Physical Injury Charges for Assault of a Minor in the Philippines A comprehensive doctrinal and practical guide (updated to June 12 2025)
1. Governing Statutes and Why They Matter
| Key Law | Core Coverage | Practical Effect when the Victim is below 18 |
|---|---|---|
| Revised Penal Code (RPC), Arts. 262-266 | “Mutilation,” Serious, Less-Serious and Slight Physical Injuries | Baseline definitions, elements, and penalties. Minority of the victim is an aggravating circumstance (Art. 14[10]), raising the penalty to the next higher degree. |
| R.A. 7610 (1992) – Special Protection of Children | §10(a) punishes “any act of child abuse” including physical harm. | Qualifies the offense as child abuse → penalty is one degree higher than that imposed by the RPC (commonly prisión mayor min. up to reclusión temporal med. or higher). |
| R.A. 9262 (2004) – Anti-Violence Against Women & Their Children | Violence by a spouse, ex-spouse, dating partner, or a parent exercising parental authority. | Victim may secure Barangay, Temporary, or Permanent Protection Orders; prosecution may be simultaneous with or in lieu of RPC/RA 7610 charges. |
| R.A. 9344 (2006) – Juvenile Justice & Welfare | Applies when THE OFFENDER is below 18. | Child-offenders are subject to diversion and restorative justice; victim-minors still protected by RA 7610. |
| Family Code (E.O. 209) & Child and Youth Welfare Code | Recognizes reasonable discipline by parents. | Discipline is not a defense where force is excessive, cruel, or degrading (RA 7610 §3[b]). |
2. Elements of the Crime (When Charged Under the RPC)
- The victim is a minor (under 18 years).
- An act producing bodily harm is inflicted by the accused.
- Intent is generally required (except Art. 365 reckless imprudence variants).
- Resulting injury fits one of the RPC classifications (see §3).
- No justifying circumstance (e.g., self-defense) is present.
If any of the acts are perpetrated “in circumstances which indicate the intent to debase, degrade, or demean a child’s intrinsic worth,” the same set of facts is automatically prosecutable under §10(a) of RA 7610, which supersedes ordinary RPC penalties.
3. Injury Classifications & Penalties (RPC Baseline)
| Classification (Art.) | Defining Result | Basic Penalty | When Victim Is a Minor† |
|---|---|---|---|
| Mutilation (262) | Loss of an essential organ or incapacity to reproduce. | Reclusión temporal to reclusión perpetua. | One degree higher within the penalty range. |
| Serious Physical Injuries (263) | Debility >30 days, loss of limb, eyesight, hearing, permanent deformity, insanity. | Prisión mayor max. to reclusión temporal max. (graduated by gravity). | Aggravating; add one degree unless RA 7610 is charged (then RA 7610 governs). |
| Less-Serious (265) | Incapacity 10–30 days or medical attendance for same period. | Arresto mayor. | Aggravating → prisión correccional min.–med. |
| Slight (266) | Incapacity ≤9 days or none at all. | Arresto menor or fine ≤ ₱40,000. | Elevated to arresto mayor or prisión correccional under RA 7610. |
†Art. 14(10) RPC treats minority of the victim as an aggravating circumstance; RA 7610 imposes a qualifying circumstance (which is stronger, replacing the RPC scale entirely).
4. RA 7610: How Child-Abuse Charges Transform the Case
§3(b) Child Abuse Definition. “Any act that debases, degrades or demeans the dignity of a child…”—physical injury is expressly included.
§10(a) Penalty Escalation.
“…one (1) degree higher than that prescribed by law for the crime…”
Hence, a slight-injury case that would normally warrant arresto menor (1 day-30 days) under the RPC morphs into prisión correccional (6 months-6 years) once charged under RA 7610.
No Barangay Settlement. Offenses under RA 7610 are excluded from Katarungang Pambarangay conciliation (LGC §408[e]).
Venue & Jurisdiction. Family Courts (RA 8369) exercise exclusive original jurisdiction, even if the penalty is within the jurisdiction of the Municipal Trial Court.
5. Overlap with R.A. 9262 (Domestic Violence)
- If the accused is any person with whom the minor has or had a dating or domestic relationship (including parent), prosecutors often file both RA 9262 and RA 7610.
- Courts may convict under either statute, but double jeopardy bars punishment twice for the same act.
- Protection Orders—BPO, TPO, PPO—are available within 24 hours of application; violation constitutes a separate punishable offense.
6. Procedural Roadmap
Medical Certificate from a government-recognized medico-legal officer (Philippine National Police Crime Laboratory or DOH-licensed hospital).
Incident is reported to either:
- PNP Women & Children Protection Desk (WCPD) or
- The Barangay (for incident report only; not for settlement).
Inquest (if arrested in flagrante) or Preliminary Investigation (if by warrant/voluntary surrender).
Information is filed in the Family Court of the province/city where the offense occurred.
Arraignment & Pre-Trial within 30 days.
Bail:
- Grave RA 7610 offenses (penalty > 12 years) → discretionary bail (Sec. 13, Art. III, Constitution);
- Otherwise bailable as of right.
Trial: Child-friendly procedures under the Rule on Examination of a Child Witness (A.M. 00-11-03-SC) allow video testimony, shielding, and closing the courtroom.
Judgment & Sentencing: Civil damages are automatically adjudged (Art. 100 RPC; Art. 2219 Civil Code).
7. Defenses & Mitigating Circumstances
- Parental Discipline (Family Code Art. 218) is a justifying circumstance only if the force was moderate, reasonable, and for a lawful purpose; courts view any implement causing injury (belt buckle, stick, etc.) with extreme caution post-RA 7610.
- Self-Defense / Defense of Relatives (Art. 11[1]-[2] RPC).
- Accident (Art. 12[4]) if no fault/negligence can be imputed.
- Minor-Offender Status—If the accused is below 15 → absolute exemption; 15-18 with discernment → diversion; penalties suspended under RA 9344.
8. Civil Liability in Detail
| Damage Type | Typical Award Range (2025 jurisprudence) | Notes |
|---|---|---|
| Actual | Proven medical bills, therapy, transport | Receipts required; restitution may include future therapy costs. |
| Moral | ₱50,000 – ₱200,000 | Presumed in child-abuse convictions. |
| Exemplary | ₱50,000 – ₱100,000 | If aggravating factors (treachery, cruelty, intoxication) are proven. |
| Attorney’s Fees | Discretionary, usually ₱25,000 | Added when accused acted in bad faith or forced litigation. |
9. Illustrative Supreme Court Rulings
| Case | G.R. No. / Date | Take-Away |
|---|---|---|
| People v. Maldonado | 229340, 27 Apr 2021 | Hitting a 7-year-old with a wooden oar causing 5-cm scalp laceration is child abuse under RA 7610 §10(a); court imposed reclusión temporal despite injury lasting < 30 days. |
| People v. Domingo Carnaso | 248941, 03 Aug 2022 | Injury lasting 12 days, ordinarily less-serious under RPC; elevated to prisión correccional under RA 7610; P-50k moral & P-30k exemplary damages. |
| People v. M.L.B. | 248260, 16 Nov 2023 | Even a single slap can be prosecuted if coupled with threats that demean the child; injury need not be visible; RA 7610 applies. |
| People v. Julio | 261075, 19 Feb 2025 | Parental “discipline” defense rejected where a PVC pipe left bruises for 18 days; court ruled corporal punishment of that nature is unreasonable. |
10. Statute of Limitations
| Offense | Prescriptive Period |
|---|---|
| RA 7610 child-abuse (any gravity) | 20 years (Sec. 15) |
| RPC Serious Injuries | 15 years |
| RPC Less-Serious | 10 years |
| RPC Slight | 2 months |
Clock starts on discovery of the offense when the victim is a minor (Art. 90 RPC as amended by RA 10951).
11. Current Trends & Policy Notes (as of 2025)
- House Bill 10163 seeks to abolish corporal punishment entirely; if passed, “physical discipline” by parents will cease to be a viable defense.
- Digital evidence (home-CCTV, cellphone videos) increasingly used and accepted; SC A.O. No. 79-2023 formalized chain-of-custody rules for electronic exhibits.
- DSWD-certified Child Psychologists now testify remotely via video link under the Enhanced Rules on Electronic Evidence (A.M. 01-7-01-SC, 2023 revision).
12. Practical Checklist for Counsel or Guardians
- Immediate Medical Exam – within 24 hours; secure medico-legal.
- Photograph Injuries – date-stamped; retain original files.
- Affidavit of Complaint – executed by parent/guardian or social worker; sign before prosecutor.
- Notify DSWD – mandatory under RA 7610; child may need temporary protective custody.
- Pursue Protection Order (if domestic) – Barangay for BPO (15-day validity); Court for TPO/PPO.
- Track Prescription – file within RA 7610’s 20-year period but do not wait; memories fade.
- Prepare for Shielded Testimony – request courtroom modifications early.
13. Conclusion
Physical-injury cases involving minors in the Philippines are never just ordinary assault cases. The overlay of RA 7610 elevates both the gravity of the offense and the State’s prosecutorial zeal. When domestic relations are involved, RA 9262 adds a parallel track of protection orders and distinct criminal liability. Counsel must master the dual frameworks, procedural shortcuts in Family Courts, and the nuanced jurisprudence that punishes even minimal physical harm when the act “demeans” the child.
Remember: parental authority ends where unreasonable force begins, and Philippine courts now err strongly on the side of child protection. For victims or guardians, swift documentation, professional medico-legal evidence, and early engagement with the WCPD/DSWD are decisive in securing both a conviction and adequate civil damages.
(This article is for information only and does not constitute legal advice. For case-specific guidance, consult a Philippine lawyer or the Public Attorney’s Office.)