Below is a comprehensive discussion of the Philippine legal framework regarding the use of abusive language directed at a child, including the possible penalties and relevant laws. While the discussion focuses on national legislation, note that local ordinances and policies (for instance, city or municipal ordinances) may also impose additional rules or penalties. Nonetheless, this overview should give you a solid understanding of what the law provides and how it is enforced in the Philippines.

1. Key Legislation Protecting Children from Abusive Language

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

Republic Act (RA) No. 7610 is the primary law that provides special protection to children against abuse, exploitation, and discrimination. Although many people think primarily of physical or sexual abuse when they hear “child abuse,” RA 7610 also encompasses psychological and emotional abuse, which can include the use of harsh, degrading, or abusive language directed at a child.

Under RA 7610, the term “child abuse” includes the following relevant components:

Psychological and physical abuse, neglect, cruelty, sexual abuse, and emotional maltreatment.
Any act or omission that endangers a child’s survival and normal development.

Specifically, Section 3(b) of RA 7610 defines “child abuse” to include any act that results in psychological or emotional abuse which can be demonstrated by, among others, repeated belittling, ridiculing, intimidation, harassment, or threats. Thus, using obscene, demeaning, or threatening language toward a child may be interpreted as an act of psychological or emotional abuse, depending on the severity, context, and impact on the child’s well-being.

1.2 Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)

RA 9262, also known as the Anti-VAWC (Violence Against Women and Their Children) Act, primarily addresses violence committed by a person against a woman (his wife, former wife, or partner) and their child(ren). This law covers not just physical violence but also emotional, psychological, and economic abuse.

If the perpetrator is a child’s father (or the father’s relatives within the same household, if they contribute to the abuse), stepfather, or the mother’s partner, the child victim may seek protection under RA 9262. Psychological and emotional violence under RA 9262 can include threats, intimidation, or repeated verbal assault, which may manifest as derogatory or degrading language directed at the child.

1.3 Anti-Bullying Law (Republic Act No. 10627) and the DepEd Child Protection Policy

For cases happening within educational institutions, RA 10627 (the Anti-Bullying Law) and DepEd’s Child Protection Policy (DepEd Order No. 40, s. 2012) may also be relevant. Although these focus primarily on peer-to-peer bullying (i.e., students bullying other students), they lay down guidelines on what constitutes “bullying” or “peer abuse,” which can involve verbal, emotional, or psychological aggression.

While the Anti-Bullying Law is more specific to the context of schools and does not directly impose criminal penalties on the offending student, it obliges schools to investigate and sanction bullying behavior. In severe cases, if a teacher, school employee, or even fellow students continuously use abusive language and it rises to the level of child abuse under RA 7610, it could become a criminal matter.

2. What Constitutes Abusive or Degrading Language Under Philippine Law?

Abusive language may take different forms—cursing, using threatening words, excessive scolding, belittling, shouting hateful slurs—especially if it is repetitive or it tends to humiliate, degrade, or instill fear in the child. Courts will often look at:

Frequency or repetition of the abusive acts or statements.
Intensity (e.g., extremely demeaning or containing threats).
Context (e.g., parent-child relationship, teacher-student relationship, or a person having moral ascendancy over the child).
Effect on the child’s mental health or emotional well-being (e.g., does it cause trauma, emotional disturbance, or depression?).

If the verbal conduct is found to be psychologically or emotionally abusive, it can lead to criminal liability, especially under RA 7610 or RA 9262.

3. Penalties Imposed Under These Laws

3.1 Penalties Under RA 7610

RA 7610 does not provide a single, uniform penalty for “abuse” in all forms. Instead, the penalty can vary depending on:

The specific provision violated.
The severity or gravity of the act.
Whether it caused physical or psychological injury.

For acts of child abuse in general under Section 10(a) of RA 7610, if the abuse is not specifically covered by other laws (like sexual abuse or child trafficking), the penalty can range from:

Prisión mayor in its minimum period (6 years and 1 day to 8 years of imprisonment) up to
Reclusión perpetua (up to life imprisonment), depending on the circumstances of the case (e.g., if there is a habitual or syndicated aspect, or if the abuse results in the death or serious disability of the child).

However, psychological or emotional abuse involving offensive language—if not accompanied by physical harm—often is considered under the broader definition of “other acts of neglect, abuse, cruelty, or exploitation.” As such, penalties generally start at prisión mayor (which has ranges within 6 years and 1 day to 12 years) but could go higher if aggravating circumstances exist or if the court finds that the child sustained serious psychological harm.

In practice, if the prosecution proves that the repeated use of degrading language inflicted mental or emotional suffering, the abuser can be held criminally liable under RA 7610. This can mean a prison term and/or a fine, plus possible civil damages for moral and exemplary damages.

3.2 Penalties Under RA 9262 (If the Abuser Is a Parent or Household Member)

Under the Anti-VAWC law, emotional or psychological abuse can be penalized by prisión mayor (from 6 years and 1 day to 12 years), along with fines ranging from ₱100,000 to ₱300,000. The court may also issue a protection order (Barangay Protection Order, Temporary Protection Order, or Permanent Protection Order) to immediately safeguard the victim and prohibit the offender from committing further acts of violence or abuse.

If the offender violates these protection orders, additional penalties can be imposed (e.g., contempt of court, further fines, or imprisonment).

3.3 School Sanctions (Under RA 10627 & DepEd Rules)

For student offenders: The Anti-Bullying Law requires schools to impose administrative or disciplinary measures, which may include reprimand, suspension, or expulsion, depending on the gravity of the offense. For repeated or serious offenses, the school might refer the matter to local officials, social welfare offices, or even law enforcement if the bullying behavior constitutes child abuse under RA 7610.

For teachers or school personnel: DepEd has strict guidelines prohibiting child abuse within the classroom. Verbal abuse of students by teachers or staff can lead to administrative charges, suspension, or dismissal from service. In more severe cases, a teacher could face criminal charges under RA 7610.

4. Protective Orders and Other Remedies

Aside from criminal prosecution, various protective and support mechanisms exist for child victims:

Protection Orders (under RA 9262) – If the perpetrator is a parent or a household member, the child or the child’s guardian may apply for protection orders that can prohibit the abuser from contacting or approaching the child, and/or remove the abuser from the family home.
Barangay Protection Orders (BPOs) – Issued by the barangay if the abuse is deemed urgent.
Social Welfare Intervention – The Department of Social Welfare and Development (DSWD) can take temporary custody of a child victim if the environment is unsafe or if the abuser is a household member or guardian.
Counseling and Psychological Support – The child may be referred for psychological evaluation or counseling to address the trauma from repeated verbal or emotional abuse.

5. Enforcement and Prosecution

Enforcement of child protection laws can involve any of the following:

Barangay officials: Often the first responders to complaints of child abuse in the community.
Local police / Women and Children Protection Desks (WCPD): Specialized units in the Philippine National Police (PNP) trained to handle child abuse and domestic violence cases.
Prosecutor’s office: Determines if there is sufficient evidence to file criminal charges in court.
Family Courts: Handle child abuse cases, RA 9262 cases, and other family- or child-related matters.

Once a criminal case is filed, the courts will assess if the abusive language or verbal assault caused or is likely to cause emotional or psychological harm. If proven beyond reasonable doubt, the offender can be convicted under the pertinent provision of RA 7610, RA 9262, or other laws protecting children.

6. Practical Considerations and Challenges

Evidence of Psychological Abuse: Emotional or psychological abuse can be more difficult to prove than physical abuse, as it may require expert testimony (e.g., child psychologists) or evidence of the effect on the child’s mental health (e.g., medical records, behavior changes, or third-party testimony).
Community Attitudes: Cultural norms might sometimes downplay “verbal discipline.” However, the law is clear that repeated, excessive, or demeaning language can constitute child abuse.
Legal Assistance and Child Advocacy: NGOs, legal aid groups, and government agencies (like the Public Attorney’s Office (PAO) or DSWD) can assist in filing cases and providing psycho-social support.

7. Conclusion

In the Philippines, abusive language directed at a child can lead to criminal penalties if it amounts to psychological or emotional abuse under RA 7610 or if committed by a parent or household member under RA 9262. Depending on the circumstances, penalties range from a few years of imprisonment (prisión mayor) to more severe sentences if aggravating factors are present.

Outside the criminal context, schools and local government units may impose administrative or disciplinary sanctions, protect the child through protective orders, or refer the case to relevant government agencies. Ultimately, the child’s welfare is the law’s paramount concern, and the legal framework in the Philippines provides multiple avenues—criminal, civil, and administrative—to deter and punish the use of abusive language or any form of maltreatment against children.

Should you or anyone you know be dealing with a case of verbal or emotional abuse of a child, it is advisable to seek immediate help from the barangay, the Women and Children Protection Desk (WCPD) of your local police station, or child-focused NGOs, and consult with a lawyer or the Public Attorney’s Office for proper legal advice and assistance.