Penalty for Slight Physical Injury Inflicted on a Minor
Philippine Legal Framework – June 2025
1. Legal Overview
In Philippine law, “slight physical injuries” is a term created by the Revised Penal Code (RPC) to capture the lightest forms of bodily harm. When the victim is below 18, the analysis no longer stops at Article 266 RPC. Two child-protective statutes commonly come into play:
| Layer of law | Core provision | What changes when the victim is a minor? |
|---|---|---|
| Revised Penal Code (Art. 266) | Classifies/penalises slight physical injuries and “maltreatment” | Minority is an aggravating circumstance (Art. 15 ¶10) that may raise the penalty to its maximum period. |
| R.A. 7610 (Special Protection of Children Against Abuse, Exploitation & Discrimination Act) | § 3(b) (child abuse defined) and § 10(a) (penalty) | If the act is deemed child abuse, penalty leaps to prisión mayor min. (6 yrs 1 day – 8 yrs). |
| R.A. 9262 (Anti-Violence Against Women & Their Children) | §§ 5–6 (physical violence & penalties) | Applies when offender is a spouse, ex-spouse, partner, or parent; penalty keyed to gravity of injury but always higher than the RPC alone. |
Key rule of thumb:
- RPC alone—only when the assault on the child is not coupled with any circumstance of abuse, cruelty, debasement, domestic violence or special relationship.
- R.A. 7610 or R.A. 9262—whenever the facts show the incident is child abuse or VAWC, they supersede the RPC and impose stiffer penalties.
2. Slight Physical Injuries under Article 266 RPC
| Scenario (injury severity) | Definition | Penalty (after R.A. 10951, 2017) |
|---|---|---|
| (a) Incapacity for labor 1–9 days or medical attendance for the same period | e.g., bruises that keep child home from school for a week | Arresto menor 6–30 days, and/or fine ≤ ₱20 000 |
| (b) No incapacity, no medical attendance | e.g., slap that leaves redness but no treatment needed | Fine ₱1 000 – ₱4 000 |
| (c) “Maltreatment”—acts of ill-treatment not covered by actual injuries | e.g., hair-pulling, pinching meant to humiliate | Arresto menor 1–30 days, or fine ≤ ₱20 000, or both |
Minority is an aggravating circumstance. If proven, courts usually impose the maximum of the corresponding arresto period or fine.
3. Child-Protective Overlay: R.A. 7610
Child Abuse Defined § 3(b) covers “any act which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being.” Even a single slap may qualify if accompanied by intimidation or humiliation.
Elements (People v. Abello, G.R. 195804, 11 Dec 2013)
- Victim is below 18 (or over 18 but unable to care for self).
- Offender commits an act resulting in physical injury or tending to debase, degrade or demean.
- Intent to abuse, maltreat or exploit may be inferred from the circumstances (e.g., repeated beating, use of belt, threats).
Penalty (§ 10[a])
- Prisión mayor minimum (6 yrs 1 day – 8 yrs).
- If the offender is a parent, ascendant, guardian or relative within the 3rd degree, courts typically impose the maximum of that range.
Differences vs. Article 266
- Penalty jumps four degrees higher.
- Prescription: Offenses under R.A. 7610 generally prescribe in 10 years (Art. 90 RPC beamed through Act 3326) and the clock is suspended while the victim is still a minor (§ 11, R.A. 7610).
- Barangay settlement is barred; cases go straight to the prosecutor’s office or the family court.
4. Domestic-Violence Context: R.A. 9262
If the child is harmed within an intimate-partner or parental relationship, the act is prosecuted as Violence Against Women and Their Children (VAWC):
| Resulting injury | Penalty under § 6 R.A. 9262 |
|---|---|
| Serious physical injuries | Prisión mayor (6 yrs 1 day – 12 yrs) |
| Less-serious physical injuries | Prisión correccional (6 mos 1 day – 6 yrs) |
| Slight physical injuries | Arresto mayor (1 mo 1 day – 6 mos) |
| No medical attendance | Arresto menor (1–30 days) |
Additional remedies: Protection Order, ex parte IWPO, custody, support, counselling.
5. If the Offender Is Also a Minor (CICL)
Under R.A. 9344 (Juvenile Justice), a child in conflict with the law enjoys:
- Exemption from criminal liability if below 15.
- Diversion if 15 – below 18 and acted without discernment; otherwise criminal action proceeds but with suspension of sentence and mandatory rehabilitation.
- Victim compensation and family conference remain available to the offended minor.
6. Civil Liability & Damages
Regardless of the criminal statute invoked, the offender must:
- Pay civil indemnity for actual medical expenses, therapy, and future medical care;
- Moral damages (no need for proof of pecuniary loss);
- Exemplary damages when an aggravating circumstance (e.g., minority, abuse of relationship) is present;
- Attorney’s fees and costs in appropriate cases (Art. 100 RPC; Arts. 2199–2208 Civil Code).
7. Prescription & Double Jeopardy
| Statute | Period to file (ordinary) | Tolling while victim is minor? |
|---|---|---|
| Art. 266 RPC | 2 months | No |
| R.A. 9262 | Based on imposed penalty (Art. 90 RPC): slight P.I. → 2 months | No |
| R.A. 7610 | 10 years (Act 3326) | Yes – clock starts when victim turns 18 (§ 11) |
Once a conviction or acquittal under one statute attains finality, prosecuting the same act under another law is barred (rule on same offense). Prosecutors therefore choose the statute carrying the heavier penalty unless evidence is insufficient to prove child abuse/VAWC.
8. Procedural Notes
Warrantless arrest: Allowed if the assault is done in the presence of a peace officer or results in obvious physical injury (Rule 113 § 5(a) Rules of Court).
Plea bargaining: Not encouraged where the victim is a minor; courts often reject pleas to lesser offenses if the information alleges R.A. 7610.
Probation:
- Discretionary for penalties ≤ prisión correccional.
- Not available for prisión mayor convictions unless the unserved sentence does not exceed 6 years and the court is convinced of rehabilitation prospects (A.M. No. 20-06-14-SC, 2020).
9. Comparison Snapshot
| Pathway | Typical penalty range | Qualifying factors |
|---|---|---|
| Pure RPC (Art. 266) | 1–30 days arresto menor (or fine) | Injury mild, no abuse intent, no domestic relationship |
| Child Abuse (R.A. 7610 § 10[a]) | 6 yrs 1 day – 8 yrs prisión mayor min. | Any act of debasement/cruelty; victim < 18 |
| VAWC (R.A. 9262 § 6) | 1 mo 1 day – 6 mos arresto mayor (slight injuries) up to 12 yrs prisión mayor (serious) | Offender is spouse/partner/parent; violence within the household |
10. Practical Take-Aways
Always evaluate the relationship and surrounding conduct. A single slap by a stranger at the mall is likely prosecuted under Article 266 RPC; the same slap by a live-in partner in the home is R.A. 9262; the same slap, coupled with insults that demean the child, is R.A. 7610.
Expect harsher sentences in child-abuse settings. Courts no longer treat “slight” injuries as truly slight once perpetrated on a minor in a context of cruelty or degradation.
Prescription is short under the RPC—file quickly. Delays past 60 days can doom a case unless R.A. 7610 or R.A. 9262 clearly applies.
Civil remedies run parallel. Even if the act is punished under the RPC alone, parents or guardians may still claim damages in a separate civil action.
Parental discipline is not an absolute defence. The 2013 Abello ruling stressed that “discipline” that degrades a child’s dignity is child abuse.
11. Conclusion
Philippine law classifies slight physical injuries as a light felony only in the abstract. Once the victim is a minor, an overlay of child-protective legislation pushes the penalty several degrees higher, reflecting the State’s compelling interest in safeguarding children’s physical and psychological integrity. Practitioners must therefore scrutinise the facts for any hint of abuse, debasement, or domestic violence before settling for the modest sanctions of Article 266.