Legal Actions for Assault by One Minor on Another Minor in the Philippines

This is general information about Philippine law. It’s not a substitute for advice from a lawyer or the Public Attorney’s Office (PAO).

1) First things first: “assault” isn’t a technical crime name

In the Philippines, what people informally call “assault” is usually prosecuted under the Revised Penal Code (RPC) as:

Serious physical injuries (Art. 263)
Less serious physical injuries (Art. 265)
Slight physical injuries or maltreatment (Art. 266)

Depending on what happened, other charges can also fit:

Attempted homicide/frustrated homicide (if there’s intent to kill)
Grave threats / coercion (threats or force without injury)
Child abuse under R.A. 7610 (if the act constitutes abuse, cruelty, or conditions prejudicial to a child’s development)
Gender-based harassment (R.A. 11313) or Anti-Bullying Act (R.A. 10627) for school-based incidents (including cyberbullying)

When both the offender and victim are minors, the Juvenile Justice and Welfare Act (R.A. 9344, as amended by R.A. 10630) controls how the case proceeds, but it does not excuse harmful conduct or eliminate the victim’s remedies.

2) Age matters: who can be criminally liable?

Under R.A. 9344 (as amended)

Below 15 years old at the time of the incident
- Exempt from criminal liability.
- Treated as a Child at Risk or Child in Conflict with the Law (CICL) and placed in intervention programs (counseling, family therapy, education support).
- Civil liability (damages, restitution) may still be pursued, typically against parents/guardians under the Civil Code/Family Code.
At least 15 but below 18
- Liable only if they acted with discernment (i.e., understood the wrongfulness and consequences).
- Determination of discernment is factual (circumstances such as planning, use of a weapon, attempts to hide the act, prior warnings, etc.).
- If without discernment, they are treated like those below 15 (intervention, no criminal liability).
- If with discernment, the child can face formal proceedings in a Family Court, but the law prioritizes diversion and restorative justice.

3) Where cases are handled and who gets involved

Immediate response: Safety first, bring the child victim for medical attention and obtain a medico-legal report if injuries are present.
Reporting:
- Barangay (Lupong Tagapamayapa) for incident blotter and possible conciliation (see §7).
- Police WCPD (Women and Children Protection Desk) or NBI for criminal complaints.
- School (if incident is school-related) under R.A. 10627 & DepEd/CHED/PRC child-protection policies.
- DSWD / Local Social Welfare Office: mandatory involvement for CICL and child victims.
Family Court (R.A. 8369) has jurisdiction over cases involving minors both as offenders and victims.
Bahay Pag-asa / Youth Centers: Temporary placement or intensive intervention for CICL where required.

4) Criminal pathways and outcomes (CICL focus)

A) Diversion (preferred for children)

If the maximum penalty for the offense is not more than 12 years, law enforcement, the prosecutor, or the court must consider diversion. Typical diversion measures:

Apology / letter of remorse
Restitution for medical and related expenses
Community service
Counseling (child and family)
Participation in education or skills programs
No-contact undertakings or separation plans in school settings

Diversion is a contract signed by the child (with counsel and parent/guardian), the victim (or guardian), and the authorities. Successful completion can end the case.

B) Formal prosecution (when diversion is not allowed or fails)

Proceedings are confidential; the child’s identity must not be publicly disclosed.
If found responsible, a CICL is generally entitled to automatic suspension of sentence and placement in appropriate rehabilitative programs.
The court eventually discharges the child upon successful completion, with possibilities for expungement of records.
Detention (if ever needed) must be in youth facilities and separate from adults; release to parents/guardians is preferred.

5) What determines the charge?

Physical injuries (RPC)

Serious physical injuries: Loss of limb/eye, deformity, insanity, or incapacity for usual work >90 days, etc.
Less serious physical injuries: 10 to <30 data-preserve-html-node="true" days incapacity or medical attendance.
Slight physical injuries: 1 to 9 days incapacity/medical attendance, or maltreatment without incapacitation.

Attempted/Frustrated Homicide

If actions show intent to kill (e.g., stabbing aimed at vital parts), prosecutors may file attempted or frustrated homicide instead of mere physical injuries.

Child Abuse (R.A. 7610)

When the act amounts to abuse, cruelty, or exploitation, or places the child-victim in conditions prejudicial to development (e.g., repeated beating, humiliation, degrading treatment), R.A. 7610 may be invoked—often carrying stiffer penalties than the RPC.

School-related acts: Bullying/Harassment

R.A. 10627 (Anti-Bullying Act): Requires schools to prevent, investigate, and discipline bullying—including cyberbullying—and to extend support services to both victim and child-offender.
R.A. 11313 (Safe Spaces Act): Gender-based harassment (offline/online) in schools triggers administrative and educational measures; for minors who offend, juvenile safeguards still apply.

6) Civil liability: who pays for damages?

Even if a child-offender is exempt from criminal liability, civil liability can arise.

Parents/guardians are generally vicariously liable for damages caused by their minor children living with them, unless they prove they exercised proper diligence in supervision.
Schools, administrators, and teachers have special parental authority over students during school activities, and can be held liable for damages caused by students while under their supervision, instruction, or custody, if they fail to exercise the required diligence.
Kinds of damages a victim may claim: actual (medical bills, therapy), moral, exemplary, and temperate damages, plus attorney’s fees in proper cases.

How to pursue:

File the civil aspect together with the criminal case (typical), or
File a separate civil action for quasi-delict (tort) against parents/guardians or school officials. (Note: filing choices have technical effects on evidence and timing; consult counsel.)

Prescription (time limits) (general guide under the RPC/Civil Code):

Light offenses (e.g., slight physical injuries): ~2 months to start criminal action from discovery.
Punishable by arresto mayor: ~5 years.
Correctional penalties (e.g., prision correccional): ~10 years.
Afflictive penalties: ~15 years; reclusion temporal and higher: ~20 years.
Quasi-delict (separate civil tort claim): generally 4 years from injury/discovery. (Exact computation can be technical; when in doubt, file early.)

7) Barangay conciliation (Katarungang Pambarangay)

For minor offenses (typically those punishable by up to 1 year imprisonment or fines up to ₱5,000) and parties living in the same city/municipality, the barangay usually attempts conciliation/mediation before a criminal or civil case is filed in court.

Minors are represented by their parents/guardians.
If settlement is reached, it can resolve the civil aspect (e.g., medical reimbursement, apologies, no-contact terms).
Note: A compromise does not extinguish criminal liability unless a specific law allows it; however, for petty offenses, amicable settlement often leads to desistance and restorative outcomes.

8) School investigations and remedies (when the incident is school-related)

Schools are obligated to:

Have a written anti-bullying policy, reporting and investigation procedures, and age-appropriate disciplinary measures.
Provide counseling and psychosocial support to both the victim and the child-offender.
Coordinate with parents and social workers, and refer to law enforcement where criminal conduct may be involved.
Consider safety measures: class reassignments, no-contact arrangements, safety plans for the victim, and behavior contracts.

Victims/parents can:

File a written complaint with the school;
Elevate to DepEd Division Office or relevant oversight (for private schools: also to PEAC/DepEd) if dissatisfied;
Pursue civil/criminal remedies in parallel where appropriate.

9) Protecting the child-victim

Medical care and psychosocial support (LGU social welfare, DSWD, child protection units).
Evidence preservation: photos of injuries, clothing, screenshots (for cyberbullying), medical certificates, CCTV requests, incident reports.
Privacy: Identities of children (victim or CICL) must not be publicized; avoid social media posts that can identify them.
School safety: safety plans, supervised contact rules, schedule/section changes, supervised mediation (only if appropriate for the child).

10) Protecting the rights of the child-offender (CICL)

No custodial interrogation without counsel and parent/guardian/social worker present.
Immediate turnover to a social worker; handcuffs/restraints are severely restricted.
Separation from adults in any facility; preference for release to parents.
Confidentiality of records and proceedings.
Restorative justice orientation—focus on accountability, healing, and reintegration, not punishment alone.

11) Typical process flow (both minors)

Incident → ensure safety, obtain medical care.
Report to barangay/WCPD; school if applicable; involve DSWD/social worker.
Assessment of injuries, facts, and discernment (if the alleged offender is 15–<18). data-preserve-html-node="true"
Consider diversion (if legally allowed): conference with parents, social worker, prosecutor/police; draft a diversion contract (restitution, counseling, community service, no-contact provisions).
If no diversion or it fails, file criminal case in Family Court; civil damages may be included.
Proceedings continue with child-sensitive measures; possible suspension of sentence; rehabilitative disposition.
Compliance and aftercare for both children (victim support and offender reintegration).

12) Special situations

Dating violence (boyfriend–girlfriend minors): R.A. 9262 (VAWC) can apply if the victim is a girl and the offender is someone with whom she has or had a dating relationship; the Act allows protection orders (BPO/TPO/PPO). Juvenile procedures still apply to the child-offender.
Cyberbullying/online harms: School’s anti-bullying policies cover this; criminal laws (e.g., grave threats, unjust vexation, child abuse, or cybercrime provisions) may also apply depending on facts.
Weapons or severe harm: Expect non-diversion prosecution (e.g., attempted homicide or serious physical injuries), with stricter interim safety steps for the victim.

13) Practical checklists

For the victim’s parent/guardian

Get medical treatment and request a medico-legal.
Document everything: photos, receipts, screenshots, witness names.
Report to barangay/WCPD; file a school complaint if relevant.
Ask about diversion (restitution, counseling, no-contact) vs. formal case.
Consider civil damages (with or without the criminal case).
Maintain your child’s privacy and provide counseling support.

For the alleged child-offender’s parent/guardian

Ensure the child’s rights: presence of counsel and social worker before any questioning.
Cooperate with assessment (discernment, psychosocial evaluation).
Explore diversion early—be prepared for restitution and counseling.
Follow through with behavioral programs and school arrangements.
Avoid social media; keep the proceedings confidential.

14) Key principles to remember

The law prioritizes the child’s best interests and restorative justice.
Accountability exists—even when a child is exempt from criminal liability, civil liability and intervention remain.
Schools and parents share responsibility to prevent and address harm.
Privacy and dignity of both children must be preserved at all times.

15) Who can help (no-cost/low-cost)

Barangay (Lupong Tagapamayapa)
WCPD at local police station
DSWD / City or Municipal Social Welfare Office
Public Attorney’s Office (PAO)
School (Child Protection Committee / Guidance Office)
Medical facilities (for medico-legal and treatment)

Final note

Timelines and remedies can turn on small factual details (e.g., number of days of incapacity, evidence of intent to kill, prior incidents of abuse, the exact age and discernment of the child-offender). If you’re dealing with a real case, it’s wise to consult PAO or a private lawyer promptly to choose the best path—diversion and healing when possible, and firm protection for the child-victim always.