Criminal Liability for Physical Injuries Inflicted on Minors in the Philippines

This article surveys the governing statutes, penalties, aggravating circumstances, special laws, procedure, evidence rules, and practical issues when the victim of physical harm is a child (a person below 18, or over 18 but unable to fully care or protect themselves due to a disability).

1) Core Penal Framework

A. Revised Penal Code (RPC)

Physical injuries are principally punished under the RPC, as amended by Republic Act No. 10951 (which updated penalties but not the structure of the offenses):

Serious Physical Injuries (Art. 263). Liable where harm results in, for example, loss of a sense/organ, incapacity for labor or medical attendance for more than 30 days, deformity, insanity/imbecility, or similar grave outcomes. The specific penalty band depends on the kind and duration of injury.
Less Serious Physical Injuries (Art. 265). Incapacity for labor or medical attendance from 10 to 30 days.
Slight Physical Injuries; Maltreatment (Art. 266). Incapacity/medical attendance from 1 to 9 days, or physical injuries not requiring medical attendance, or ill-treatment of another without causing injury. • Maltreatment of minors is expressly covered here when the offender is entrusted with the child’s care, education, or custody and inflicts cruel or humiliating punishment or deprives the child of nourishment.
Administering Injurious Substances or Beverages (Art. 264). Penalizes the act of administering harmful substances even if no permanent injury results, with penalties tied to the injury actually caused.

Medical-legal yardsticks. The gravity of the RPC offense often turns on (i) nature of the injury (permanent loss, deformity), and/or (ii) period of incapacity for labor or period of medical attendance. Proper, dated medical certificates and, where appropriate, medico-legal reports are critical.

B. Aggravating and Qualifying Circumstances (RPC, Arts. 14–15)

Where the victim is a minor, several aggravating circumstances frequently arise, increasing the penalty within the proper range:

Disregard of age (offended party is a child).
Abuse of superior strength (typical where an adult harms a child).
Dwelling (if committed in the victim’s home).
Relationship (e.g., ascendant, guardian, or one having authority over the child).
Cruelty or ignominy (needless physical suffering or humiliating methods).

These do not create a new offense but can raise the penalty to its maximum period or justify denial of privileged mitigating circumstances.

2) Special Child-Protective Statutes

A. RA 7610 — Special Protection of Children Against Abuse, Exploitation and Discrimination

Who is a child? Below 18, or over 18 but unable to protect self due to a disability or condition.
Covered conduct. “Child abuse” includes physical abuse, cruelty, and other acts prejudicial to a child’s development.
Section 10(a). Penalizes other acts of neglect, abuse, cruelty or exploitation not specifically covered elsewhere; penalties are heavier than their RPC counterparts. Enhanced penalties apply when abuse results in serious physical injuries or death.
Overlap with the RPC. Prosecutors assess whether the facts show abuse or cruelty specifically directed at a child (demeaning, debasing, or cruel treatment). If yes, RA 7610 generally governs; if the incident is an ordinary assault with none of those child-specific elements, the RPC typically applies.
- The Supreme Court has clarified that not every physical harm to a child is RA 7610 child abuse; the act must be shown to be child-specific abuse or committed in a manner demeaning/debasing to the child. Otherwise, charge for the proper RPC physical injury.

B. RA 9262 — Anti-Violence Against Women and Their Children (VAWC)

Applies when the offender has or had a domestic/dating/sexual relationship with the child’s mother, or is the child’s parent or person with whom the child has a common child (for older minors who are parents).
Covers physical harm to the child (not only to the woman).
Offers protection orders (BPO/TPO/PPO) and criminal penalties independent of the RPC; violations of protection orders are separately punishable.

C. Related Child-Protection Regime

Family Courts Act (RA 8369). Designates RTCs as Family Courts for child cases.
Juvenile Justice and Welfare Act (RA 9344, as amended by RA 10630). Governs child offenders; relevant if the accused is a minor (diversion, intervention programs, MACR framework).
DepEd Child Protection Policy (DO 40 s. 2012) and allied issuances ban corporal punishment in schools and prescribe administrative sanctions. While not criminal statutes, violations can be evidence of unlawful maltreatment and can trigger criminal liability under Art. 266 (maltreatment) or RA 7610.

3) Choosing the Proper Charge

When a minor suffers physical harm, prosecutors typically triage as follows:

Is there child-specific abuse or cruelty?
- Yes → Charge under RA 7610 Sec. 10(a) (with penalty calibrated to the result: serious PI, less serious, slight, or death).
- No → Proceed under the RPC article matching the medical/legal classification (Arts. 263/265/266).
Is there a VAWC relationship nexus?
- If the offender falls within RA 9262’s relationship coverage, VAWC may be charged instead of or in addition to the RPC (subject to double jeopardy rules and the same-act-same-offense test).
Special modes. If harm was caused by administering a substance → consider Art. 264; if the injury amounts to mutilation → Art. 262.

4) Elements, Proof, and Defenses

A. Core Elements (typical)

Identity of the accused.
That the victim is a minor (birth certificate, school record, or sworn parent/guardian testimony).
Infliction of physical harm (medical certificate, photographs, medico-legal report, testimony).
Causation linking the accused’s act to the injury (doctor’s testimony can be crucial).
For RA 7610: proof that the act amounts to abuse/cruelty or is prejudicial to the child’s development, not merely a generic assault.

B. Evidence & Child-Sensitive Procedures

Medical documentation must state diagnosis, treatment given, and period of medical attendance/incapacity (indispensable to fix the offense level under the RPC).
Rule on the Examination of a Child Witness allows facilitated testimony, videotaped depositions, child-friendly courtrooms, and protective measures (e.g., screens, one-way mirrors).
Privacy & anonymity: courts and prosecutors must avoid unnecessary disclosure of a child’s identity; media naming is restricted by law and ethics codes.
Protection Orders (RA 9262) can be secured ex parte; violation is a separate crime.

C. Defenses Commonly Raised

Justifying/Exempting circumstances (self-defense, accident, lack of intent, mental state defenses).
Reasonable discipline vs. corporal punishment. Philippine law recognizes parental authority but rejects cruel or humiliating punishment; where discipline crosses into cruelty or injury, criminal liability can attach under Art. 266 (maltreatment) or RA 7610.
Absence of medical proof of incapacity/attendance (may reduce the offense level to slight physical injuries).
Good faith/absence of cruelty in school or custodial settings is often litigated—but administrative norms (e.g., DepEd DO 40) set strict lines against corporal punishment.

5) Penalties (Guideposts)

Exact penalty ranges depend on the article violated, the specific result, and any aggravating/mitigating circumstances. RA 10951 updated many RPC penalties to current peso values and imprisonment ranges; RA 7610 and RA 9262 state penalties by reference to prision terms (e.g., prision correccional, prision mayor), with higher penalties when serious injuries or death occur.

Illustrative principles:

RPC Articles 263/265/266. Penalty increases with severity (e.g., permanent disability or >30-day incapacity) and can be pushed to the maximum period by aggravating factors (child victim, cruelty, dwelling, relationship).
RA 7610 Sec. 10(a). Baseline penalty is heavier than the analogous RPC offense; further increased if the act results in serious physical injuries or death.
RA 9262. Imposes penalties independent of the RPC; each violation of a protection order is a separate punishable act.

6) Concurrence, Complex Crimes, and Civil Liability

Concurrence/Special laws vs. RPC. Prosecutors avoid double punishment for the same act and elements, but may charge in the alternative at filing and proceed under the statute that the evidence fits at trial.
Complex crimes (e.g., physical injuries with another felony) may be appreciated where the facts permit under Art. 48.
Civil liability automatically arises from the crime (RPC, Art. 100): actual damages (medical bills, therapy), moral, exemplary, and temperate damages as warranted; support or rehabilitation costs for the child may be awarded upon proof.

7) Venue, Jurisdiction, and Prescription

Venue: where the crime was committed (or any element occurred).
Jurisdiction: Family Courts (designated RTCs) try child-related cases; MTC/MTCC may handle slight/less serious injuries unless covered by special laws vesting jurisdiction in RTCs.
Prescription:
- RPC offenses prescribe based on their penalty (e.g., slight physical injuries prescribe quickly; serious offenses take longer).
- Special laws like RA 7610 generally follow Act No. 3326 (prescription tied to penalty class), resulting in longer periods than slight RPC offenses. Early complaint filing interrupts prescription.

8) Procedure & Practical Steps for Guardians and Practitioners

Immediate care & documentation. Obtain medical treatment at once; ask the physician to note dates and estimated incapacity. Keep receipts, photos, and incident notes.
Report to authorities.
- Police (blotter + complaint), Barangay (for VAWC-related incidents, BPO).
- DSWD / LGU social worker for safety planning and referrals.
- School (if incident is school-related), in line with DepEd protocols.
Protection orders (VAWC cases): BPO from barangay; apply for TPO/PPO in court.
Inquest or preliminary investigation. Bring medical certificate, proof of age, photos, witness statements.
Witness protection & child-sensitive measures. Request special accommodations under the Rule on Child Witnesses; ask prosecution to move for closed-door hearings or protective orders to shield identity.
Restitution & damages. Prepare documentation for actual, moral, and exemplary damages; consider psychological evaluation for moral damages and to support RA 7610 elements where cruelty/debasement is alleged.

9) Common Fact Patterns & Charging Notes

Teacher or coach physically punishes a student. Likely Art. 266 (maltreatment) or RA 7610 if the act is cruel/humiliating or prejudicial to development; school administrative sanctions may also ensue.
Parent “discipline” resulting in injuries. If cruel, humiliating, or injurious, expect Art. 266 or RA 7610; mere “discipline” is not a defense to cruel or injurious punishment.
Domestic setting involving the child’s mother and partner. Consider RA 9262 (child as direct victim, or exposure to violence), alongside RPC.
One-off scuffle causing 5 days medical attendance. Typically slight under Art. 266, unless facts show child-specific cruelty, in which case RA 7610 may apply.
Forced ingestion of spicy/harmful substances. Assess under Art. 264, with result-based penalties, and test for RA 7610 cruelty overlay.

10) Sentencing, Probation, and Post-Conviction

Aggravation (age, cruelty, relationship) commonly pushes penalties to the maximum period.
Probation may be available depending on the imposable penalty and the presence of disqualifications (e.g., certain VAWC or RA 7610 convictions may still qualify depending on the final sentence).
Protective conditions (no contact, stay-away, counseling) can be integrated in probation or as ancillary orders.

11) Compliance, Prevention, and Institutional Duties

Mandatory reporting & protocols. Schools, barangays, and LGUs have protocols for child abuse cases (intake, referral to social workers, safety planning).
Record-keeping. Maintain chain-of-custody for photos, medical records, and digital communications (messages, CCTV).
Training & policies. Institutions working with children should adopt internal no-corporal-punishment rules, staff training, and incident reporting pipelines consistent with RA 7610 and DepEd issuances.

12) Key Takeaways

Start with the medical classification (period of incapacity/attendance and nature of injury) to fix the RPC baseline.
Test for RA 7610: if the act is cruel, demeaning, or prejudicial to a child’s development or committed by a person entrusted with the child’s care, RA 7610 generally supersizes the penalty.
Consider VAWC when the relationship nexus exists; pursue protection orders early.
Aggravating factors (age, relationship, dwelling, cruelty) are routinely present and materially affect sentencing.
Child-sensitive procedures protect the victim and strengthen the case; use them.

Helpful Checklist (for case-building)

Proof of age of the victim
Medical certificate/medico-legal with dates & incapacity/attendance
Photos/CCTV/forensic documentation
Narrative of circumstances showing abuse/cruelty (for RA 7610)
Relationship facts (for RA 9262 or aggravation)
Protection orders sought (if applicable)
Social worker involvement and safety plan
Witness handling under the Rule on Child Witnesses

This article is an educational overview. For charge selection, penalty computation, and litigation strategy in a specific case, consult counsel with the full medical and factual record.