When Shouting at a Child Constitutes Verbal Abuse in the Philippines

When Shouting at a Child Constitutes Verbal Abuse in the Philippines

This article explains the Philippine legal framework, practical thresholds, and remedies related to “shouting” at a child. It covers homes, schools, and community settings, and integrates criminal, civil, and administrative angles. It is general information, not legal advice.


1) The Legal Backbone

Who is a “child”? Philippine law generally defines a child as a person below 18 years old, or one who is over 18 but unable to fully care for or protect themselves because of a physical or mental disability. This definition appears in multiple child-protection statutes.

Primary statutes and rules that matter when the conduct is “shouting”:

  • Republic Act (RA) No. 7610Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

    • “Child abuse” includes psychological or emotional maltreatment and cruelty.
    • “Cruelty” includes acts that debase, degrade, or demean the child’s intrinsic worth as a person.
    • The law covers a single act or repeated acts; maltreatment “whether habitual or not” can qualify.
    • Section 10(a) penalizes “other acts of neglect, abuse, cruelty or exploitation and other conditions prejudicial to the child’s development.”
  • RA No. 9262Anti-Violence Against Women and Their Children (VAWC) Act of 2004.

    • Applies when the alleged offender is the spouse, former spouse, intimate/dating partner of the mother, or the father/step-father/mother’s partner—i.e., a person with or who had a sexual or dating relationship with the child’s mother, or with whom the woman has a common child.
    • It penalizes psychological violence, which includes repeated verbal and emotional abuse, public ridicule or humiliation, intimidation, and harassment, causing mental or emotional suffering to the woman or her child.
    • Courts can issue Protection Orders (Barangay, Temporary, Permanent) and require mandatory counseling/psychological treatment for the perpetrator.
  • PD No. 603Child and Youth Welfare Code.

    • Recognizes parents’ duty to discipline but prohibits cruel, humiliating, or degrading punishment.
  • RA No. 10627Anti-Bullying Act of 2013 (school setting).

    • Requires schools to prohibit verbal and cyber-bullying.
    • Works alongside the DepEd Child Protection Policy (DepEd Order No. 40, s. 2012), which forbids humiliating, degrading, or threatening language, including shouting/cursing, by school personnel and learners.
  • Revised Penal Code (RPC) – fallback crimes that sometimes fit:

    • Grave or light threats, unjust vexation, serious or slight slander (defamation), alarms and scandals, grave coercion, depending on the words, manner, and context.
    • When committed against a minor, RA 7610 often elevates the response, and courts consider the child’s vulnerability and the adult’s position of authority.

2) Does “Shouting” Automatically Equal Verbal Abuse?

No. Philippine law does not make every raised voice a crime. The content, context, frequency, intent, power dynamics, and effect on the child determine whether the conduct crosses into abuse.

Indicators that shouting is likely verbal/psychological abuse (actionable)

  • Content that debases or demeans the child (e.g., repeated name-calling like “bobo,” “walang kwenta,” “tanga”), ridicule, insults, or public shaming, especially before classmates or neighbors.
  • Threatening statements (“ipapahamak kita,” “papaluin/ sasaktan kita,” “itatakwil kita”), intimidation, or harassment, even without physical contact.
  • Repetition/pattern—daily or frequent tirades that create a climate of fear or humiliation.
  • Power imbalance—teacher/student, coach/player, parent/child, caregiver/ward.
  • Observable impact on the child—anxiety, fear, sleep disturbance, withdrawal, regression, academic decline, psychosomatic complaints, or psychological trauma.

Indicators that shouting is unlikely to be abuse (though still discouraged)

  • Isolated, brief raising of voice to avert danger (“Huwag tumakbo sa kalsada!”) without insults or threats and with no harmful after-effects.
  • Firm but non-abusive tone used once to immediately correct hazardous conduct, accompanied by later calm guidance.

Key test under RA 7610: Did the words or manner debase, degrade, or demean the child’s dignity? Key test under RA 9262 (if it applies): Did the acts cause mental or emotional suffering (often shown through testimony and/or psychological evaluation), and were they verbal/emotional abuse, intimidation, humiliation, or harassment?


3) Settings and How the Law Applies

A) Inside the Home (parents, stepparents, partners)

  • RA 7610 applies to anyone who maltreats a child. A single severe episode can be actionable; a pattern strengthens the case.
  • RA 9262 applies if the offender is the spouse/ex-spouse/partner of the child’s mother (or otherwise covered by the statute). Psychological violence covers repeated verbal abuse and public ridicule/humiliation causing emotional suffering.
  • Family Code remedies may include suspension or deprivation of parental authority where cruelty or abuse is established.

B) Schools (teachers, staff, other learners)

  • DepEd Child Protection Policy forbids humiliating, degrading, or threatening language by school personnel; shouting/cursing at learners is prohibited. Violations can lead to administrative sanctions (suspension, dismissal, license issues with PRC for professional teachers).
  • RA 10627 mandates anti-bullying policies. Verbal bullying (including repeated shouting/taunts) by students triggers school discipline and interventions.
  • Depending on the severity, RA 7610 criminal liability may also attach.

C) Community/Other Settings (neighbors, coaches, religious leaders, caregivers)

  • RA 7610 can apply to any person who psychologically abuses a child.
  • RPC offenses (e.g., threats, unjust vexation, slander) may fit certain fact patterns.

4) Evidence: Proving Verbal/Psychological Abuse

Because shouting is often fleeting, evidence strategy matters:

  • Victim testimony (child), using child-friendly procedures under the Rule on Examination of a Child Witness (e.g., screens, support persons, reduced intimidation).

  • Corroborating witnesses: siblings, neighbors, classmates, other parents, teachers.

  • Behavioral/medical evidence: school reports, guidance counselor notes, psychological evaluation documenting anxiety, trauma, regression, etc.

  • Texts, chats, social media posts, written notes; photographs of public postings (e.g., shaming placards).

  • Audio/video recordings:

    • Caution: The Anti-Wiretapping Act (RA 4200) generally makes secret audio recordings of private conversations illegal unless with proper consent/court authorization. Illegally obtained audio can be inadmissible and can expose the recorder to liability.
    • Open/public scenes, CCTV (without unlawful audio capture), and witness observation are safer sources of proof.

In VAWC psychological-violence cases, courts typically look for proof of mental/emotional suffering. That can be the victim’s credible testimony and/or a psychological report establishing the impact.


5) Liabilities and Remedies

Criminal

  • RA 7610 Section 10(a) penalizes other acts of abuse/cruelty (including psychological or emotional maltreatment). Penalties include imprisonment and may be stiffer when the victim is particularly young or the offender holds a position of trust.
  • RA 9262 penalizes psychological violence against women and their children by a covered partner; penalties include imprisonment, fines, and mandatory counseling/psychiatric treatment.
  • RPC crimes (threats, unjust vexation, slander, coercion) may be charged alongside or in the alternative depending on the facts.

Civil

  • The child (through a parent/guardian or social worker) may seek moral, exemplary, and actual damages. Under VAWC, civil actions can be pursued with or separate from the criminal case.

Administrative

  • Teachers/school personnel: sanctions under DepEd rules and the PRC Code of Ethics for Professional Teachers; possible suspension/revocation of license for grave misconduct or child abuse.
  • Civil servants: CSC discipline.
  • Private employees in regulated professions may face licensing or employment consequences.

Protection Orders (VAWC context)

  • Barangay Protection Order (BPO) – swift, short-term relief;

  • Temporary Protection Order (TPO) – usually issued quickly by the court;

  • Permanent Protection Order (PPO) – after hearing.

    • These orders can prohibit contact, harassment, stalking, intimidation, and may set stay-away distances. Violating a protection order is a separate offense.

6) Parental Discipline vs. Abuse

Philippine law recognizes a parent’s duty to guide and discipline a child. But discipline must be reasonable and never cruel, humiliating, or degrading. Practical guardrails:

  • Purpose: Correct and teach, not vent anger or humiliate.
  • Manner: Avoid insults, curses, threats, and public shaming.
  • Frequency: A pattern of tirades suggests abuse; a single severe incident can still be actionable if it debases the child.
  • Impact: If the child shows fear, trauma, or significant distress, the conduct likely crossed the line.
  • Alternatives: Clear expectations, calm consequences, time-outs, loss of privileges, restorative conversations.

7) Practical Scenarios

  • Parent screams nightly, calling the child “bobo,” threatening harm.

    • RA 7610: Psychological abuse/cruelty; actionable even without physical injury.
    • RA 9262: If the parent is the mother’s spouse/partner or otherwise covered, this is psychological violence; Protection Orders available.
  • Teacher publicly shouts at and mocks a student (“walang pag-asa”), making classmates laugh.

    • DepEd: Violation of Child Protection Policyadministrative liability.
    • RA 7610: Depending on facts/impact, criminal liability may also attach.
  • Coach, in a single practice, yells “Bilisan mo!” loudly to prevent injury; no insults or threats.

    • Likely not abuse (contextual, safety-driven, no degrading content, no harmful impact).
  • Neighbor repeatedly shouts insults at a child playing outside and threatens to “beat him.”

    • RA 7610 and/or RPC threats/unjust vexation; potential criminal case.

8) How to Act (Parents, Guardians, Educators, Bystanders)

If you suspect abuse:

  1. Ensure safety first. Remove the child from immediate danger, if possible.

  2. Document dates, times, exact words (as best as you can), and the child’s reactions.

  3. Avoid illegal secret audio recordings (see RA 4200 note above).

  4. Report to any of the following, depending on context:

    • Barangay (especially for BPOs in VAWC situations),
    • DSWD/LGU social welfare office (protective custody, casework),
    • PNP Women and Children Protection Desk or NBI,
    • School Child Protection Committee (for school incidents).
  5. Seek evaluation from a psychologist/psychiatrist or guidance counselor when there are signs of distress.

  6. Consult a lawyer or public attorney (PAO) for complaint drafting and remedies.

If you’re accused:

  • Do not contact or intimidate the child or witnesses.
  • Comply with any Protection Order.
  • Engage counsel early, preserve your own evidence (e.g., messages, witnesses), and consider counseling or parenting classes as appropriate.
  • In school cases, participate in the administrative process and observe due process without retaliation.

9) Penalties and Outcomes (At a Glance)

  • Criminal: Imprisonment and fines under RA 7610 or RA 9262; RPC penalties for threats/defamation/coercion when applicable. Courts often treat abuse of a minor and abuse of authority as aggravating.
  • Administrative: Suspension, dismissal, and/or license sanctions for educators and public servants.
  • Civil: Damages (moral, exemplary, actual) and reimbursement of therapy costs; attorney’s fees in proper cases.
  • Protective: BPO/TPO/PPO to immediately stop harassment/intimidation and keep the perpetrator away from the child.

10) Quick Checklist: Is the Shouting “Abuse” Under PH Law?

  • Words used: Insults, slurs, threats, ridicule, humiliation?
  • Setting: Public shaming? In front of peers/online?
  • Pattern: Repeated or severe single incident?
  • Power: Parent/teacher/coach or other authority figure?
  • Effect: Fear, anxiety, trauma, behavior change, school decline?
  • Relationship: If the offender is the mother’s spouse/partner/father—RA 9262 likely applies; otherwise RA 7610 or RPC may.
  • Evidence: Witnesses, notes, messages, psychological assessment (avoid illegal audio).

If several answers are yes, the conduct is likely actionable verbal/psychological abuse.


11) Frequently Asked Questions

Is one angry outburst a crime? It can be, if it debases or humiliates the child or causes emotional suffering (e.g., severe threats, vicious ridicule). A pattern is not required, though it strengthens the case.

What if there is no physical injury? Not required. Psychological/mental harm or degrading treatment can suffice.

Do I need a psychologist’s report? In VAWC psychological-violence cases, it’s often important to prove emotional suffering. In RA 7610 cases, testimony and circumstances showing degradation/harm may be enough—but professional evaluation helps.

Can a school settle it internally? Schools must act through their Child Protection Committees. However, serious incidents can (and often should) proceed to law enforcement and courts irrespective of internal measures.

Can barangay conciliation settle this? Criminal child abuse and VAWC cases are generally not subject to barangay mediation/conciliation; instead, Protection Orders and criminal complaints are the norm. Always check with counsel.


12) Key Takeaways

  • Shouting becomes verbal abuse when it debases, degrades, or demeans a child or causes mental/emotional suffering—especially when repeated, threatening, public, or from an authority figure.
  • RA 7610 covers any abuser; RA 9262 specifically covers partners/fathers/step-partners in relation to the child’s mother and provides Protection Orders.
  • Schools must prevent verbal abuse; shouting/cursing at learners violates DepEd policy and can trigger criminal and administrative cases.
  • Evidence should be gathered lawfully (avoid illegal secret audio). Witnesses and psychological assessments matter.
  • Victims can pursue criminal, civil, administrative, and protective remedies.

Final note

Laws are enforced through facts and context. If this touches a real situation, consider consulting a Philippine lawyer or DSWD/WCPD officer to tailor the approach and ensure the child’s immediate safety.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.