In the Philippine legal landscape, minors are afforded special protection due to their vulnerability. When a child is subjected to verbal abuse or slander, the law does not merely view it as a personal affront but as a potential violation of their fundamental rights to psychological integrity and dignity.
Legal remedies in these cases generally fall under three categories: Criminal Prosecution, Civil Damages, and Administrative/Protective Measures.
I. Criminal Remedies
The primary criminal statutes used to address verbal aggression against minors are the Revised Penal Code (RPC) and Republic Act No. 7610.
1. Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)
This is the most potent tool in protecting minors. Under Section 10(a), any person who commits any act of child abuse, which includes "psychological abuse" or "cruelty," can be held liable.
- Verbal Abuse as Child Abuse: Constant shouting, cursing, or the use of degrading language that debases or demeans the intrinsic worth and dignity of a child as a human being constitutes psychological child abuse.
- Penalties: The penalties under RA 7610 are significantly higher than those for ordinary slander under the RPC, reflecting the law's intent to provide "special protection."
2. Oral Defamation (Slander) under the Revised Penal Code
If the verbal abuse involves the imputation of a crime, vice, or defect that tends to cause dishonor or contempt, it may be prosecuted as Slander (Article 358, RPC).
- Simple Slander: Oral defamation of a minor nature.
- Grave Slander: When the language used is particularly insulting or serious, considering the circumstances of the parties.
- Note: If the slanderous remarks are made against a minor, the "gravity" is often more easily established because of the child's impressionable nature.
3. Republic Act No. 9262 (VAWC)
If the victim is a minor child (legitimate or illegitimate) of the perpetrator, or if the child is under the care of a woman who is being abused, verbal and psychological violence are punishable under the Anti-Violence Against Women and Their Children Act.
II. Civil Remedies: Action for Damages
Under the Civil Code of the Philippines, the victim (represented by parents or guardians) can file a separate civil action for damages.
- Article 26: Expressly mandates respect for the dignity and peace of mind of neighbors and others. It prohibits "poking fun at" or "humiliating" another on account of their personal condition or beliefs.
- Article 33: Allows for an independent civil action for defamation or physical injuries.
- Moral Damages: These are awarded to compensate for the mental anguish, fright, and wounded feelings the child suffered.
- Exemplary Damages: Imposed by way of example or correction for the public good, especially if the verbal abuse was malicious or public.
III. Special Contexts: Schools and Social Media
1. The Anti-Bullying Act of 2013 (RA 10627)
If the verbal abuse or slander occurs within a school setting (or involves students outside of school), this law requires schools to implement intervention programs.
- Administrative Sanctions: Schools have the authority to suspend or expel students who engage in verbal bullying.
- Duty of the School: Failure by school officials to act on reports of verbal abuse can lead to administrative liability for the institution.
2. Cyber-Slander (RA 10175)
If the slanderous remarks are posted online (e.g., Facebook, TikTok), the Cybercrime Prevention Act of 2012 applies. The penalty for cyber-libel/slander is one degree higher than that prescribed in the Revised Penal Code.
IV. Protective Measures and Procedures
Because the victim is a minor, specific procedural safeguards apply to prevent further trauma during legal proceedings:
- The Rule on Examination of a Child Witness: This allows the child to testify in a child-friendly environment, often with the help of a "facilitator" or through a live-link television to avoid face-to-face confrontation with the abuser.
- Barangay Protection Orders (BPO): In cases falling under RA 9262, a BPO can be sought immediately to prevent the perpetrator from further contacting or harassing the child.
- Confidentiality: The identity of the minor victim is strictly confidential in all court records to protect them from social stigma.
Summary Table: Choosing the Right Path
| Nature of Act | Primary Law | Action Required |
|---|---|---|
| Severe/Frequent Degrading Remarks | RA 7610 | Criminal Complaint for Child Abuse |
| False Accusations/Public Insult | RPC Art. 358 | Criminal Complaint for Slander |
| Online Defamation | RA 10175 | Criminal Complaint for Cyber-libel |
| Peer-to-Peer in School | RA 10627 | School Administrative Complaint |
| Intra-family Verbal Abuse | RA 9262 | Criminal Complaint/Protection Order |