In the Philippine legal system, the protection of children from abuse, exploitation, and discrimination is a matter of high priority. The primary legislative framework for these cases is Republic Act No. 7610, also known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act." Filing criminal charges in this context requires a clear understanding of the law, the specific acts prohibited, and the procedural journey from the initial report to the courtroom.

1. Understanding the Legal Framework

While the Revised Penal Code (RPC) covers crimes like Statutory Rape and Acts of Lasciviousness, RA 7610 acts as a special law that addresses broader forms of abuse and provides stiffer penalties when the victim is a child (defined as anyone under 18 years of age, or those over 18 but unable to fully take care of themselves).

Key Prohibited Acts under RA 7610:

Child Prostitution and Sexual Abuse: Engaging a child in sexual intercourse or lascivious conduct for money or any other consideration.
Child Trafficking: The recruitment or transport of children for exploitation.
Obscene Publications and Exhibitions: Using a child in pornographic materials or indecent shows.
Other Forms of Abuse: This is a "catch-all" provision (Section 10) that covers physical, psychological, or emotional cruelty, and any act that debases or degrades the dignity of the child.

2. The Preparatory Phase: Gathering Evidence

Before a formal complaint is filed, the quality of evidence is paramount. Because these crimes often occur in private, the legal system places significant weight on:

The Child’s Testimony: In the Philippines, there is no "disqualification by reason of age." If a child can perceive and communicate their perceptions, they are a competent witness.
Medical and Forensic Reports: A physical examination by a Medico-Legal officer from the NBI or the PNP Crime Lab is crucial to document physical injuries or biological evidence.
Psychological Evaluation: Reports from social workers or psychologists can establish "psychological scarring" or emotional trauma, which is vital for proving "Other Forms of Abuse."
Affidavits: Sworn statements from the victim (complainant) and any corroborating witnesses.

3. The Procedural Workflow

Filing a criminal case typically follows a specific trajectory:

Step 1: Reporting to Authorities

The case can be initiated at the Women and Children Protection Desk (WCPD) of any police station. Alternatively, reports can be made to the Department of Social Welfare and Development (DSWD) or the Barangay Council for the Protection of Children (BCPC).

Step 2: Preliminary Investigation

The complaint-affidavits and evidence are submitted to the Office of the City or Provincial Prosecutor.

The Prosecutor determines if there is Probable Cause—meaning a well-founded belief that a crime was committed and the respondent is likely guilty.
The respondent is given a chance to submit a Counter-Affidavit.

Step 3: Filing of "Information"

If the Prosecutor finds probable cause, they file a formal document called an "Information" with the Regional Trial Court (RTC). Since these cases involve minors, they are usually raffled to a designated Family Court.

Step 4: Issuance of Warrant of Arrest

Once the Information is filed, the Judge reviews the record. If satisfied that probable cause exists, the Judge issues a Warrant of Arrest. Most violations of RA 7610 involving sexual abuse are non-bailable if the evidence of guilt is strong.

4. Special Protections During Trial

The Philippine Supreme Court has mandated specific rules to prevent "re-victimization" during the legal process:

The Rule on Examination of a Child Witness: This allows for the use of "Live-Link Television" (CCTV) so the child can testify from a separate room, avoiding direct eye contact with the accused.
Support Persons: The child is allowed to have a parent, social worker, or psychologist sit nearby for emotional support during testimony.
Closed-Door Sessions: To protect the child’s privacy, the court may exclude the public from the courtroom during the child's testimony.
Guardian Ad Litem: If the parents are the perpetrators or are unable to represent the child’s interests, the court appoints a legal guardian to protect the minor.

5. Prescriptive Periods

It is important to note that crimes punishable under RA 7610 have specific periods within which they must be filed. Generally, for serious violations of this Act, the prescriptive period is twenty (20) years. However, legal action should be taken as soon as possible to ensure the integrity of the evidence and the memory of the witnesses.

6. Summary of Penalties

Penalties for violating RA 7610 are severe, often ranging from Prision Mayor (6 to 12 years) to Reclusion Perpetua (20 to 40 years), depending on the gravity of the act and the relationship of the perpetrator to the child (e.g., if the abuser is a parent, ascendant, or guardian, the maximum penalty is usually imposed).