Note: This article is for general information only and is not a substitute for advice from a qualified Philippine lawyer.
1. Overview
In the Philippines, intentionally causing physical harm to a person below 18 years old is punished under:
- The Revised Penal Code (RPC) – Articles 262-266 on physical injuries.
- Republic Act (RA) 7610, the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.”
- RA 9262, the “Anti-Violence Against Women and Their Children (VAWC) Act,” when the offender is a spouse, former spouse, or person in a dating or common-law relationship with the child’s parent.
- Other special laws where the assailant is a public officer (e.g., Anti-Torture Act, RA 9745) or the case arises in armed conflict (RA 11188).
RA 7610 is the primary child-protection statute: it supersedes the RPC whenever the victim is a minor and the act fits the definition of “child abuse,” even if the injury would otherwise be classified as “slight.” Penalties are automatically higher than those for the same injuries inflicted on an adult.
2. Key Legal Definitions
| Term | Core definition (Philippine law) | Notes |
|---|---|---|
| Child | Any person below 18, or older but unable to fully care for/self-protect due to physical/mental disability (RA 7610) | Age is measured on the date of the offense. |
| Child Abuse | Maltreatment (physical, psychological, or sexual) that harms or threatens the child’s survival, safety or normal development (RA 7610 §3[b]) | Physical injury is a form of child abuse. |
| Parent/Guardian liability | Parents, ascendants, guardians or custodians who inflict injuries may be prosecuted under RA 7610, RA 9262 (if within domestic context) or RPC | Consent or discipline defense is narrowly construed—“reasonable and moderate parental discipline” must not result in injury. |
3. Offenses and Elements
3.1 Physical Injuries under the Revised Penal Code
| Article | Offense | Elements | Penalty (baseline) |
|---|---|---|---|
| Art. 262 | Mutilation | Deliberate deprivation of a limb/essential reproductive organ | Reclusion temporal to reclusion perpetua |
| Art. 263 | Serious physical injuries | Injury that: (1) incapacitates >90 days, (2) causes permanent deformity/loss of use, or (3) endangers life | Prisión mayor to reclusión temporal (graduated by gravity) |
| Art. 264 | Administering injuries in quarrel (serious) | Armed assault in a fight causing serious injuries | Prisión correccional ↑ |
| Art. 265 | Less-serious physical injuries | Incapacitates 10–30 days or requires medical attendance 10–30 days | Arresto mayor |
| Art. 266 | Slight physical injuries | Incapacitation ≤9 days or no incapacity but with violence/ill-treatment | Arresto menor or fine |
Age of the victim is an aggravating circumstance (Art. 14 RPC). Courts may impose penalties in their maximum periods when the victim is under 12.
3.2 Child Abuse under RA 7610
Section 10(a) – “Any person who commits other acts of child abuse, cruelty or exploitation or is responsible for conditions prejudicial to the child’s development…”
| Injury level | Penalty under RA 7610 §10(a) | Comparison with RPC |
|---|---|---|
| Any degree (slight to serious) | Prisión mayor (6 yrs 1 day – 12 yrs) ► plus one degree higher than RPC if the act already constitutes serious or less-serious injuries | Automatically heavier. “Slight” injury to a minor may thus leapfrog to prisión mayor. |
Qualified aggravating circumstance: If the offender is ascendant, parent, guardian, or common-law spouse of the parent—the penalty is imposed in the maximum period.
3.3 Violence Against Women and Their Children (RA 9262)
When the offender has or had an intimate relationship with the child’s mother (or is the mother herself), physical harm to the child is psychological and physical violence under RA 9262.
| Act | Penalty |
|---|---|
| Physical injuries resulting in homicide or serious injury | Reclusion temporal to reclusion perpetua |
| Less-serious or slight injuries | Prisión correccional to prisión mayor |
| Threatening or attempting | Lower range within the same scale |
RA 9262 also provides immediate Barangay Protection Orders (BPOs) and temporary/permanent protection orders issued by courts.
4. Special Procedural Rules
| Stage | Child-protective measure | Basis |
|---|---|---|
| Investigation | – Use of Women and Children Protection Desk (WCPD) officers | |
| – Recording in a child-friendly interview room | ||
| – Presence of DSWD social worker | PNP Memorandum, RA 7610 IRR | |
| Prosecution | – In camera testimonies | |
| – Use of videotaped depositions | ||
| – Guardian ad litem | Rule on Examination of a Child Witness (A.M. No. 00-11-01-SC) | |
| Trial | – Court may employ live-link CCTV testimony | |
| – Exclusion of the public (closed-door trial) | Rule on Child Witness; Sec. 31, RA 7610 | |
| Prescriptive period | Offenses under RA 7610: 10 years from discovery (not from commission) ⟹ tolls while child is below 18 | Art. 90 RPC, RA 7610 §20 |
| Bail | Serious child-abuse cases may be bail-deniable if the penalty is reclusion temporal max to perpetua; otherwise bail is a matter of right or discretion | Sec. 13-14, Art. III Constitution; Sec. 4, Rule 114 |
5. Possible Defenses
- Lack of intent to cause injury – relevant to RPC but not to RA 7610’s broader “maltreatment” definition.
- Reasonable parental discipline – allowed only when moderate and without physical injury. Excessive force voids this defense.
- Accident or self-defense – same requisites as in ordinary criminal cases.
- Mistake in age – not a defense; the State’s policy is to err on the side of child protection.
- Minor offender (Child in Conflict with the Law, CICL) – under RA 9344 (as amended by RA 10630) children below 15 are exempt from criminal liability, and those 15-18 may be exempt if without discernment.
6. Civil & Administrative Liabilities
| Liability | Basis | Typical Damages |
|---|---|---|
| Civil indemnity & moral damages | Art. 100 RPC; Art. 2219 Civil Code | Automatically awarded even w/o proof of mental anguish |
| Exemplary damages | Art. 2230 Civil Code when offense attended by aggravating circumstances | Granted to deter others |
| Special damages (medical costs) | Art. 2199 ff. Civil Code | Actual expenses supported by receipts |
| Administrative sanctions | For public-school teachers/officials, social workers, PNP personnel | DepEd/DSWD/PNP codes of conduct; may include dismissal |
7. Illustrative Jurisprudence
| Case | G.R. No. / Date | Holding |
|---|---|---|
| People v. Pangilinan | G.R. No. 169679, Jan 15 2008 | Slight injuries on a 9-year-old is child abuse; penalty raised to prisión mayor. |
| People v. Corpin | G.R. No. 174476, Sept 14 2011 | Parent’s defense of “discipline” rejected—lashes that left welts found unreasonable; convicted under RA 7610 §10(a). |
| People v. Sumingwa | G.R. No. 184130, Jan 20 2009 | Age of victim (<12) data-preserve-html-node="true" treated as aggravating; serious injuries resulted in reclusión temporal max. |
| AAA v. BBB (VAWC) | G.R. No. 212448, July 10 2017 | Father’s physical abuse of children within marital home prosecuted under RA 9262, separate from mother’s claim. |
These cases confirm that courts liberally construe protective statutes and elevate penalties whenever a child victim is involved.
8. Reporting & Enforcement Workflow
- Immediate rescue / medical care – Barangay tanod or any citizen may effect a warrantless arrest if offense is committed in their presence (§5 Rule 113).
- Report to WCPD of the Philippine National Police within 24 hours.
- DSWD intervention: child assessment, shelter placement, counseling.
- Inquest or preliminary investigation by the Office of the City/Provincial Prosecutor.
- Filing of Information in the Regional Trial Court (Family Court designation) or Municipal Trial Court, depending on imposable penalty.
- Arraignment & pre-trial – child-friendly procedures apply (Rule on Child Witness).
- Trial – priority docket; continuous trial within 180 days (Sec. 15-c, RA 8493; A.M. No. 03-1-09-SC).
- Promulgation & execution of judgment – conviction carries both imprisonment and civil indemnity; probation is normally unavailable under RA 7610.
9. Practical Tips for Guardians & Practitioners
- Document everything (medical certificates, photographs, witness statements) within 24–48 hours.
- Seek an autopsy or medico-legal exam for serious injuries; courts give high probative value to Medico-Legal Report forms.
- Request a Barangay Protection Order immediately if the offender lives with the child (Sec. 14, RA 9262).
- Coordinate with NGOs like Child Protection Network and Bantay Bata 163 for shelter and therapy.
- Mind the prescriptive period—although RA 7610 tolls prescription, complaints should still be filed promptly to preserve evidence.
- Consider civil action simultaneously (Art. 100 RPC) or separately (Art. 33 Civil Code) for damages beyond the criminal indemnity.
10. Conclusion
The Philippines adopts a “zero-tolerance” policy for violence against children. Whether prosecuted under the RPC, RA 7610, or RA 9262, penalties are invariably stiffer than for identical injuries to adults, and procedural safeguards are designed to spare child-victims further trauma.
For anyone facing—or wishing to file—such charges, immediate legal counsel and coordination with child-protection authorities are indispensable.