Filing a Criminal Complaint for Physical Injuries Involving a Minor in the Philippines A Comprehensive Legal Guide (2025 update)
1. Governing Statutes and Rules
| Source of Law | Key Provisions Relevant to Minors & Physical Injuries |
|---|---|
| Revised Penal Code (RPC), Arts. 262–266 | Defines serious, less-serious, and slight physical injuries; sets penalties, prescriptive periods, and aggravating/mitigating circumstances. |
| R.A. 7610 (Special Protection of Children Act) | Any offense committed against a child below 18 is punished one degree higher than that fixed by the RPC; bars amicable settlement that diminishes liability. |
| R.A. 9344 & R.A. 10630 (Juvenile Justice and Welfare Act, as amended) | Diversion procedures and non-penal measures when the offender is below 18; establishes Bahay Pag-asa, DSWD supervision and automatic sealing of records. |
| R.A. 9262 (Violence Against Women and Their Children) | Provides Barangay & Temporary Protection Orders (BPO/TPO) when the abuser is an intimate partner or parent; physical injuries to a child constitute child abuse plus VAWC. |
| R.A. 8369 (Family Courts Act) | Vests exclusive jurisdiction over criminal cases where one party is a minor (victim or accused) in designated Family Courts (generally an RTC branch). |
| Rule on Examination of Child Witness (A.M. 004-7-20-SC) | Allows child-friendly testimony (videotaped deposition, screens, leading questions, support person). |
| Revised Katarungang Pambarangay Law (LGC, R.A. 7160) | Barangay conciliation ordinarily precedes filing, but excluded if victim is a minor or penalty exceeds six months or ₱5,000, or if child abuse is alleged. |
| Rules on Expanded Inquest (DOJ Circular 61 s. 1993) | Where arrest without warrant is lawful, inquest may proceed even for Family Court cases. |
Definition of a Child – any person below eighteen (18) years of age, or over 18 but unable to fully take care of himself/herself because of a physical or mental disability (R.A. 7610, §3).
2. Classification of Physical Injuries
| Category (RPC) | Requisite Medical Findings | Typical Penalty (basic) | When Victim is a Child (R.A. 7610) |
|---|---|---|---|
| Serious (Art. 263) | (a) loss of use of organ, incapacity > 90 days, deformity, etc. | Prisión mayor – reclusión temporal | One degree higher ⇒ reclusión temporal – reclusión perpetua |
| Less-serious (Art. 265) | Incapacity 10–30 days or medical attendance > 10 days | Arresto mayor (1 mo 1 d – 6 mos) | Becomes prisión correccional |
| Slight (Art. 266) | Incapacity ≤ 9 days and medical attendance ≤ 9 days | Arresto menor or fine ≤ ₱40,000 | Becomes arresto mayor |
Doctors use a Medico-Legal Certificate that states the healing period, which dictates the proper article to charge under.
3. When the Victim Is a Minor
- Higher Penalty. The court automatically imposes the next higher degree (Art. 61, RPC in relation to R.A. 7610).
- Aggravating Circumstance. Minority is aggravating under Art. 14 (3) and may bar probation.
- Mandatory DSWD Involvement. DSWD social worker must assess the child’s psychosocial needs and may recommend protective custody.
- Evidentiary Aids. Statements taken in a child-friendly interview room are admissible; confronting the accused directly can be avoided.
- Civil Damages. Parents or legal guardians may claim (a) actual medical expenses, (b) moral and exemplary damages, and (c) support during incapacity (Art. 220, Family Code).
4. When the Offender Is a Minor (Child-in-Conflict-with-the-Law, CICL)
| Stage | Key Divergences Under R.A. 9344 |
|---|---|
| Police Contact | Turn-over to Women and Children Protection Desk (WCPD) within 8 hours; no inquest if child is below 15. |
| Diversion | Mandatory for offenses where imposable imprisonment ≤ 12 years; agreement approved by Lupon, prosecutor, or judge. |
| Bail / Custody | Detention only as a last resort; placement in Bahay Pag-asa or DSWD-accredited facility. |
| Trial | Conducted in chambers by a Family Court; automatic sealing of records after dismissal or completion of diversion. |
| Prescription | Suspended while diversion is ongoing (Art. 93, RPC). |
5. Step-by-Step Complaint Procedure (Minor Victim)
Seek Immediate Medical Care
- Request a Medico-Legal Exam at a government hospital or PNP Crime Laboratory.
- Secure Barangay Certification if injury resulted from domestic violence.
Prepare Documentary Requirements
Document Where to Get Purpose Sworn Statement (Sinumpaang Salaysay) Police/WCPD Narrates facts; signed before prosecutor or notary. Medico-Legal Certificate Hospital/PNP CL Establishes category of injury. Birth Certificate of Child PSA Proof of minority. Photos, CCTV, chat logs Private record Corroborative evidence. Where to File
- Direct Filing with the Office of the City/Provincial Prosecutor (OCP/OPP) is typical because Katarungang Pambarangay does not apply.
- If suspect is in flagrante arrested, the inquest happens within 36 hours (serious/less-serious) or 18 hours (slight).
Preliminary Investigation
- Respondent files a Counter-Affidavit.
- Prosecutor determines probable cause and correct classification; may order further medical exam if healing period is disputed.
Information & Arraignment
- Family Court (RTC) if maximum penalty exceeds six years or the victim/offender is a minor.
- MTC/MTCC if penalty ≤ 6 years and victim is an adult.
- Arraignment must occur within 30 days; court may use two-way CCTV under the Child Witness Rule.
Trial & Judgment
- Continuously-held trial (Rule 119 §2).
- Victim impact statement encouraged.
- Decision within 90 days after submission for resolution.
Execution & Remedies
- Restitution and damages enforceable on assets of accused; subsidiary imprisonment not allowed for civil indemnity.
- Probation unavailable if penalty, as raised under R.A. 7610, exceeds prision correccional – medium.
6. Prescriptive Periods (Art. 90–91, RPC)
| Injury Class after R.A. 7610 Aggravation | Max Penalty | Prescription |
|---|---|---|
| Serious (now reclusión temporal↑) | > 12 yrs ≤ 20 yrs | 15 years |
| Less-serious (now prisión correccional) | > 6 mos ≤ 6 yrs | 10 years |
| Slight (now arresto mayor) | ≤ 6 mos | 2 months |
The period starts from discovery of the offense by the offended party, parents, or guardians (Art. 91). Running is tolled by filing the complaint.
7. Civil Action (Automatic with Criminal Case)
- Actual Damages – medical bills, therapy, transport.
- Moral Damages – mental anguish, fright, wounded feelings; presumed if minor is offended party.
- Exemplary Damages – to deter public wrong, usually ₱30 k–₱50 k.
- Attorney’s Fees – may be awarded if court deems just. No separate filing fee is needed if the civil action is implied in the criminal information.
8. Ancillary Protective Measures
| Remedy | Issued By | Salient Features |
|---|---|---|
| Barangay Protection Order (BPO) under R.A. 9262 | Punong Barangay | Valid 15 days; excludes the offender from residence or prohibits harassment. |
| Temporary Protection Order (TPO) | Family Court | Ex-parte; 30 days; may be converted to PPO after hearing. |
| Children’s Safety Desk (DepEd Order 40-2012) | School Principal | Separates accused student/teacher, provides counseling and referral. |
| DSWD Protective Custody | DSWD Regional Director | 24-hour issuance; child may be placed in shelter or foster home. |
9. Evidence & Trial Techniques
- Medico-Legal Narrative must indicate exact healing period or doctor may be subpoenaed.
- Chain of Custody for torn clothing or weapons (PNP SOP No. M-01-86).
- Videotaped Interview admissible if (a) conducted by trained child interviewer, (b) with sworn statement, (c) copy furnished to defense 5 days before trial.
- Hearsay Exception – Spontaneous utterance of the child regarding the offense may be admitted (Rule on Child Witness, §28).
- Expert Testimony on child psychology can explain delayed reporting.
10. Practical Tips for Parents / Guardians
- Document early. Take photos of injuries before they fade; even slight bruising can support aggravation under R.A. 7610.
- Mind prescription. Two months pass quickly for slight injuries; file with the OCP even if reconciliation seems possible.
- Avoid private settlements. A quit-claim has no effect on criminal liability and may be void for being contrary to law and public policy.
- Seek psychosocial support. DSWD and NGOs (e.g., Child Protection Network, Bantay Bata 163) offer free counseling and therapy.
- Coordinate with WCPD. They are specially trained; reports routed through regular precincts often lack child-sensitive handling.
11. Common Pitfalls
| Pitfall | Consequence | How to Avoid |
|---|---|---|
| Accepting an “amicable settlement” at barangay level | Case may be dismissed for non-observance of KP if settlement is void; child still traumatized. | Insist on direct filing with prosecutor; cite R.A. 7610 exclusion. |
| Incorrect medical category | Penalty mis-classified; court may convict only of slight injuries. | Request follow-up medical to show extension of healing period > 10 days. |
| Non-adherence to Child Witness Rule | Testimony stricken; revictimization. | File motion beforehand; request CCTV or shielding. |
| Expired Medico-Legal Certificate | Hearsay objection. | Bring examining doctor to court or authenticate via subpoena duces tecum. |
12. Frequently Asked Questions
Q 1: Can we withdraw the complaint if we forgive the offender? A: Forgiveness affects only civil liability (may reduce moral damages). Crimes against children are public offenses; the State prosecutes even without the parents’ consent.
Q 2: What if the accused is also a minor? A: The case shifts to CICL handling. Diversion is required if the imposable penalty is below 12 years after aggravation. The victim’s family still pursues civil damages.
Q 3: Is a medical certificate indispensable? A: Yes, to fix the penalty. Courts have dismissed physical-injury complaints where healing period was unsubstantiated.
Q 4: Can the child testify behind a one-way mirror? A: Yes. The court may employ “live-link” or shielding methods upon motion, balancing the accused’s right to confrontation with child’s best interests.
Q 5: What is the role of the Barangay Council for the Protection of Children (BCPC)? A: Monitoring, referral, and after-care services; BCPC members may accompany the child to police stations and hearings.
13. Conclusion
The Philippine legal system provides a layered framework that both elevates penalties for offenses against minors and softens procedures when minors are in conflict with the law. Successfully pursuing a complaint for physical injuries involves:
- Prompt medical documentation to establish the degree of harm;
- Direct recourse to the prosecutor (bypassing barangay conciliation in most cases);
- Child-sensitive handling at every procedural stage, anchored on the Rule on Examination of Child Witness;
- Collaboration with DSWD and WCPD for psychosocial and protective interventions; and
- Vigilance against prescription and technical pitfalls that can undermine the case.
While no guide can cover every factual nuance, the principles outlined above equip parents, guardians, child advocates, and legal practitioners with the doctrinal and procedural fundamentals necessary to protect a child’s rights and secure accountability for physical harm. For tailored advice, always consult a Philippine lawyer or a legal aid clinic experienced in child-protection litigation.