Revised Penal Code

Slight Physical Injuries occur when the physical injuries do not

require medical assistance (if medical assistance is required, the range is 1 to 9
days) or do not prevent the victim from working.
If the victim does not require medical attendance or is not prevented from
engaging in habitual work, then the crime is considered as slight physical
injuries and punishable with imprisonment of arresto menor (1 day to
30 days) OR a fine not exceeding P40,000. The penalty becomes higher and
is elevated to imprisonment of arresto mayor (1 month and 1 day to 6 months)
if the victim will require medical attention or is unable to work for a period
of 1 to 9 days. Thus, ART. 266 OF THE RPC states:

“Art. 266. Slight physical injuries and maltreatment. – The crime of slight
physical injuries shall be punished:
1. By arresto mayor when the offender has inflicted physical injuries which shall incapacitate
the offended party for labor from one (1) day to nine (9) days or shall require medical attendance
during the same period.
2. By arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) and censure when
the offender has caused physical injuries which do not prevent the offended party from engaging
in his habitual work nor require medical assistance.

Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Article 14. Aggravating circumstances. - The following are aggravating

circumstances:

3. That the act be committed with insult or in disregard of the respect due the
offended party on account of his rank, AGE, or sex, or that is be committed in
the dwelling of the offended party, if the latter has not given provocation.

6. That the CRIME BE COMMITTED IN THE NIGHT TIME , or

in an uninhabited place, or by a band, whenever such circumstances may
facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a band.

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CIVIL CODE

TITLE FIVE

CIVIL LIABILITY

CHAPTER TWO
WHAT CIVIL LIABILITY INCLUDES
Article 104. What is included in civil liability. - The civil liability established in Articles
100, 101, 102, and 103 of this Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES.

Article 107. Indemnification; What is included. - Indemnification for consequential
damages shall include not only those caused the injured party, but also those suffered by
his family or by a third person by reason of the crime.

Article 108. Obligation to make restoration, reparation for damages, or indemnification for
consequential damages and actions to demand the same; Upon whom it devolves. - The
obligation to make restoration or reparation for damages and indemnification for
consequential damages devolves upon the heirs of the person liable.

The action to demand restoration, reparation, and indemnification likewise descends to

the heirs of the person injured.

Article 109. Share of each person civilly liable. - If there are two or more persons civilly
liable for a felony, the courts shall determine the amount for which each must respond.

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MORAL DAMAGES are awarded to enable the injured party to obtain means,
diversions or amusements that will serve to alleviate the moral suffering he has
undergone, by reason of the defendant’s culpable action. (Kierulf vs. Court of
Appeals, G.R. No. 99301, 13 March 1997)

The provisions of the new Civil Code on moral damages state:

“Art. 2217. Moral damages include PHYSICAL SUFFERING, mental anguish,

fright, SERIOUS ANXIETY, besmirched reputation, wounded feelings, moral
shocks, social humiliation, and similar injury. Though incapable of pecuniary
computation, moral damages may be recovered if they are the proximate result of
the defendant’s wrongful act or omission.

Art. 2219. Moral damages may be recovered in the following and analogous cases:

(1) A CRIMINAL OFFENSE RESULTING IN PHYSICAL INJURIES;

(2) Quasi-delicts causing physical injuries;

Meanwhile, Article 2216 of the Civil Code does not provide a

minimum amount for moral and exemplary damages and leaves
it entirely to the discretion of the courts. Jurisprudence
similarly pegs the amount at P100,000.00

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REPUBLIC ACT NO. 7610

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition;

(b) "CHILD ABUSE" refers to the maltreatment, whether habitual or not, of the
child which includes any of the following:

(1) Psychological and PHYSICAL ABUSE, neglect, cruelty, sexual abuse

and emotional maltreatment;

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development. –

(a) Any person who shall commit any other acts of CHILD ABUSE, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree No. 603,
as amended, but not covered by the Revised Penal Code, as amended, shall suffer
the penalty of PRISION MAYOR in its minimum period.

Prision mayor and temporary disqualification. - The duration of the penalties of prision mayor
and temporary disqualification shall be from SIX YEARS AND ONE DAY TO
TWELVE YEARS, except when the penalty of disqualification is imposed as an
accessory penalty, in which case its duration shall be that of the principal penalty.

ARTICLE XII
Common Penal Provisions

Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its MAXIMUM PERIOD
if the offender has been previously convicted under this Act;

(e) The penalty provided for in this Act shall be imposed in its maximum period if
the offender is a PUBLIC OFFICER or employee: Provided, however, That if the
penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of
perpetual or temporary absolute disqualification shall also be imposed: Provided,
finally, That if the penalty imposed is prision correccional or arresto mayor, the
penalty of suspension shall also be imposed; and

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(f) A FINE to be determined by the court shall be imposed and administered as a
cash fund by the Department of Social Welfare and Development and disbursed for
the rehabilitation of each child victim, or any immediate member of his family if the
latter is the perpetrator of the offense.

REPUBLIC ACT 9231

“SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION ACT”

ANY PERSON WHO SHALL COMMIT ANY OTHER ACT OF

CHILD ABUSE, CRUELTY, OR EXPLOITATION OR BE
RESPONSIBLE FOR THE CONDITIONS PREJUDICIAL TO THE
CHILD’S DEVELOPMENT, SHALL SUFFER THE PENALTY OF
IMPRISONMENT FROM 12 YEARS AND 1 DAY TO 14 YEARS
AND 8 MONTHS.

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REPUBLIC ACT NO. 9262
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law
enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of
the victim by entering the necessary whether or not a protection order has been
issued and ensure the safety of the victim/s;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or
hospital;

(e) assist the barangay officials and other government officers and employees who
respond to a call for help;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of
violence defined by this Act is occurring, or when he/she has personal knowledge
that any act of abuse has just been committed, and there is imminent danger to the
life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social
Welfare Department of LGUs or accredited non-government organizations (NGOs).

ANY BARANGAY OFFICIAL or law enforcer WHO FAILS TO REPORT the incident
shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever
applicable CRIMINAL, CIVIL OR ADMINISTRATIVE LIABILITY.

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DSWD

Who is considered a child under R.A. No. 7610?

A child one who is below 18 years of age or one who is over 18 years of age but
who cannot take care of himself fully because of a physical or mental disability
or condition.
What is child abuse?

It is any act which inflicts physical or psychological injury, cruelty to or the

neglect, sexual abuse of, or which exploits, a child.
Who are required by law to report child abuse cases?

The following must report child abuse case:

1. The head of a public or private hospital, medical clinic or similar

institution, as well as the physician and nurse who attended to the needs
of the abused child.
2. Teachers and administrators of public schools
3. Parole and probation officer
4. Government lawyers
5. Law enforcement officers
6. BARANGAY OFFICIALS
7. Correction officers such as jail guards
8. OTHER GOVERNMENT OFFICIALS AND EMPLOYEES WHOSE WORK
INVOLVES DEALING WITH CHILDREN

Can then persons named above be CHARGED CRIMINALLY if they do not

report a child abuse case?

YES.

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