This article is for general information in the Philippine setting and does not constitute legal advice. Laws and procedures can change, and outcomes depend heavily on facts and evidence.

1) Start with the core question: “What kind of injury—and who is legally responsible?”

When a child is injured by another person, Philippine law usually provides multiple tracks that can run at the same time:

Criminal remedies (to punish an offender)
Civil remedies (to recover money damages and other relief)
Protective and administrative remedies (to stop continuing harm, enforce school/workplace duties, and protect the child)

Responsibility also depends on who caused the injury and the relationship/context:

An adult offender (neighbor, stranger, caregiver, teacher, driver, etc.)
Another minor (classmate, playmate, bully)
A person acting for an employer or business (driver, security guard, medical staff)
An institution that failed to protect a child (school, daycare, camp, hospital)

2) Immediate priorities (practical steps that also protect legal rights)

A. Medical care and documentation

Seek treatment immediately.
Keep medical records, receipts, diagnostic results, prescriptions, and discharge summaries.
If the injury is from violence or suspected abuse, request a medico-legal examination or medical certificate describing:
- Nature of injury
- Body parts affected
- Estimated healing time / incapacity
- Possible cause (if the physician notes it)

B. Preserve evidence

Photos/videos of injuries and the scene
CCTV requests (act fast—recordings are often overwritten)
Names/contact details of witnesses
Screenshots for online harassment/bullying (include timestamps/URLs)
Damaged clothing/items

C. Safety and protection

If the child is still at risk (same household, school, neighborhood), prioritize protective measures (see Sections 8–10).

3) Criminal remedies: when the State prosecutes the offender

A criminal case aims to punish wrongdoing. For a child victim, criminal prosecution is common for violence, abuse, serious negligence, and sexual offenses.

A. Common criminal charges (examples)

Depending on facts, the act may fall under:

Revised Penal Code (RPC) offenses such as:
- Physical injuries (serious/less serious/slight)
- Homicide or murder (if death results)
- Serious threats, grave coercion, unjust vexation (context-specific)
- Reckless imprudence resulting in physical injuries/homicide (common in traffic incidents)
Special laws that frequently arise when the victim is a child:
- RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act): covers various forms of child abuse, cruelty, exploitation, and other acts prejudicial to a child’s development.
- RA 9262 (Anti-Violence Against Women and Their Children Act): applies when the offender is in a qualifying relationship (e.g., spouse/ex-spouse, dating relationship, father of the child), and the act is violence against the child (physical, psychological, economic, etc.).
- RA 10627 (Anti-Bullying Act): usually enforced administratively through schools, but related acts can still be criminal (e.g., serious threats, physical injuries, child abuse depending on circumstances).
- For sexual harm, relevant special laws and RPC provisions may apply depending on the act (these are highly fact-specific and treated with heightened protection for minors).

B. Where and how criminal complaints are initiated

Police blotter / incident report (often the first step)
Filing a complaint-affidavit with the Office of the City/Provincial Prosecutor (or through the police for inquest in certain situations)
Inquest if the suspect is arrested without a warrant in circumstances allowed by law
Preliminary investigation to determine probable cause
If probable cause exists, the case is filed in court, and trial proceeds

C. Who acts for the child

A minor cannot usually litigate alone. A parent, legal guardian, or proper representative typically signs complaints and affidavits, subject to rules on capacity and representation.

D. If the offender is also a minor (child in conflict with the law)

If another child caused the injury:

The Juvenile Justice and Welfare Act (RA 9344, as amended) governs.
Outcomes may involve diversion, rehabilitation, and age-based rules (e.g., children below a certain age are exempt from criminal liability; older minors may be liable depending on discernment).
Even if criminal liability is limited, civil liability may still exist (often shifting to parents/guardians under civil law principles).

4) Civil remedies: recovering damages (money) and other relief

Civil remedies focus on compensation and accountability even if:

No criminal case is filed,
The prosecutor dismisses the criminal complaint, or
The offender is a minor or otherwise hard to criminally prosecute.

A. Main civil law bases for liability

You will usually see one or more of these:

Quasi-delict (tort) / negligence (Civil Code, Art. 2176)
- Liability arises from fault/negligence causing damage to another, independent of a criminal case.
Civil liability arising from crime (ex delicto)
- If a crime is prosecuted, civil liability for damages typically accompanies it, subject to procedural rules.
Vicarious liability (Civil Code, Art. 2180) Certain persons/entities can be liable for others’ acts, such as:
- Parents for damage caused by their minor children living with them
- Employers for employees acting within assigned tasks (and sometimes even beyond, depending on circumstances and negligence in supervision/selection)
- Schools/administrators/teachers in contexts involving custody/supervision and special parental authority principles (see Section 7)
Other bases
- Contract (e.g., a school/daycare’s contractual duty to provide safe supervision)
- Product liability / consumer protection (if injury is caused by defective products)
- Medical negligence (if injury results from substandard medical care)

B. Types of damages a child victim may claim

Common categories include:

Actual/compensatory damages: medical expenses, therapy, medication, rehabilitation, transportation, assistive devices, future medical care, lost earning capacity (rare for small children but possible in severe, permanent injuries)
Moral damages: for mental anguish, trauma, emotional distress (often significant where a child suffers violence or serious injury)
Exemplary damages: as deterrence when the act is attended by bad faith, gross negligence, or wanton conduct
Temperate damages: when loss is real but exact amount is hard to prove
Nominal damages: to vindicate a right
Attorney’s fees and costs: in situations recognized by law and jurisprudence

C. Filing civil cases: independent or alongside criminal

You can generally:

File a civil case independently (often under quasi-delict), or
Pursue civil liability in the criminal case, subject to rules on institution/reservation/waiver.

Because procedure can affect strategy (e.g., evidence, speed, standard of proof, settlement posture), many families choose a path based on:

Strength of evidence for criminal intent vs negligence
Desire for speedy compensation
Safety and protective needs
Whether the offender is a minor
Whether an institution (school/employer) is a viable defendant

D. Prescription (deadlines)

Deadlines vary by cause of action and offense classification. Commonly cited:

Quasi-delict claims have a specific prescriptive period under civil law (often discussed as four (4) years from the day of injury in typical negligence-based actions). Criminal prescription depends on whether the offense is light/less grave/grave, and the law has detailed rules. Because errors here can be costly, treat prescription as a “must-check” item early.

5) Standard of proof: criminal vs civil

Criminal: proof beyond reasonable doubt
Civil: preponderance of evidence

This matters: a criminal case can fail while a civil case still succeeds, because civil requires a lower standard of proof.

6) Settlement and compromise: what can and cannot be settled

Families often consider settlement for medical expenses and damages, but there are limits:

Civil claims are generally compromiseable (subject to safeguards for minors).
Criminal liability for certain offenses is not “erasable” by private settlement, though settlement can affect willingness to pursue, affidavits, or prosecutorial evaluation depending on the nature of the offense.
For cases involving child abuse or public interest, authorities may still proceed even if parties attempt to settle.

Important for minors: compromises involving a child’s rights or money claims often require court oversight or strict safeguards to ensure the settlement is in the child’s best interest.

7) Special scenario: injury at school, daycare, or under supervision

When the incident happens while the child is under the care of a school/daycare or similar institution, liability analysis often expands:

A. Possible liable parties

The direct offender (student, teacher, staff, outsider)
The school/daycare and/or its administrators
Teachers or staff who had supervisory responsibility
Parents of a minor offender (civilly, under vicarious liability principles)

B. Common legal theories

Negligent supervision (failure to prevent foreseeable harm)
Breach of duty of care owed by custodians
Special parental authority concepts under family law (while the child is under the school’s supervision/authority)

C. Anti-bullying remedies (RA 10627 context)

Even when the injury is not purely “bullying,” schools are expected to:

Have anti-bullying policies
Investigate and document incidents
Implement interventions, discipline, and protective measures
Provide reporting mechanisms and due process

Parents can typically escalate through:

School administration channels
Division/Regional offices (public school system context)
Other competent agencies depending on the institution

8) Child abuse and domestic violence contexts (heightened protection)

A. RA 7610 (child abuse)

Where the conduct amounts to abuse/cruelty/exploitation or acts prejudicial to development, RA 7610 may provide:

Stronger protections
A framework tailored to child victims
Coordination with child protection authorities

B. RA 9262 (violence against women and children)

If the offender is in a qualifying relationship, remedies can include:

Criminal prosecution under RA 9262
Protection orders (see below)
Recognition of psychological violence and other non-physical harms that still deeply injure a child

9) Protection Orders and urgent court relief

If the child faces ongoing danger or harassment, legal relief can be aimed at stopping the conduct quickly.

A. Protection orders (common in domestic violence settings)

For RA 9262 situations, courts (and in some cases barangays) may issue protection orders that can:

Prohibit contact/harassment
Remove an offender from a residence (in proper cases)
Set custody/visitation restrictions for safety
Order support or other relief allowed by law

B. Other urgent remedies

Depending on facts, families may seek:

Injunction-type relief in civil cases (rare, but possible in appropriate situations)
School-issued protective measures (no-contact rules, safety plans)
Coordination with child protection desks and social workers

10) Administrative remedies: when institutions must act

Some cases are best addressed (in part) by administrative actions in parallel with criminal/civil cases, especially when the offender is:

A teacher or school employee
A government worker
A licensed professional (e.g., medical personnel)
An institution violating child protection policies

Possible actions:

Complaints to school authorities and higher education/education regulators
HR/disciplinary complaints in workplaces
Professional regulatory complaints (if professional misconduct is involved)

Administrative cases do not replace criminal/civil cases; they often focus on professional accountability and protective policy enforcement.

11) Katarungang Pambarangay (barangay conciliation): when it applies—and when it doesn’t

Many disputes between residents of the same locality require barangay conciliation before court filing, but not all cases qualify.

In practice:

Some minor offenses and civil disputes may be subject to conciliation.
Serious crimes, urgent cases, and situations involving the need for immediate protection, or where the law provides exceptions, may bypass it.

Because missteps can delay filing, this is another early “must-check” issue.

12) Government assistance and victim compensation (selected avenues)

Depending on circumstances, families sometimes explore:

Social welfare assistance (for medical and protective interventions)
Local government services (women/child protection desks)
Programs that may assist victims of violent crimes in certain cases (availability and eligibility depend on facts and documentation)

13) Building a strong case: what usually matters most

Across criminal/civil/administrative tracks, outcomes often hinge on:

Clear narrative of events (timeline)
Medical documentation (injury severity, causation)
Witness credibility and availability
CCTV/digital evidence integrity
Proof of negligence or intent
Linking institutional failures (if suing a school/employer)
Child-sensitive handling of testimony Philippine procedure recognizes that child witnesses require safeguards (e.g., protective examination practices), and courts aim to reduce trauma while preserving due process.

14) Common defenses you should expect (and plan evidence against)

Respondents often argue:

Accident without negligence
No causation (injury came from another source)
Self-defense/defense of others
Consent/assumption of risk (limited relevance for minors and closely scrutinized)
Contributory negligence of the victim or parents (civil cases may reduce damages rather than bar recovery in some situations)
Lack of supervision duty (schools/institutions often contest this)

Good documentation and early evidence preservation are the best counters.

15) Choosing a strategy: criminal case, civil case, or both?

A practical way to decide:

File criminal when:
- There is violence/abuse, intent, serious harm, or egregious negligence
- You need strong State intervention and protective mechanisms
File civil (often quasi-delict) when:
- Compensation is the priority
- Negligence is clearer than criminal intent
- An institution/employer has solvency and responsibility
Run parallel tracks when:
- Safety + accountability + compensation are all needed
- The facts support both, and the family is prepared for time/effort

16) A quick “remedies map” by scenario

A. Child hit by a reckless driver

Criminal: reckless imprudence resulting in physical injuries (or worse if fatal)
Civil: damages (medical, moral, etc.), possibly against employer if driver is employed
Evidence: traffic investigation, CCTV, medical records

B. Child injured by bullying/assault at school

Criminal: physical injuries / threats / possible child abuse depending on circumstances
Civil: damages against offender + possibly parents (if offender is minor), and possibly school for negligent supervision
Administrative: anti-bullying enforcement and disciplinary action; safety plan

C. Child harmed by caregiver/household member

Criminal: RA 7610 and/or relevant RPC provisions; possibly RA 9262 if relationship qualifies
Protective: protection orders and social welfare intervention
Civil: damages; custody/visitation safeguards

D. Child injured by another minor

Criminal: governed by juvenile justice rules; may involve diversion/rehabilitation
Civil: often focuses on parents/guardians’ liability and damages
School/admin: if it occurred under school supervision

17) What “full accountability” can look like in the Philippines

A well-rounded response to a child-injury incident often includes:

Immediate protection and safety planning
Criminal complaint where warranted
Civil claim to fund treatment and compensate harm
Administrative action to prevent repeat incidents (school/workplace)
Child-sensitive handling to minimize trauma throughout the process

If you want, paste a short fact pattern (who harmed the child, where, when, how, relationship between parties, and injury severity), and I can map the most likely Philippine remedies and the usual filing sequence for that specific situation.