Republic Act No. 7610, also known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act," is a landmark piece of Philippine legislation. It provides a robust legal framework to protect minors—defined as anyone under 18 years of age, or those over 18 but unable to fully take care of themselves due to physical or mental conditions—from all forms of violence and cruelty.

What Constitutes Child Abuse under RA 7610?

Child abuse is not limited to physical strikes. Under the law, it encompasses:

Physical Abuse: Any non-accidental physical injury, including hitting, kicking, or burning.
Psychological/Emotional Abuse: Conduct that causes mental or emotional suffering.
Sexual Abuse: Acts of lasciviousness or sexual exploitation.
Neglect: Failure to provide basic needs (food, clothing, medical care).
Cruelty: Any act that debases, degrades, or demeans the intrinsic worth and dignity of a child.

Who Can File a Complaint?

In the Philippines, the reporting of child abuse is a matter of public interest. While the victim is the primary complainant, RA 7610 allows several parties to initiate the process:

The Offended Party (the child).
Parents or Guardians.
Ascendants or collateral relatives within the fourth degree of consanguinity or affinity (grandparents, aunts, uncles, first cousins).
Officer, Social Worker, or Representative of a licensed child-caring institution.
Officer or Social Worker of the Department of Social Welfare and Development (DSWD).
Barangay Chairman or at least three concerned, responsible citizens where the incident occurred.

The Reporting and Prosecution Process

The procedure for reporting physical violence and abuse follows a specific legal pathway to ensure the child’s safety and the perpetrator’s accountability.

1. Immediate Reporting

Reports can be made to the following entities:

The Philippine National Police (PNP): Specifically the Women and Children Protection Desks (WCPD) located in precincts nationwide.
The Barangay: The Barangay Council for the Protection of Children (BCPC) or the Lupon Tagapamayapa.
The DSWD: Local social welfare offices can provide immediate intervention and protective custody.

2. Filing the Formal Complaint

A sworn statement (affidavit) describing the abuse is executed. If the child is too young, a guardian or social worker assists. This leads to a Preliminary Investigation conducted by the Prosecutor's Office to determine if there is "probable cause" to file a case in court.

3. Medical and Psychological Evaluation

To strengthen the legal case, a medical certificate from a government physician (such as those at the National Bureau of Investigation or a public hospital) is vital to document physical injuries. Psychological evaluations may also be conducted to assess trauma.

4. The Role of the Family Court

Once a case is filed, it falls under the jurisdiction of the Regional Trial Court (Family Court). These proceedings are generally closed to the public to protect the child's privacy.

Mandatory Reporting for Professionals

It is important to note that certain professionals are legally obligated to report suspected abuse. Under Section 24 of the law, physicians, nurses, social workers, or school administrators who examine or treat a child and find evidence of abuse must report it to the nearest police station or the DSWD within 48 hours. Failure to do so may result in fines or administrative liability.

Protective Measures and Penalties

The law provides for Protection Orders to keep the perpetrator away from the child. Penalties for violating RA 7610 are severe, ranging from Prision Mayor (6 to 12 years) to Reclusion Temporal (12 to 20 years), depending on the gravity of the offense and the relationship of the perpetrator to the child.

Legal Note: Under the "Rule on Examination of a Child Witness," the court employs special measures—such as using live-link TV or allowing a "support person" to sit near the child—to prevent re-traumatization during testimony.