Penal Sanctions for Child Physical Abuse by a Parent (Philippine Legal Context, updated to 17 June 2025)
1. Constitutional & Policy Foundations
| Instrument | Key Provision | Effect on Parental Conduct |
|---|---|---|
| 1987 Constitution, Art. XV §3(2) | “The State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.” | Makes child protection a constitutional duty; anchors all child-protective statutes. |
| UN Convention on the Rights of the Child (CRC) (ratified 1990) | Arts. 19 & 37 command States to protect children from “all forms of physical or mental violence.” | International obligation incorporated into domestic law (Art. II §2, Constitution). |
2. What Counts as “Physical Abuse”?
Under R.A. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), child abuse includes:
“Physical injury or maltreatment of a child, including any act which results in, or is likely to result in, physical harm.” (§3[b])
A child is any person below 18, or over 18 but unable to fully protect himself/herself because of disability. “Parent” covers biological, adoptive and step-parents, including those exercising substitute parental authority.
3. Core Statutes & Where They Apply
| Law | When It Governs Parental Physical Abuse | Penalty Range |
|---|---|---|
| R.A. 7610 §§10(a)–(b) | Any person—including a parent—who maltreats or inflicts physical injury on a child. | Graduated (see §4, below) from arresto mayor (1 mo 1 d–6 mos) up to reclusión perpetua (life) if the child dies. |
| R.A. 9262 (Violence Against Women & Their Children Act of 2004) | When the abusive parent is male (or female partner in same-sex relationship) and violence is committed against the woman’s child within or because of the intimate relationship. | Prisión correccional (6 mos 1 d–6 yrs) up to reclusión temporal (12-20 yrs) + ₱100 000–₱300 000 fine + mandatory counseling. |
| Revised Penal Code (RPC) Arts. 262–266 | Applies by default when R.A. 7610 or 9262 does not; e.g., slight injuries caused by a mother to her child where no aggravating factors exist. | • Serious injuries – prisión mayor (6-12 yrs) |
| • Less serious – arresto mayor (1 mo 1 d–6 mos) | ||
| • Slight – arresto menor (1–30 days) + fine ≤ ₱ 200 | ||
| R.A. 9745 (Anti-Torture Act of 2009) | If abuse is severe enough to amount to torture or cruel, inhuman or degrading treatment by a parent with custody. | 12–20 yrs; 20–40 yrs if death or serious disability results. |
| Family Code, Arts. 229–232 | Civil aspect—court may suspend or terminate parental authority for child abuse. | Not a criminal term, but loss of custody + support obligations + possible adoption/foster placement. |
Why multiple statutes? Filipino criminal law is special-law-prevails: when the act falls squarely under a special law (e.g., R.A. 7610), that law—and its higher penalties—govern; otherwise the RPC supplies the gap.
4. R.A. 7610’s Graduated Penalty Scheme (Parents & Custodians)
| Result of the Abuse | Criminal Penalty under §10(b) |
|---|---|
| Death of the child | Reclusión perpetua (30 yrs to life, non-parolable) |
| Loss of any body part, permanent disability, or mental incapacity | Reclusión temporal, medium (14 yrs 8 mos – 17 yrs 4 mos) |
| Serious physical injuries (RPC Art. 263) | Reclusión temporal, minimum (12 yrs 1 d – 14 yrs 8 mos) |
| Less serious physical injuries (Art. 265) | Prisión correccional, medium (2 yrs 4 mos – 4 yrs 2 mos) |
| Slight injuries / physical suffering | Prisión correccional, minimum (6 mos 1 d – 2 yrs 4 mos) or Arresto mayor, maximum (4 mos 1 d – 6 mos) |
Additional sanctions:
- • Fine up to ₱ 50 000 and 10 % of civil damages as indemnity to the child (§10[g]).
- • Mandatory psychological counseling or psychiatric treatment (§32).
5. R.A. 9262 Overlay (When the Offender Is the Mother’s Partner)
Who may invoke it? A woman and her child—including a child with special needs—when violence is committed by:
- the child’s father (married, live-in, separated or dating), or
- any person with whom the mother has/had an intimate or dating relationship.
Protective Orders: Barangay Protection Order (BPO, 15 days), Temporary (TPO, 30 days), and Permanent (PPO, up to 5 yrs). Violation is a separate offense (₱ 5 000 fine or arresto mayor).
Penalty escalation: Each breach of a protective order is prosecuted - in addition to the underlying physical injuries.
6. Aggravating & Qualifying Circumstances
Certain factors increase the penalty (Art. 14, RPC & §10[i], R.A. 7610):
- Relationship: offender is a parent, ascendant, step-parent, or guardian.
- Victim’s tender age: below 12 years.
- Use of a deadly weapon or burning.
- Premeditation or evident intent to humiliate.
- Abuse of superior strength (adult vs. child).
Aggravating circumstances generally move the penalty to the next higher period or next higher degree if already in the maximum.
7. Procedural & Protective Measures
| Stage | Child-Sensitive Safeguards |
|---|---|
| Reporting | Mandatory for teachers, doctors, social workers (R.A. 7610 §32); failure = ₱ 10 000 – ₱ 100 000 + 6 mos suspension of license. |
| Investigation | Inquest prosecutors must complete within 36 hrs (serious injuries) or 12 hrs (slight). Child-friendly interview rooms required (DOJ-DSWD‐UNICEF Joint Guidelines 2023). |
| Evidence Gathering | Rule on Examination of a Child Witness (A.M. 00-11-01-SC): videotaped deposition, use of screens/one-way mirrors. |
| Detention of Parent | Bailable for penalties ≤ 6 yrs, otherwise subject to judicial discretion. |
| Trial | In camera proceedings allowed; priority docket; continuous trial (Sec. 25, R.A. 7610). |
| Post-Conviction | Convicted parent must undergo rehabilitation; DSWD prepares reintegration plan if parole is granted. |
8. Civil Liability & Loss of Parental Authority
Damages (Arts. 2199-2235, Civil Code):
- Actual, moral, exemplary, and attorney’s fees.
Suspension or Termination (Family Code Arts. 229-232):
- Automatic upon final judgment of conviction for child abuse.
- Court may award temporary custody to the other parent, grandparents, or DSWD.
Support Obligation Continues despite incarceration (Art. 291, Civil Code).
9. Administrative Liability of Public-School Parents & Teachers
If abuse occurs inside a public school—the principal or teacher-offender is also liable under the Civil Service Law and DepEd Child Protection Policy (DepEd Order 40-2012): dismissal + perpetual disqualification.
10. Illustrative Jurisprudence
| Case | Facts | Ruling |
|---|---|---|
| People v. Dado, G.R. 173822 (24 Jan 2011) | Father beat 8-year-old with electrical wire, causing deep lacerations. | Convicted under R.A. 7610 §10(b); sentenced to 8 yrs 1 d – 10 yrs (prisión mayor min) + ₱ 80 000 damages. |
| Baltazar v. People, G.R. 164370 (13 Feb 2017) | Father scalded son’s hand on hot pot lid as “discipline.” | Court held “parental discipline” never justifies cruel punishment; sustained conviction under §10(b). |
| People v. Mata, G.R. 205896 (11 Jan 2017) | Live-in partner repeatedly punched girlfriend’s child. | Applied R.A. 9262 instead of §10(b) because offender was mother’s intimate partner; 10-yr sentence. |
11. The Line Between “Reasonable Discipline” and Criminal Abuse
Philippine law still recognizes a parent’s right to discipline (Art. 220, Family Code; PD 603 §9), but only with “just and reasonable disciplinary measures”. Once the force is:
- excessive, degrading, humiliating, or
- causes physical injury—however slight,
the conduct crosses into criminal abuse. Pending bills such as the Positive Discipline Act would outlaw all corporal punishment, but as of June 2025 they remain unenacted.
12. Rehabilitation & Alternative Sentencing
- Probation (P.D. 968, as amended): available if penalty ≦ 6 yrs and court is satisfied the parent will not endanger the child when released.
- Counseling & Anger-Management Programs: Mandatory under R.A. 9262 and often required by the Parole & Probation Administration (PPA) as a special condition.
- Community-based Diversion is not available because the parent is an adult offender; diversion under R.A. 9344 applies only to child offenders.
13. Interaction with Immigration & Employment
A final conviction for child abuse is a deportable offense for foreign parents (BI Memorandum 20-2024); and a ground for perpetual disqualification from positions requiring child contact (e.g., teacher, coach, driver) under R.A. 10906 §20.
14. Take-Away Checklist for Victims & Guardians
- Seek immediate medical attention and keep records.
- Report to barangay, PNP-WCPD, or any social worker—mandatory reporters cannot refuse.
- Request a BPO or TPO: free, ex parte, no filing fees.
- Preserve digital evidence (photos, CCTV, texts).
- Consult counsel or the Public Attorney’s Office—children are entitled to free legal representation.
15. Conclusion
In Philippine law, physical abuse of a child by a parent is never a private matter. A network of overlapping statutes—principally R.A. 7610, R.A. 9262, and relevant provisions of the Revised Penal Code—ensures that penalties can climb from a few months’ arresto to reclusión perpetua. Courts routinely treat the parental relationship as an aggravating circumstance, not a shield. Beyond imprisonment and fines, an abusive parent risks losing custody, paying substantial damages, facing perpetual disqualification from child-related work, and—where applicable—removal from the country.
This article is for general information only and does not constitute legal advice. For specific cases, consult a Philippine lawyer or the Public Attorney’s Office.