedures in the Philippines
A comprehensive legal-procedural guide (updated to April 30 2025)

1. What Counts as “Child” and “Physical Abuse”?

Key term	Statutory basis	Essential elements
Child	§3(b), R.A. 7610; Art. XIV, Family Code	Any person below 18, or over 18 but unable to fully take care of them-selves because of a physical/mental disability.
Physical abuse / physical injuries	- Arts. 262-266 Revised Penal Code (RPC)

R.A. 7610 (child-specific aggravating circumstance)
R.A. 9262 (if the abuser is a spouse/partner or a parent) | Intentional use of force that results, or is likely to result, in bodily harm—bruises, burns, fractures, internal injuries, poisoning, strangulation, etc. |

Under R.A. 7610 §10, any act of child abuse is penalised one degree higher than the equivalent offence under the RPC.

2. Core Laws, Rules & Issuances

Instrument	Salient provisions on complaints/investigation
R.A. 7610 (1992)	§31-32: Mandatory reporting by professionals; §27-30: protective custody; §8-10: higher penalties.
R.A. 9262 (2004)	Provides Barangay Protection Orders (BPO), Temporary & Permanent Protection Orders (TPO/PPO) when physical abuse occurs in the context of Violence Against Women & their Children (VAWC).
Rules on Children in Criminal Actions (A.M. 00-4-07-SC, 2001; amended 2022)	Child-friendly investigation, live-link testimony, one-way mirror, in-chamber interviews.
Child and Youth Welfare Code (P.D. 603) & Family Code	State custody doctrine; suspension or termination of parental authority.
DepEd Child Protection Policy (DO 40-2012, DO 44-2023)	School-based reporting, Child Protection Committee (CPC), and administrative liability of personnel.
PNP WCPD Manual (2018) & DOJ-PNP-DSWD Protocol (2013)	Step-by-step rescue, interview, medico-legal, evidence handling, referral to social workers.

3. Who Must or May Report?

Reporter	Mandatory?	Primary legal basis
Physicians, nurses, hospital staff	Yes	R.A. 7610 §32; DOH Admin. O. 2018-0024
Teachers & school personnel	Yes	DepEd DO 40-2012 §13c
Barangay officials, social workers, day-care workers	Yes	R.A. 7610 §32
Any person who learns of abuse	Permissive duty (encouraged)	R.A. 7610 §32; Art. 275(2) RPC (failure to render assistance)

Failure of a mandatory reporter to act is punishable by arresto mayor (1 month-1 day to 6 months) and administrative sanctions (e.g., revocation of license for medical professionals, dismissal for teachers).

4. Immediate Response & Rescue Protocol

Secure the child: Any citizen may place an abused child under immediate protective custody (R.A. 7610 §27). The child is turned over to the DSWD social worker or the PNP Women & Children Protection Desk (WCPD) within 24 hours.
Medical examination: Conducted within 48 hours by a DOH-accredited medico-legal officer. A pink-blotter is opened in police records.
Safety assessment: Social worker drafts a Case Intake & Risk Assessment Form (CIRAF) and recommends either:
- Return to non-offending parent/relative, or
- Placement in a DSWD-licensed residential facility or foster care.
Issue an ex parte Protection Order (PO):
- Barangay (BPO) – issued within the same day, valid for 15 days.
- Family Court (TPO) – issued within 24 hours, valid for 30 days.
- Permanent PO – after hearing, remains until lifted.

5. Filing the Criminal Complaint

Step	Where	Who may file	Time limit
5.1 Affidavit & evidence	Police station / NBI	Victim (through guardian / social worker), parent, relative, barangay official, or arresting officer	None (crimes against minors do not prescribe until the child reaches 25 yrs; Sec. 16 R.A. 11648)
5.2 Inquest (if arrest w/o warrant)	Provincial/City Prosecutor	Police submits inquest report within 36 hrs	15-day extension allowed for further investigation (McLarin rule)
5.3 Preliminary Investigation	Prosecutor’s Office	Respondent files Counter-Affidavit within 10 days	Resolution in 60 days (NPS Rule 118, 2022)
5.4 Filing of Information	Regional Trial Court, designated Family Court	Prosecutor	Same day the resolution is approved
5.5 Arraignment & trial	Family Court (RTC)	Judge	Arraignment within 10 days; trial continuous, to finish in 90 days (SCTA 2001; Speedy Trial Act)

Note: For offenses subject to inquest (flagrante delicto arrest), no sworn‐complaint is required; the inquest prosecutor may directly file an Information.

6. Child-Friendly Investigation Standards

One-time interview rule – ideally, a single recorded forensic interview is conducted by a certified child interviewer in a child-friendly room.
Guardian ad litem – appointed by the court within 24 hours of filing Information (A.M. no. 004-07-SC).
Videoconferencing / live-link TV – permissible upon motion when face-to-face confrontation would cause trauma (Rule on Examination of a Child Witness, §§25-27).
Closed-door hearings & sealed records – mandatory under §31 R.A. 7610; only parties, lawyers, social worker, and psychologist may be present.

7. Evidentiary Requirements

Evidence	Typical content
Medico-legal certificate	Nature, location, age of injuries; chain-of-custody for photographs/x-rays; signed by licensed physician.
Police blotter & Pink Sheets	Incident details, date/time, arresting officer; pink copy kept by WCPD for child-related cases.
Affidavits	Victim’s sworn statement (in Q-and-A form); guardian/parent; eyewitnesses; professionals (doctor, teacher).
Social Case Study Report	Prepared by social worker within 15 days; details home situation, risk factors, recommendations on custody.
Other documentary & real evidence	Clothing, weapons, CCTV, digital photos, text messages, school records indicating injuries or absenteeism.

A child’s out-of-court statement is admissible if (a) recorded, (b) given to a guardian-worker, and (c) the child is unavailable or would suffer trauma (Rule on Child Witness §§28-30).

8. Parallel / Complementary Proceedings

Administrative
- Teachers, day-care workers, health professionals – investigated under DepEd, CSC, or PRC rules; sanctions range from reprimand to dismissal or license revocation.
Civil
- Separate action for damages (Art. 33 Civil Code) or for support and restitution (Arts. 195-204, FC).
- Suspension/termination of parental authority under Arts. 229-232 FC upon final criminal conviction.
Child-in-Need-of-Special-Protection (CNSP) case
- Filed by DSWD in Regional Trial Court sitting as Special Family Court to declare the child legally available for adoption or foster care, where reunification is impossible.

9. Penalties & Collateral Consequences

Offense	Basic penalty	Aggravation when victim is a child
Serious Physical Injuries (Art. 263 RPC)	Prision correccional to prision mayor (6 mos-12 yrs) depending on injury	One degree higher under R.A. 7610 §10(b); plus automatic civil indemnity ₱50 000-₱100 000, moral & exemplary damages.
Less Serious / Slight P.I. (Arts. 265-266)	Arresto mayor or arresto menor	Upgraded by one degree; may include community service ban from child-related employment up to 10 yrs.
VAWC Physical Harm (§5, R.A. 9262)	Prision correccional max. to prision mayor (6 yrs-12 yrs)	If child is the secondary victim, accused must also attend mandatory rehabilitative counselling (§40).

Conviction bars the offender from custody, guardianship, foster care, or adoption of any child for at least 5 years after sentence completion (R.A. 11596 Anti-OSP Act, 2021).

10. Post-Judgment Support for the Child

Victim Compensation Program – Board of Claims (R.A. 7309); award up to ₱50 000 for physical injuries, collectible from the State.
DSWD After-care Services – education grants, psychosocial therapy, livelihood assistance for the family.
Witness Protection – DOJ WPP covers relocation, subsistence, security, education until the child turns 18 or case ends.

11. Filing a Complaint — Practical Checklist

Gather: child’s birth certificate, medical certificate, photos, two valid IDs of complainant.
Go to: nearest PNP-WCPD (or NBI if police is suspect). Request blotter and Spot Report.
Execute Affidavit: ensure it is in question-and-answer form in Filipino/child’s dialect; attach supporting docs.
Demand issuance of PNP-Referral Form to the City/Provincial Prosecutor.
Coordinate with Social Worker: obtain CIRAF & Social Case Study.
File in Prosecution Office: bring 6 sets of complaint-affidavit & annexes. Secure stamp-received copy.
Attend subpoena-hearings: keep contact details updated; inform prosecutor if you relocate.

Tip: You may skip the barangay level for criminal matters involving children; Katarungang Pambarangay (Lupong Tagapamayapa) has no jurisdiction over child abuse (Lao v. Court of Appeals, G.R. 119178, 1997).

12. Hotlines & Quick-Response Units (24/7)

Service	Number / Platform
PNP WCPD	Dial 911 (nation-wide) or local station
DSWD Child Abuse Hotline	(02) 8-931-9141 / (02) 8-951-2801
Bantay Bata 163	163 (Globe, Smart, Dito)
NBI VAWC & Child Protection Division	(02) 8524-1082
Commission on Human Rights (CHR)	(02) 8921-0441

13. Common Pitfalls & Practitioner Tips

Delayed medical exam weakens causation; insist on exam even if injuries appear minor.
Affidavit gaps – include dates of last and first incidents; continuous abuse may establish the qualifying circumstance of cruelty.
Compromise agreements in the barangay are void; crimes against children are public offenses.
Diversion applies only when the offender is a child (R.A. 9344); never when the victim is a child.
Settlement money does not extinguish criminal liability, but may mitigate damages.

14. Emerging Issues (2023-2025)

Online-facilitated corporal punishment streamed for profit is now prosecuted under R.A. 11930 (Anti-OSAEC) and R.A. 7610.
Protective custody by LGU CCTV operators – DILG MC 2024-012 requires Real-Time Monitoring Centers to directly alert WCPD.
Child victims with diverse SOGIESC – DOJ CEDAW Guidelines 2024 require gender-sensitive handling and consultation with LGBTQI+ CSOs.
Integrated Case Management System (e-ICMS) – rolled out nation-wide in 2025; complainants may track case stages via e-Gov PH SuperApp.

15. Flow Summary (Text-Based “Map”)

Report → Rescue & Medical Exam → Social Worker Intake → (optional) BPO
          ↓                     ↓
       Police Blotter      Case Study
          ↓                     ↓
     Prosecutor (Inquest / PI) ←
          ↓
     Information Filed in Family Court
          ↓
  Arraignment → Pre-trial → Continuous Trial (≤90 days) → Decision
          ↓
 Restitution & After-care  ←  Execution of Penalties

16. Conclusion

The Philippines provides one of the region’s most detailed, child-centred complaint systems for physical abuse, combining criminal prosecution with social welfare, protective custody, and rehabilitative support. Successful cases, however, hinge on prompt reporting, proper medico-legal documentation, and strict adherence to child-friendly procedures at every stage—from rescue to testimony. Victims, guardians, and duty-bearers should therefore memorise the three golden timelines:

24 hours – turnover of rescued child to PNP/DSWD and issuance of a BPO or TPO.
48 hours – completion of medical-legal examination.
90 days – ceiling for full trial in Family Courts.

Meeting these deadlines dramatically boosts both conviction rates and child recovery outcomes. When in doubt, dial 911 or 163—every minute of delay is a minute of risk for the child.

This material is for information only and is not a substitute for personalised legal advice. For urgent cases, consult the Public Attorney’s Office (PAO) or a private counsel immediately.