Below is a broad, in-depth discussion on the legal framework in the Philippines concerning the penalty for the attempted rape of a child as well as potential liability for maternal (parental) negligence or complicity. This overview references key statutes such as the Revised Penal Code (RPC), as amended (particularly by the Anti-Rape Law of 1997 or RA 8353), the Anti-Child Abuse Law (RA 7610), and other relevant laws on child protection.

1. Legal Foundations: Relevant Philippine Laws

Revised Penal Code (RPC), as amended:
- Originally, the crime of rape was covered by Articles 335–337 of the RPC. Republic Act No. 8353 (the Anti-Rape Law of 1997) later amended the RPC, reclassifying rape from a “crime against chastity” to a “crime against persons” under Articles 266-A to 266-D.
- The concept of “attempted” crimes, including attempted rape, is governed by Article 6 of the RPC (defining “attempted,” “frustrated,” and “consummated” stages of felony) and by the specific provisions on penalties in Article 266-B for rape, read in relation to the general rules on graduation of penalties.
Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act):
- RA 7610 provides special protection for children against abuse and exploitation. It penalizes not only direct perpetrators of child abuse or sexual offenses but may also cover acts of omission by persons who have custody of a child and fail to prevent abuse.
- Under Section 10 of RA 7610, those “who have custody of the child” and willfully fail to protect the child from abuse can be held criminally liable.
Republic Act No. 8353 (Anti-Rape Law of 1997):
- This law significantly revised the provisions on rape under the RPC, expanding the definition of rape, specifying circumstances that qualify the crime, and providing guidelines on the penalties.
RA 11648 (Raising the Age of Sexual Consent to 16 years old):
- Enacted in 2022, RA 11648 amended certain portions of the statutory rape law, raising the age of sexual consent from 12 to 16 years old. Any sexual act with a child below 16 is considered statutory rape (or a related sexual offense) unless the close-in-age exemptions apply (though these exceptions are narrowly defined).

2. Defining Attempted Rape of a Child

2.1. Elements of Attempted Rape under the Revised Penal Code

Under Article 6 of the RPC, a crime is attempted when the offender commences the commission of the felony directly by overt acts but does not perform all the acts of execution by reason of some cause or accident other than his or her spontaneous desistance.

In the context of attempted rape, this typically involves:

The offender commencing to perform acts that are intended to accomplish a sexual assault or sexual intercourse with the child.
The offender’s actions not resulting in a consummated rape because of extraneous circumstances or intervention, not because the offender voluntarily stopped.

2.2. Distinction between Consummated and Attempted Rape

Consummated Rape (Article 266-A, RPC): Occurs once the offender has carnal knowledge of the victim (forcibly, under intimidation, or under circumstances outlined in law), or commits sexual assault as defined by the Anti-Rape Law of 1997.
Attempted Rape: The acts taken by the offender show a clear intention to rape (e.g., overt physical acts like forcibly removing the child’s clothes, attempting to restrain the victim for sexual assault) but the crime is not consummated because of external factors (e.g., the victim escapes, another person intervenes).

When the victim is under 16 years of age, the law classifies the act—if consummated—as statutory rape, which carries severe penalties. The attempt thereof is similarly punished but at a lower degree.

3. Penalties for Attempted Rape of a Child

3.1. General Rule on Penalties for Attempted Felonies

Article 51 of the RPC provides a general rule that the penalty for an attempted felony is two degrees lower than that prescribed by law for the consummated felony. This general principle applies in determining the specific penalty for attempted rape, unless there is a special provision prescribing a different penalty.

3.2. Penalty for Rape of a Child (Statutory Rape)

Consummated statutory rape (where the victim is under 16 years old) is typically penalized by reclusion perpetua (i.e., 20 years and 1 day up to 40 years).
Certain qualifying circumstances—such as where the victim is under 16 and the offender is a parent, ascendant, guardian, or a person in authority—can elevate the penalty or its range. However, the imposition of the death penalty is currently suspended in the Philippines.

3.3. Applying the Two-Degrees-Lower Rule to Attempt

Following the general rule of two degrees lower:

If consummated statutory rape is punishable by reclusion perpetua, then one degree lower would be reclusion temporal (12 years and 1 day to 20 years), and two degrees lower would be prision mayor (6 years and 1 day to 12 years).

Hence, the typical range for attempted statutory rape would fall under prision mayor (in any of its periods), unless modified by aggravating or mitigating circumstances. The courts, in practice, consider the presence of any aggravating or mitigating circumstances to fix the specific duration of the penalty within prision mayor’s range.

4. Maternal (Parental) Negligence or Complicity

4.1. Legal Basis for Maternal/Parental Liability

While the Revised Penal Code does not have an explicit article titled “maternal negligence,” liability can arise if a parent or guardian:

Directly participates or conspires in the commission of the crime (e.g., helps or abets the offender).
Willfully fails or refuses to prevent the sexual abuse of their child when they have a duty to do so.

Under RA 7610, Section 10 states:

Any person who has custody of a child and willfully fails to protect that child from abuse or inflicts abuse upon the child shall be penalized.
“Child abuse” covers any act that debases, degrades, or demeans the intrinsic worth and dignity of a child. Failing to protect a child from an attempted or consummated sexual assault can fall under this definition.

4.2. Penalties under RA 7610

Under Section 10(a) or 10(b) (depending on the specific circumstances), the law penalizes individuals who are entrusted with the care of a child and commit or allow acts of abuse.
The range of penalties can vary from prision correccional (6 months and 1 day to 6 years) to reclusion temporal (12 years and 1 day to 20 years), depending on the gravity and specific provisions violated.
If it is shown that the mother (or the person entrusted with custody) was aware of the abuse and could have intervened but refused or failed to do so, she may be held criminally liable. This liability is separate from the liability of the primary offender.

4.3. Other Potential Liabilities

In addition to RA 7610, parents or guardians may face liability under general penal provisions if there is evidence of:

Conspiracy or Accomplice Liability: If the parent assisted or gave moral and material support to the perpetrator, thus making the parent an accomplice or an accessory under the Revised Penal Code.
Other Child Protection Laws: If the parent’s actions or omissions violate other laws relating to child protection, the appropriate provisions of those statutes could apply.

5. Key Points of Procedure and Enforcement

Prosecution of Offenders:
- The public prosecutor (from the Office of the City or Provincial Prosecutor) will evaluate whether sufficient probable cause exists to charge a suspect with attempted rape under Article 266-A in relation to Article 6 (attempt stage) of the RPC, or under RA 7610 if the victim is a child.
- For the mother or guardian, prosecutors will look for evidence of conscious indifference, willful failure to protect, or direct complicity.
Special Rules on Testimony of Child Victims:
- Philippine courts adopt a “child-friendly” approach in taking testimonies from child victims of sexual offenses. Courts often use closed-circuit television (CCTV) or closed-door trials to protect the child’s identity and welfare.
Protective Measures for the Child:
- The Department of Social Welfare and Development (DSWD) may take custody of the child if the parent or guardian is unfit or is the alleged offender, or if there is a high risk of further abuse.
Civil Liabilities:
- A successful criminal conviction for attempted rape or child abuse typically carries with it civil liabilities (damages) as well. The offender and any person who conspired or was found civilly liable in the case may be required to pay moral, exemplary, and other forms of damages to the victim.

6. Practical Implications and Considerations

Importance of Early Intervention: Mothers (or any parent or guardian) who detect signs of grooming or attempts of abuse must promptly act to protect the child. Failure to do so can lead to their own criminal liability.
Evidence Gathering: As with all sexual offense cases, timely medical examinations, psychological evaluations, and witness statements are crucial in establishing both the attempt and the identity of the perpetrator.
Legal Counsel: Both the accused and the mother/guardian (if implicated) should seek legal representation to ensure their rights are protected. Meanwhile, the child victim is often represented by a public or private prosecutor, supported by government social workers or NGOs.

7. Conclusion

In the Philippines, attempted rape of a child is strictly penalized under the Revised Penal Code (as amended), typically carrying a penalty two degrees lower than the penalty for consummated statutory rape. This usually falls within the range of prision mayor (6 to 12 years), subject to modifications due to aggravating or mitigating factors.

Mothers or other persons with custody of the child can incur criminal liability under RA 7610 if they willfully fail to protect the child from sexual abuse. Their negligence or complicity can be prosecuted separately from—and in addition to—the principal offender’s liability. Where a mother directly assists or conspires with the perpetrator, she may likewise be charged under the Revised Penal Code as a principal, accomplice, or accessory.

Ultimately, Philippine laws reflect a strong policy of child protection, imposing stringent penalties for sexual offenses against minors and imposing obligations on parents and guardians to safeguard a child’s welfare. Failure to fulfill this duty—or any act or omission that places a child at risk—can lead to serious legal consequences.