Legal Recourse for Assault with a Minor Involved in the Philippines

Nov 28

Dear Attorney,

I hope this letter finds you well. I am writing to seek legal advice regarding an incident that transpired recently. I was physically assaulted by someone while I was carrying a child, and unfortunately, the child was affected by the assault, possibly injured in the process.

I would like to know if it is possible to file charges against the person who attacked me, considering both the harm caused to me and the potential harm to the child. I am eager to understand my legal options under Philippine law and ensure the safety and well-being of myself and the child involved.

Your guidance on this matter will be deeply appreciated.

Sincerely,
A Concerned Parent

Legal Perspective: Filing Charges for Assault Involving a Minor in the Philippines

1. Overview of the Legal Framework

Under Philippine law, any act of physical harm inflicted upon another person is generally classified as a crime, depending on the severity of the injury, the intent of the perpetrator, and the circumstances surrounding the act. The Revised Penal Code (RPC), Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act), and other special laws provide a comprehensive legal framework to address such incidents, particularly when a minor is involved.

The scenario described involves two possible areas of criminal liability:

Direct harm to the adult victim (you, the parent).
Indirect or direct harm to the minor who was present during the assault.

Both can form the basis for legal action, depending on the facts.

2. Criminal Liability for Physical Assault Against the Adult Victim

Physical assault, under the Revised Penal Code, may be classified as physical injuries or frustrated/murder or homicide, depending on the extent of harm and the intent of the assailant.

Key Provisions

Article 266 (Slight Physical Injuries): Covers minor injuries that heal within days.
Article 263 (Serious Physical Injuries): Applies if the injury results in permanent disability, significant deformity, or the victim's inability to work for over 90 days.
Article 249 (Homicide) and related provisions: If the assault results in death, liability increases significantly.

The presence of a child being carried at the time of the assault may aggravate the charge. Philippine jurisprudence recognizes that actions endangering vulnerable individuals, such as children, call for stricter accountability.

Penalties and Aggravating Circumstances

The penalty for assault may increase if the perpetrator acted with treachery or if the act caused public scandal (e.g., in a public space).
Under Article 14, paragraph 3 of the RPC, harming a person carrying a minor may be considered an aggravating circumstance because it involves disregard for the child’s safety.

3. Harm or Endangerment of the Minor

Special Protection of Minors: Republic Act No. 7610

RA 7610 is the primary law ensuring children’s protection in the Philippines. Section 3(b)(2) defines child abuse as any act that exposes a minor to harm or injury. Even if the minor was not the direct target, endangerment or unintentional injury caused by reckless or intentional actions could fall under this provision.

Relevant Sections:

Section 10(a): Penalizes any act causing psychological or physical harm to a child, whether intentional or through negligence.
Section 3(d): Defines neglect and abuse as exposing a minor to unreasonable risk, including incidents where an adult's violent behavior places a child in harm’s way.

Liability for Endangerment

The attacker can face charges for reckless imprudence resulting in harm under the RPC if their actions inadvertently caused the child to be injured. If no actual injury occurred, the exposure itself could be treated as endangerment under RA 7610.

Illustrative Jurisprudence

In People v. Ponsica, the court emphasized that children’s protection under RA 7610 extends to acts of negligence or recklessness, not just intentional harm. Thus, the indirect involvement of a minor in violent circumstances often strengthens the case against the accused.

4. Filing the Case: Procedural Considerations

Steps to File a Complaint

File a Police Report
- Visit the nearest police station to report the incident immediately. Ensure to include details about the assault, the minor’s involvement, and any visible injuries.
Medical Examination
- Obtain a medico-legal certificate to document physical injuries for yourself and the minor, if applicable.
Sworn Statement
- Submit a sworn affidavit describing the events, ensuring to highlight how the child was endangered or harmed.

Jurisdiction

Cases involving children often require coordination with the Department of Social Welfare and Development (DSWD). The barangay can mediate minor cases, but criminal offenses involving child endangerment must be escalated to the courts.

Legal Remedies

Criminal Charges: File for physical injuries (RPC) and/or child abuse (RA 7610).
Civil Action: You may seek damages for medical expenses, emotional distress, and harm caused to the minor.

5. Civil Liability: Claim for Damages

In addition to criminal liability, the assailant may be held civilly liable under Article 2176 of the Civil Code (quasi-delicts). The parent/guardian of the child can claim compensation for:

Actual Damages: Medical bills and related expenses.
Moral Damages: Compensation for psychological trauma or distress.
Exemplary Damages: If the attack was particularly egregious or involved bad faith.

6. Practical Challenges and Considerations

Burden of Proof

The burden of proof lies on the complainant to demonstrate that the assault occurred, that the assailant was responsible, and that the minor was harmed or endangered as a result.
Eyewitness accounts, CCTV footage, and medical evidence strengthen the case.

Mitigating Factors for the Accused

The accused may argue self-defense or accidental harm. Philippine courts evaluate such claims strictly, especially when minors are involved.

Role of Barangay Mediation

In minor disputes, barangay conciliation may precede formal litigation. However, severe physical injuries and child endangerment bypass this process and proceed directly to court.

7. Broader Implications: Legal and Social

This case underscores the societal responsibility to protect vulnerable individuals, especially minors, during violent encounters. The law serves as a deterrent to reckless or malicious actions that jeopardize public safety.

Conclusion

Yes, you may file charges against the individual who assaulted you, considering both the physical harm inflicted on you and the danger posed to the minor. The case involves potential violations of the Revised Penal Code and RA 7610. Seeking immediate legal representation will ensure that your rights and the child’s welfare are safeguarded throughout the legal process.

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

Harold Respicio