Criminal Charges for Physical Injury to a Minor in the Philippines (A comprehensive legal-practice guide as of mid-2025)
1. Statutory Landscape
| Source of law | Key provisions touching physical injury to a minor | Salient points |
|---|---|---|
| Revised Penal Code (RPC), Arts. 262-266, 365 | Mutilation; serious, less serious, slight physical injuries; criminal negligence | Baseline definitions and penalties. “Minor” per se is not a separate offense, but being under 12 years (Arts. 263 & 266) or under 18 with qualifying circumstances can raise the penalty or act as an aggravating circumstance. |
| R.A. 7610 (1992) – Special Protection of Children Against Abuse, Exploitation & Discrimination | §3(b) child abuse; §5(b) other acts of neglect, cruelty or exploitation; §10(a) & §10(b) penalties | Creates the stand-alone felony of child abuse. Any act that results in “physical harm” on a child below 18 done by any person or one having care/custody triggers R.A. 7610, the penalty of which is one degree higher than that under the RPC, but not less than prisión mayor in its minimum period. |
| R.A. 9262 (2004) – Anti-VAWC | §3(a); §5(a),(f) | Covers injury to a woman or her child (legitimate, illegitimate, under foster care, or living in the same household). Graduated penalties from prisión correccional to prisión mayor depending on gravity of injury. Protective orders (BPO/CPO/TPO) may issue in 48 h. |
| R.A. 9745 (2009) – Anti-Torture | Physical injuries inflicted by persons in authority or their agents; heavier when victim is minor. | |
| R.A. 9344, as amended by R.A. 10630 – Juvenile Justice & Welfare | Governs minors as offenders: children ≤ 15 yo exempt; 15 < age ≤ 18 are exempt if acting without discernment (diversion), otherwise prosecuted but always in Family Court and separated from adults. | |
| Rules on the Examination of a Child Witness (A.M. No. 004-07-SC) | Child-friendly testimony procedures: CCTV, live-link testimony, support persons, and closed-door hearings. | |
| R.A. 11648 (2022) & R.A. 11930 (2022) | Primarily address sexual offenses, but underscore the State policy against any physical violence toward children and cross-reference R.A. 7610 for bodily injuries in trafficking/OSAEC contexts. | |
| Child-Protection Rules (DepEd Order No. 40-2012) | Administrative duties of schools; child-protection committees; separate from criminal liability. |
International anchors: U.N. Convention on the Rights of the Child (CRC); General Comment No. 13 (Right to be free from all forms of violence). Although not self-executory, they inform statutory construction and the “best-interest-of-the-child” principle under Art. 3, §§1-2, 1987 Constitution.
2. Core Offense Definitions under the RPC
| Classification | Requisite harm / incapacity | Base penalty (post-R.A. 10951) |
|---|---|---|
| Serious physical injuries (Art. 263) | (a) >30 days incapacity or >90 days medical attendance; (b) loss of use of organ, limb, eyesight, etc.; (c) deformity; (d) insanity, imbecility, impotence, blindness | (a) prisión mayor (§1); (b-d) prisión correccional to prisión mayor, plus > ₱100k-₱300k fine |
| Less serious (Art. 265) | 10-30 days incapacity or medical attendance | Arresto mayor & ₱20k-₱100k fine |
| Slight (Art. 266) | (a) 1-9 days; (b) none but “outrage or pain” | Arresto menor or fine ≤ ₱40k |
| Mutilation (Art. 262) | Intentional crippling or removal of organ | Reclusión temporal to perpetua |
| Criminal negligence (Art. 365) | Injury caused by imprudence | Graduated fines and penalties, plus possible civil indemnity |
When the victim is under 12 (or under 18 with qualifying aggravations) the penalty is normally raised one degree; if prosecuted under R.A. 7610 §10(b), it is raised yet another degree but not lower than prisión mayor minimum.
3. Choosing the Proper Charge: RPC v. R.A. 7610 v. R.A. 9262
- General rule: If the accused’s act is motivated by or results in exploitation, cruelty, or abuse of a child below 18, the DOJ and courts prosecute under R.A. 7610, not merely the RPC.
- Domestic setting: If the offender is a spouse/partner and the child is part of the woman’s household, R.A. 9262 prevails; Supreme Court has held that VAWC is malum prohibitum requiring only proof of the relationship and the violent act.
- “Subsidiary” application of the RPC: The RPC’s injury articles are used when (a) the victim is 18+, or (b) the offender is also a minor and diversion is unavailable, or (c) prosecution opts for the lesser charge for strategic reasons (e.g., plea-bargaining).
- **Doctrine of People v. Bustinera (1992) and amplified in People v. Abella (2018): Child-abuse law is a special law that prevails over general provisions; conviction under R.A. 7610 bars prosecution for the same act under the RPC (double jeopardy).
4. Elements & Proof Check-List
| Element | Typical proof |
|---|---|
| Victim is a child (< 18) | PSA birth certificate; baptismal record; passport; testimony of parent |
| Physical harm inflicted | Medico-legal certificate; photographs; doctor’s testimony; body map |
| Causation & intent/negligence | Eyewitness; CCTV; confession; dangerous weapon recovered |
| Relationship/qualifying circumstance | Marriage certificate; barangay certification of cohabitation; class records for teacher-student; employer’s record |
| Absence of justifying circumstance (e.g., self-defense) | Negative fact, but prosecution must negate plausible defenses via cross-examination |
Special procedural rules permit video-recorded in-camera interviews by prosecutors and live-link testimony at trial; refusal to appear cannot be used to dismiss the case where the minor’s affidavit is sufficient for probable cause (Sec. 5, R.A. 7610; A.M. No. 004-07-SC).
5. Penalty Computation—Illustrative Matrix
(Assumes no generic aggravating/mitigating circumstances apart from the child-specific ones)
| Scenario | Governing law | Computed penalty |
|---|---|---|
| Teacher slaps 10-y/o, causing 12-day medical leave | R.A. 7610 §10(b)(2) (less serious injury, aggravating custodial relationship) | Prisión mayor min. (6 yrs & 1 day – 8 yrs) & fine ≧ ₱100k |
| Stepfather beats 7-y/o causing skull fracture | R.A. 9262 §5(a) & §6 | Prisión mayor max. (10 yrs & 1 day – 12 yrs) + protection order & mandatory counseling |
| 17-y/o gang member stabs 16-y/o rival; victim in ICU 45 days | RPC Art. 263(1), but offender is child in conflict with law (CICL) aged > 15 < 18 with discernment | Tried in Family Court; if guilty, suspended sentence and intervention, else commitment to DSWD facility; civil indemnity still awarded |
| Security guard fires warning shot, ricochet wounds 8-y/o (imprudence) | RPC Art. 365 (serious injuries by reckless imprudence); offended party is a minor; age is aggravating | Prisión mayor min. – because serious injuries + minor; accessory penalties may include firearm revocation |
6. Civil Liability & Restitution
- Civil action ex delicto is deemed impliedly instituted with the criminal action (Rule 111, Rules of Criminal Procedure).
- Compensatory damages: actual hospital/rehab bills; loss of earning capacity (even for a child, computed using accepted jurisprudential formula, substituting 18 as starting working age).
- Moral damages: routinely awarded to minors subjected to violence without need of proof of pecuniary loss.
- Exemplary damages: when the act is aqualifying crime under R.A. 7610 or committed with aggravating circumstance.
- Restitution & counseling costs may be imposed under R.A. 9262 & R.A. 7610.
7. Prescriptive Periods
| Offense | Period (Art. 90 RPC / special law) | Tolling rules for minors |
|---|---|---|
| RPC serious injuries | 15 years | Period suspended until victim turns 18 if injury is part of child abuse (People v. Rolando Reyes, 2018) |
| RPC less serious | 10 years | Same suspension doctrine applies when covered by R.A. 7610 |
| Child abuse under R.A. 7610 | 10 years (Sec. 21) | Clock starts upon discovery OR when child reaches 18, whichever is later |
| VAWC physical injuries | 20 years (Sec. 24) | Period accrues from commission, not from discovery, but Supreme Court allows continuing offense theory for repeated abuse |
8. Defenses & Mitigating Factors
- Proper parental discipline (Art. 220 Civil Code) is NOT a defense when punishment is cruel, degrading, or results in injury (Sec. 3[b] R.A. 7610).
- Accident (Art. 12 [4] RPC) requires lack of fault and presence of due care.
- Self-defense or defense of relatives (Art. 11 [1]-[2]) rarely avails where the victim is a small child because of rational-necessity element.
- Privilege mitigating circumstance when the offender is a minor (Art. 13 [2])—the penalty is reduced one degree lower still than that fixed by law.
9. Procedural Road-Map
Reporting & Intake
- Any person may report; teachers, physicians and social workers are mandatory reporters (§32 R.A. 7610).
- Barangay Protection Order (BPO) application may accompany the criminal complaint when VAWC is involved.
Investigation
- DSWD social worker & WCPD (Women and Children Protection Desk) of the PNP conduct joint interview; only one “substantive” interview is permitted to avoid re-traumatization.
- Medical-legal examination must be completed within 24 h of report; chain of custody for photographic evidence is essential.
Filing
- Complaint-Affidavit lodged before the Office of the City/Provincial Prosecutor. For VAWC, baranggay conciliation is not a prerequisite.
Inquest or Preliminary Investigation
- Inquest if warrantless arrest within 36 h; otherwise PI.
- Child may testify through sworn written statement taken in presence of a psychologist or social worker.
Arraignment & Trial
- Family Court or RTC acting as such hears R.A. 7610, VAWC, and crimes where victim is ≤ 18.
- Trial period shortened under the Rules on Child Witness; continuous trial; in-camera cross-examination may be ordered.
Judgment & Sentencing
- Penalty computed per tables above; accessory penalties include suspension of parental authority (Art. 45 RPC; Sec. 9 R.A. 9262).
- Probation is not available for crimes punished by prisión mayor or when the offender is a recidivist; CICLs may obtain suspended sentence.
Post-conviction remedies
- Restorative justice conferencing under R.A. 9344 (for CICL) may run parallel with appeal processes.
- Victim may claim Victim Compensation Program (R.A. 7309) if offender is insolvent.
10. Jurisprudential Highlights
| Case | G.R. No. | Doctrinal takeaway |
|---|---|---|
| People v. Bustinera (En Banc, 1992) | 103305 | R.A. 7610 is a special law; physical injuries on a child fall under §10 even if RPC penalties appear lower. |
| People v. Abella, 775 Phil. 253 (2015) | 195331 | Husband’s beating of stepson while cursing him is child abuse; penalties one degree higher than serious injuries. |
| Herrera v. People (2021) | 242183 | Custodial grandmother’s “disciplinary slaps” that left bruises are child abuse, not exempt disciplinary act. |
| People v. Gacic-Antolin (2023) | 256712 | One-year prescription for slight injuries suspended until victim (aged 9) turned 18 because of R.A. 7610 policy. |
| Domingo v. People (CA-G.R. CR-HC 10769, 2024) | — | Use of body-worn camera by police in child-abuse arrest upheld; no search-warrant violation. |
11. Intersection with Administrative & Civil Child-Protection Regimes
- DepEd: Teacher who inflicts corporal punishment faces dismissal (Child-Protection Policy §17), separate from criminal prosecution.
- Professional licensing boards (PRC, PNP Internal Affairs, etc.) may revoke licenses for conviction or even finding of guilt by administrative tribunal.
- DSWD may file for temporary or permanent custody (Rule 99, Rules of Court) when parents are offenders.
12. Latest Trends & Practice Pointers (2024-2025)
- Body-worn cameras and Safe Spaces Act CCTV ease proof of causal linkage; prosecutors increasingly rely on digital evidence.
- Courts are stricter on plea-bargaining—from serious injuries to slight injuries—when the victim is a minor; plea is generally disallowed unless the child and prosecution expressly consent.
- Mental-health injuries (e.g., PTSD) are now accepted as “serious” under Art. 263(2) if supported by psychiatric evaluation.
- Online violence: where live-streamed beatings occur, charges for Child Sexual Abuse Material (CSAM) under R.A. 11930 may co-exist.
- Restorative approaches: Family Courts pilot mediation for non-serious injuries involving teenage offenders, consistent with UN Standard Minimum Rules (Beijing Rules).
13. Quick-Reference Checklist for Practitioners
- Identify the correct statute (RPC vs. R.A. 7610 vs. R.A. 9262).
- Secure birth certificate early—age is jurisdictional.
- Obtain medico-legal within 24 h; follow PNP-WCPD protocol on photography.
- Use the one-time interview rule to preserve child-friendly procedures.
- Consider protective orders immediately (BPO/TPO/CPO) if domestic setting.
- For CICLs, evaluate discernment and diversion eligibility pre-filing.
- Compute civil damages alongside criminal charge; attach documentary proof.
- Anticipate suspended prescription—use it to defeat motions to quash on staleness.
Conclusion
Physical injury cases where the victim is a minor are governed by an intricate lattice of the RPC, child-protective special laws, and evolving procedural safeguards. The practitioner must skillfully choose the proper charge, marshal child-sensitive evidence, and navigate both penal and welfare tracks. With recent jurisprudence expanding the protective mantle and technology offering new evidentiary tools, accountability for violence against children has never been more robust—yet it demands meticulous, child-centered lawyering to achieve both punishment of offenders and holistic recovery for young victims.