Criminal Liability for Physical Injuries Inflicted on a Minor in the Philippines

Updated for Philippine statutes and rules in force through 2024. This is an educational overview, not a substitute for case-specific legal advice.

1) Who counts as a “minor”?

Under Philippine law, a child/minor is a person below eighteen (18) years old. Many child-protection statutes also treat as “children” those 18 or older but unable to fully care for or protect themselves because of a physical or mental disability.

2) Primary legal frameworks

A. Revised Penal Code (RPC)

The RPC criminalizes intentional and negligent physical injuries and classifies them by gravity:

Article 262 – Mutilation (loss of a reproductive organ or other intentional mutilation).
Article 263 – Serious Physical Injuries (permanent disability/deformity; loss of use of limbs/senses/organs; or long incapacity).
Article 265 – Less Serious Physical Injuries (temporary incapacity/medical attendance within a shorter period).
Article 266 – Slight Physical Injuries and Maltreatment (very short incapacity or ill-treatment not causing injury).
Article 365 – Criminal Negligence (Reckless/ Simple Imprudence) (injuries caused by negligence).

Key idea: The seriousness of the injury (and thus the penalty) often turns on (i) the kind of harm (e.g., loss of eye/limb, deformity) or (ii) how long the victim was incapacitated or needed medical attendance.

B. Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610)

Covers physical abuse and “other acts of neglect, abuse, cruelty or exploitation and other conditions prejudicial to a child’s development.” When conduct amounts to child abuse, RA 7610—being lex specialis—typically supersedes the RPC and imposes stiffer penalties.

C. Anti-Violence Against Women and Their Children Act (RA 9262)

Penalizes physical harm (and other abuses) inflicted by a child’s father or the intimate partner of the child’s mother (current or former spouse/partner, or one with whom the woman has a sexual/dating relationship). It provides Protection Orders (BPO/TPO/PPO) and special venue rules.

D. Anti-Hazing Act (RA 11053)

When physical injuries arise from hazing or initiation rites, this statute imposes graduated penalties up to the highest ranges, with increased penalties where the victim is a minor and for those who plan, participate in, or fail to prevent hazing.

E. Juvenile Justice and Welfare Act (RA 9344, as amended by RA 10630)

Sets the minimum age of criminal responsibility at 15. Children 15 or below are exempt from criminal liability. Those over 15 but below 18 are exempt unless acting with discernment; proceedings prioritize diversion and restorative justice.

F. Family Courts and Child-Sensitive Procedures

RA 8369 vests Family Courts with exclusive jurisdiction over cases involving minors.
The Rule on Examination of a Child Witness (A.M. No. 00-11-01-SC) authorizes child-sensitive testimony (e.g., live-link/CCTV testimony, support persons, special hearsay exceptions).
Various protective measures safeguard a child’s privacy and safety throughout investigation and trial.

3) Elements of the main offenses

A. RPC physical injuries (intentional)

Offender inflicts bodily harm;
Result fits one of the RPC classifications (serious/less serious/slight), measured by nature of harm and/or days of incapacity/medical attendance;
Intent to inflict the act (malice) is present (not necessarily intent to cause the exact degree of harm).

B. RPC physical injuries (negligent) – Art. 365

Act/omission amounting to reckless or simple imprudence;
Violation of a duty of care;
Causal link to the injuries sustained by the child.

C. RA 7610 (child abuse)

Victim is a child;
Act constitutes abuse/cruelty/neglect or otherwise prejudices the child’s development, which includes physical abuse;
Intent to debase, degrade, or demean is often examined in jurisprudence to distinguish ordinary RPC injuries from child abuse under RA 7610;
Penalty is higher than comparable RPC penalties.

D. RA 9262 (VAWC – as to “children”)

Qualifying relationship: the offender is the woman’s spouse/partner/ex-partner or the father of the child;
Act: physical harm (among others) against the woman or her child;
Specific acts and violations of Protection Orders are punishable, with special venue (e.g., where the victim resides).

E. RA 11053 (hazing)

Initiation or practice of hazing;
Participation, planning, or consent by officers/members of the organization and school/community officials in certain cases;
Injury or death results. Penalties escalate, and involving a minor aggravates liability.

4) Classifications of injuries under the RPC (practical guide)

Proving “days of incapacity/medical attendance” is crucial. Medical certificates, doctor’s notes, and credible testimony determine whether an injury is serious, less serious, or slight. If the prosecution cannot prove the days, courts often convict for a lesser classification that the evidence supports.

Serious Physical Injuries (Art. 263) Typical grounds include:
- Permanent disability/deformity; loss of an eye/ear/limb; loss of speech/hearing/smell; or loss of a principal organ.
- Prolonged illness or incapacity beyond the shorter thresholds (courts commonly use more than 30 days as serious; more than 90 days can trigger higher penalty brackets within “serious”).
Less Serious Physical Injuries (Art. 265)
- Temporary incapacity or medical attendance generally 10 to 30 days.
Slight Physical Injuries and Maltreatment (Art. 266)
- Incapacity or medical attendance typically 1 to 9 days, or ill-treatment without actual injury (e.g., slapping or pinching causing pain but no clinical injury).

Mutilation (Art. 262), where present, is treated separately and severely.

5) Aggravating, qualifying, and related circumstances

Victim’s tender age: Under the RPC’s aggravating circumstances, disregard of the respect due to the offended party on account of age can increase the penalty to a higher period.
Relationship: Acts by parents, guardians, or custodians, or by a person having moral ascendancy (e.g., teacher, coach, religious leader), often qualify as child abuse (RA 7610), or fall under RA 9262 if the offender is the father or the mother’s partner.
Use of weapons/treachery/cruelty: May aggravate the penalty or qualify the offense.
Hazing: Involving a minor or causing serious injuries significantly elevates penalties under RA 11053.
Multiple victims: Normally one count per victim; a single act causing multiple felonies may trigger complex-crime rules in limited scenarios.
Public officers: If the offender is a state agent and the act constitutes torture or inhumane treatment, additional statutes (e.g., Anti-Torture Act) may apply.

6) Defenses and limits

Justifying/exempting circumstances (self-defense, defense of a relative/stranger, lawful exercise of duty, accident without fault, lack of intent) apply in child cases, but courts scrutinize carefully given the victim’s vulnerability.
“Parental discipline” is not a license to inflict injuries. Corporal punishment that demeans, humiliates, or harms a child can qualify as abuse under RA 7610 or fall under RPC/RA 9262.
Consent of the minor is not a defense to criminal liability for physical injuries.
Desistance/affidavit of desistance by the guardian does not automatically dismiss criminal cases; crimes are offenses against the State.

7) Procedure, reporting, and protection

A. Reporting & initial response

Police Women and Children Protection Desks (WCPD), DSWD, and barangay offices receive reports.
Immediate medical attention and medico-legal examination preserve evidence (photos of injuries, treatment records).
Protective custody/shelter may be arranged for the child where needed.

B. Investigation & filing

Inquest (for arrests without warrant) or preliminary investigation (complaint-affidavit with evidence).
Venue: Generally where the crime occurred; RA 9262 also allows filing where the victim resides.
Family Courts hear cases involving minors; judges may issue Protection Orders (especially under RA 9262) and no-contact directives.

C. Child-sensitive evidence

Medical certificates and doctor testimony on the degree and days of incapacity are pivotal.
The Rule on Child Witness enables:
- CCTV/live-link testimony, support persons, screening in court;
- Hearsay exceptions for statements to medical/social-work professionals;
- Closed-door proceedings and confidentiality of identity/records.

D. Barangay conciliation

Not applicable to RA 7610, RA 9262, or offenses with penalties exceeding one (1) year or fines above statutory thresholds. Minor RPC slight physical injuries between residents may be referable to barangay conciliation, but child-abuse contexts typically fall outside conciliation.

8) Penalties (orientation guide)

Exact penalty brackets depend on the proven classification, qualifying/aggravating circumstances, and special law invoked. Below is a general orientation:

RPC – Serious Physical Injuries: ranges from prisión correccional (6 months and 1 day to 6 years) up to prisión mayor (6 years and 1 day to 12 years) depending on the specific result (e.g., permanent disability vs. prolonged incapacity).
RPC – Less Serious: typically arresto mayor (1 month and 1 day to 6 months).
RPC – Slight: typically arresto menor (1 day to 30 days) or fine, especially for maltreatment without injury.
Art. 262 (Mutilation): severe penalties within afflictive ranges.
RA 7610: generally imposes higher penalties than the RPC for comparable conduct (often in the prisión mayor range when child abuse is established).
RA 9262: penalties vary by act and by violations of Protection Orders, often prisión correccional to prisión mayor, plus mandatory counseling and continuous trial directives.
RA 11053: graduated penalties; injuries to a minor substantially increase penalties; death or severe results can reach the harshest statutory ranges.

Accessory penalties (e.g., disqualification), indeterminate sentence law, probation (generally unavailable if the maximum imposable penalty exceeds 6 years), and good conduct time allowances apply in accordance with general penal rules.

9) Prescription of crimes (time limits to prosecute)

Under Article 90 (RPC) and general rules:

Light offenses (e.g., most slight physical injuries) generally prescribe in 2 months.
Offenses punishable by arresto mayor (e.g., less serious physical injuries) prescribe in 5 years.
Offenses punishable by prisión correccional prescribe in 10 years.
Offenses punishable by prisión mayor prescribe in 15 years.
Many RA 7610 prosecutions (often prisión mayor) follow the 15-year rule; RA 9262 counts depend on the specific imposable penalty but often fall within 10–15 years.

Practical point: If evidence of “days of incapacity” is weak, the case may be reduced to a lesser classification that still falls within a longer prescriptive period; prosecutors should time-bar-check both the higher and fallback charges.

10) Civil liability and restitution

A criminal conviction carries civil liability:

Actual damages (medical, therapy, transport, assistive devices), loss of earning capacity (if applicable), moral and exemplary damages, and attorney’s fees where justified.
Parents/guardians/educational institutions/employers may incur vicarious liability under the Civil Code (e.g., Art. 2180) when injuries are caused by minors or employees under their custody/supervision if negligence is shown.
Restitution can include rehabilitation and counseling costs for the child.

11) Special contexts and overlaps

School violence/bullying (RA 10627): mandates school policies, reporting, and interventions. While it is not a penal law by itself, injury-causing acts can still be prosecuted under RPC/RA 7610/RA 11053, with possible administrative liability for school officials who fail to act.
Sports and contact activities: Assumption of risk does not excuse excessive force or conduct outside the rules, which can still yield criminal liability.
Workplace/child labor (RA 9231): Injuries stemming from prohibited child labor activities may generate independent offenses and civil/administrative liability.
Weapons/firearms: Separate offenses (e.g., illegal possession) may attach when weapons are used.

12) Evidence and case-building checklists

For complainants/guardians:

Obtain immediate medical care and request a medical certificate stating nature of injuries and days of incapacity/medical attendance.
Preserve photos/videos, clothing, messages, CCTV, and witness details.
Report to WCPD/DSWD; request Protection Orders (RA 9262) if the perpetrator is a parent or the mother’s partner.
Keep receipts for costs (medicines, therapy, transport).

For investigators/prosecutors:

Nail down injury classification with doctor testimony; consider fallback charges.
Assess special-law coverage (RA 7610; RA 9262; RA 11053).
Evaluate aggravating factors (age disrespect, treachery, use of weapon, custodial relationship).
Apply child-sensitive procedures for interviews and testimony.

13) Frequently asked practical points

Is a medical certificate required? Not strictly to prove that some injury occurred, but it is often indispensable to prove the degree (serious/less/slight) and days of incapacity.
Can the case be settled? Crimes are offenses against the State. Private settlements or affidavits of desistance do not bind prosecutors or courts. Some light offenses may be barangay-conciliable, but child-abuse statutes are not.
Where to file? Usually where the offense occurred; RA 9262 allows filing where the victim resides. Family Courts handle cases involving children.
If the offender is also a minor? RA 9344 applies: assess age and discernment; favor diversion/restorative justice and intervention programs.

14) Strategic charging: RPC vs. RA 7610 vs. RA 9262

If the perpetrator is the father or the mother’s partner, RA 9262 often provides the most fitting framework (plus Protection Orders and venue advantages).
If the offender is a parent/guardian/teacher/coach and the act demeans or prejudices the child’s development, RA 7610 typically trumps the RPC, with harsher penalties.
If the offender is unrelated and the evidence shows injury without child-abuse hallmarks, prosecutors may proceed under the RPC physical-injury articles, while still invoking aggravating circumstances (disregard of age, cruelty, use of weapon).
Hazing contexts should default to RA 11053, with the RPC and RA 7610 as subsidiary or overlapping bases if appropriate.

15) Bottom line

The Philippines maintains layered protection for minors: the RPC sets the baseline for physical injuries; RA 7610 and RA 9262 elevate penalties where child abuse or domestic/intimate partner contexts exist; RA 11053 addresses hazing with severe consequences, especially for minor victims. Successful prosecution hinges on clear medical proof of injury classification, correct statute selection, and child-sensitive procedures that protect the victim while preserving the accused’s fair-trial rights.