Criminal Liability for Physical Injuries Inflicted on Minors in the Philippines

This article synthesizes the rules, penalties, procedure, and remedies governing criminal liability when a child (a person below 18 years of age) suffers physical injuries in the Philippines.

I. Core Legal Framework

A. Revised Penal Code (RPC)

Physical injuries are primarily penalized under Title VIII, Chapter Two of the RPC:

Art. 262 – Mutilation
Art. 263 – Serious physical injuries
Art. 264 – Administering injurious substances or beverages
Art. 265 – Less serious physical injuries
Art. 266 – Slight physical injuries and maltreatment by deed

These provisions apply whether the victim is an adult or a minor; however, when the victim is a child, additional special laws and aggravating circumstances can increase liability.

B. Child-Specific Special Laws

R.A. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). Broadly criminalizes physical abuse, cruelty, or any act prejudicial to a child’s development. It often supersedes or runs alongside the RPC by prescribing heavier penalties when the offended party is a child.
R.A. 9262 (Anti-Violence Against Women and Their Children Act). Penalizes physical, sexual, psychological, and economic abuse by an intimate partner against a woman and her child/ren. Provides Protection Orders (BPO/TPO/PPO) and specialized remedies.
Other protective statutes (contextual): R.A. 8369 (Family Courts), the Rule on Examination of a Child Witness, R.A. 9344 (Juvenile Justice and Welfare, relevant if the offender is a child), R.A. 11188 (Children in Armed Conflict), among others.

II. Classifications and Penalties Under the RPC

1) Serious Physical Injuries (Art. 263)

Serious physical injuries are those producing grave or permanent effects. Illustrative categories:

Permanent conditions: insanity, imbecility, impotence, or blindness.
Loss of organ/use: speech, hearing, smell, an eye, hand, foot, arm, leg; or loss of use of any such member/organ.
Deformity or disability: loss of any part resulting in deformity or permanent incapacitation for habitual work.
Prolonged incapacity: illness or incapacity for labor exceeding 90 days.

Penalty notes: The RPC provides tiered penalties (afflictive penalties up to prisión mayor and beyond) calibrated to the gravity (e.g., permanent loss vs. >90-day incapacity). Use of weapons, cruelty, dwelling, and other generic aggravating circumstances can raise penalties one degree.

2) Less Serious Physical Injuries (Art. 265)

Injuries requiring medical attendance or causing incapacity for labor for 10 to 30 days.
Generally punished by arresto mayor (a correctional penalty), subject to aggravating/mitigating circumstances.

3) Slight Physical Injuries and Maltreatment (Art. 266)

Injuries requiring medical attendance or causing incapacity for labor for 1 to 9 days, or that do not incapacitate for labor nor require medical attendance.
Also penalizes maltreatment by deed (ill-treatment without demonstrable injury).
Generally punished by arresto menor and/or fine (light felony), unless absorbed or elevated by special laws (e.g., R.A. 7610).

4) Mutilation (Art. 262)

Deliberate deprivation of an essential organ or essential reproductive capacity; severely punished due to its permanence and gravity.

5) Administering Injurious Substances (Art. 264)

Giving a child harmful substances or beverages producing injury; penalties track the resulting gravity (serious/less/slight).

III. When the Victim Is a Minor: Qualifying and Aggravating Factors

Even within the RPC, generic aggravating circumstances can raise penalties when a child is targeted, such as:

Disregard of age (insult to the respect due on account of age).
Abuse of superior strength, use of deadly weapon, nighttime, in the dwelling, cruelty (deliberately augmenting suffering), by a band, or with aid of armed men.
Relationship may be relevant contextually (e.g., committed by a parent/guardian), and may also connect the case to R.A. 9262 or R.A. 7610, which carry heavier and distinct penalties and civil remedies.

IV. Overlap and Interaction with Special Laws

A. R.A. 7610 (Child Abuse)

Coverage. “Child abuse” includes physical injury, cruelty, or any act that debases, degrades, or demeans a child’s intrinsic worth.
Charging theory. Prosecutors frequently charge under R.A. 7610 when the victim is a minor—even for conduct that would otherwise be slight or less serious physical injuries under the RPC—because R.A. 7610 typically imposes higher penalties and better reflects the protective purpose of the law.
Section 10(a)/(b). Penalizes other acts of neglect, abuse, cruelty or exploitation and other conditions prejudicial to a child’s development (including physical maltreatment), with stiffer penalties than the RPC counterparts.
No need to prove sexual intent for physical abuse; proof of abuse/cruelty suffices.

B. R.A. 9262 (VAWC)

Who may be liable: Any person with whom the woman has or had a dating, sexual, or marital relationship, for acts of violence against the woman or her child.
Physical injuries to the child constitute VAWC when connected to the covered relationship.
Penalties track RPC gravity but are enforced under VAWC, with ancillary reliefs:
- Protection Orders: Barangay (BPO), Temporary (TPO), and Permanent (PPO)
- Stay-away orders, custody/visitation adjustments, firearms surrender, and other measures.
Venue and procedure are streamlined; violations of Protection Orders are separately punishable.

Practical charging: If the offender is a parent/partner, prosecutors often elect R.A. 9262 (or R.A. 7610), or join offenses (without double punishment for the same act), to secure heightened penalties and stronger protective measures.

V. Elements and Proof

A. Elements (baseline for RPC physical injuries)

Offender inflicted physical harm or performed an act causing injury.
Causation: The act caused the injury (medical evidence is key).
Gravity: Proven by medico-legal findings and days of medical attendance/incapacity (for classification).

B. Evidence Commonly Used

Medico-legal certificate detailing injuries, treatment, and days of incapacity.
Photographs/videos, witness testimony, child’s testimony (with special rules).
Behavioral/psychological evaluations (especially under R.A. 7610/9262).
Objects/weapons used; CCTV/body-cam where available.
DSWD social case study reports (for child-protection measures and best interests).

VI. Defenses and Doctrines Affecting Liability

Self-defense / defense of relatives / defense of stranger (complete or incomplete).
Accident without fault.
Lack of intent to injure (mitigating; note: intent is generally not an element for the resulting injury in RPC physical-injuries crimes).
Exempting/mitigating circumstances under the RPC (minority of the offender, illness, passion/obfuscation, voluntary surrender, plea of guilty, etc.).
Privileged mitigating (e.g., minority of the offender under R.A. 9344) affects penalty, not civil liability.
Consent of the offended party is generally not a defense in crimes against minors.

VII. Penalties, Civil Liability, and Ancillary Remedies

A. Penalty Calibration (Overview)

By outcome: permanent loss, deformity, or >90-day incapacity (serious) → afflictive penalties.
10–30 days (less serious) → arresto mayor.
1–9 days/no incapacity (slight) → arresto menor/fine.
R.A. 7610/9262: often higher than the RPC counterpart; qualifying factors (e.g., abuse/cruelty; domestic setting) can raise penalties by one degree or more.

B. Civil Liability

Actual, moral, exemplary damages, and attorney’s fees may be awarded.
Subsidiary liability may attach to employers (for crimes committed in discharge of duties) and, under the Civil Code/Family Code, special parental authority and responsibility (Arts. 218–219, in relation to Art. 2180) can ground civil liability of parents/guardians, schools, and teachers for torts committed by or against children under their supervision (context-dependent).

C. Protection and Social Measures

Protection Orders (BPO/TPO/PPO) under R.A. 9262.
DSWD intervention, temporary shelter, psycho-social services, and referral.
No-contact/Stay-away directives; custody adjustments in the best interests of the child.

VIII. Venue, Jurisdiction, and Procedure

Family Courts (R.A. 8369) have exclusive original jurisdiction over criminal cases where the victim is a minor and over R.A. 7610/9262 cases involving children.
Inquest vs. regular filing: depends on arrest; prosecutors may file Information for the most protective offense (often R.A. 7610 or R.A. 9262).
Barangay conciliation is inapplicable to R.A. 7610 and R.A. 9262 cases and to offenses where the penalty exceeds the barangay’s jurisdiction or where the victim is a minor.
Child-friendly procedures:
- Rule on Examination of a Child Witness: in-camera proceedings, use of live-link television, screens, and support persons; limited face-to-face contact to avoid trauma.
- Confidentiality of records and proceedings; limitations on publication and media disclosure.

IX. Prescriptive Periods (Statutes of Limitations)

Serious physical injuries (afflictive penalties): generally 15 years to prosecute.
Less serious physical injuries (correctional): generally 10 or 5 years depending on the exact penalty imposed (arresto mayor offenses typically 5 years).
Slight physical injuries (light offenses): 2 months to initiate prosecution.
Interruptions occur upon filing of the complaint/Information or upon the offender’s absence from the Philippines, among other statutory rules.

Practice tip: When the victim is a minor, file promptly and consider R.A. 7610/9262 where applicable to avoid the short prescriptive window of light offenses under the RPC.

X. Illustrative Charging Pathways

Neighbor slaps a 14-year-old causing bruises, 5-day rest.
- RPC Art. 266 (slight) on its face; however, if facts show abuse/cruelty or a pattern of maltreatment, R.A. 7610 Sec. 10 may be invoked for heavier penalty.
Parent beats a child with belt causing 20-day incapacity.
- Art. 265 (less serious) + aggravating factors (dwelling, cruelty).
- Alternatively/preferably, R.A. 7610 (physical abuse) or R.A. 9262 (if within the VAWC relationship frame) for stronger penalties and Protection Orders.
Coach forces a 16-year-old to ingest a harmful “supplement,” causing hospitalization >90 days.
- Art. 264 (administering injurious substances) resulting in serious injuries under Art. 263;
- R.A. 7610 for child abuse; civil liability of the school/organization may arise under special parental authority.

XI. Practical Guidance for Counsel and Guardians

Prioritize safety: Seek BPO/TPO immediately where domestic dynamics exist; coordinate with DSWD.
Document early: Prompt medico-legal exam, photographs, and consistent follow-up to accurately fix days of incapacity (which drive penalties).
Choose the right statute: Weigh R.A. 7610/9262 when available—they often provide stiffer penalties and protective remedies than the bare RPC.
Mind prescription: Especially for slight injuries under the RPC; filing under R.A. 7610 may avoid the pitfalls of short limitation periods.
Protect the child witness: Invoke the Rule on Child Witness and confidentiality measures proactively.

XII. Key Takeaways

The RPC classifies physical injuries by result (serious / less serious / slight), with penalties hinging on permanence and days of incapacity.
When the victim is a minor, R.A. 7610 (child abuse) and, where relationally applicable, R.A. 9262 (VAWC) typically enhance criminal liability and unlock protection orders and support services.
Aggravating circumstances (disregard of age, cruelty, dwelling, weapons, superior strength) can raise penalties.
Family Courts, specialized child-witness rules, and confidentiality safeguard the child in proceedings.
Prompt documentation and charging are crucial; select the most protective legal framework available.

This article provides a high-level, practice-oriented overview. For a specific case, assess facts carefully against the elements and penalties of the RPC and the applicable special laws, and consider immediate protective relief for the child.