Dear Attorney,

I am seeking clarification about a situation involving a child. Is hitting a child, using hurtful words, or constantly intimidating them considered a violation of the Anti-Violence Against Women and Their Children Act (VAWC)? I hope you can shed light on whether such actions fall under the law's coverage. Thank you.

Sincerely,
A Concerned Individual

Legal Analysis: Violence Against Children Under the Philippine Legal Framework

In the Philippines, the Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262) is a landmark law designed to protect women and children from various forms of violence. Your query about whether actions such as hitting a child, verbally abusing them, or constant intimidation fall under the law's scope requires a comprehensive understanding of RA 9262, other relevant statutes, and jurisprudence.

1. RA 9262 and Its Application to Children

The Anti-VAWC law defines violence against women and their children as acts that cause physical, psychological, sexual, or economic harm. The law explicitly includes children in its protective scope, covering both biological and adopted children of the woman covered by the law. The crucial question is whether the cited behaviors—physical punishment, hurtful words, and intimidation—are forms of violence under RA 9262.

Physical Violence

Under Section 3(a) of RA 9262, physical violence refers to acts that cause bodily or physical harm. Hitting or spanking a child would typically fall under this definition if it results in any injury or harm. While traditional notions of discipline may sometimes involve physical correction, the law prioritizes the child’s welfare and the overarching principle that no person, including a parent or guardian, has the right to harm a child.

Psychological Violence

Section 3(c) defines psychological violence as acts or omissions causing mental or emotional suffering. Verbally abusive language, constant belittlement, or threats can result in significant psychological harm, especially to a child. This form of violence is actionable under RA 9262 and is a critical component of the law's protective framework. Even if physical harm is absent, emotional abuse and intimidation that undermine a child's mental health are considered violations.

Intimidation and Threats

Acts of intimidation—whether through verbal threats, gestures, or behaviors intended to instill fear—are explicitly prohibited under the psychological violence provisions. Such conduct disrupts the child's sense of security and stability and is actionable under RA 9262.

2. Complementary Protections for Children Under the Law

RA 9262 operates alongside other Philippine laws that further strengthen protections for children. These include:

The Child and Youth Welfare Code (Presidential Decree No. 603)

PD 603 affirms the child’s right to protection against abuse, cruelty, and exploitation. Article 59 specifically penalizes acts that degrade, torture, or impose excessive punishment on children. This framework emphasizes the importance of non-violent discipline in child-rearing.

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

RA 7610 is a comprehensive law addressing child abuse. Under Section 3(b), child abuse includes psychological and physical maltreatment, neglect, or any act that threatens a child’s survival, development, or dignity. This definition captures behaviors such as hitting, verbal abuse, and threats of harm, offering a robust legal basis for accountability.

The Revised Penal Code (RPC)

Articles 266 and 287 of the RPC penalize physical injuries and unjust vexation, respectively. These provisions may apply to cases involving children if the abuse does not fall explicitly within the scope of RA 9262 or RA 7610.

3. Arguments for and Against Certain Disciplinary Measures

While the law provides clear guidelines, debates often arise regarding what constitutes permissible discipline versus abuse. Advocates for traditional parental rights argue that mild corporal punishment is part of culturally accepted disciplinary practices. However, the prevailing legal perspective prioritizes child welfare and prohibits any form of punishment that causes harm or suffering, whether physical or emotional.

Philippine jurisprudence increasingly adopts a progressive stance, favoring non-violent parenting methods. Courts emphasize that discipline must always respect the child's dignity and rights.

4. Filing a Case Under RA 9262

If a parent or guardian is found engaging in the acts described, the aggrieved party can file a complaint under RA 9262. The process involves:

Filing a Complaint: The complaint can be filed with the barangay, police, or a prosecutor’s office. In urgent cases, a Barangay Protection Order (BPO) may be issued immediately to prevent further harm.
Legal Remedies: Victims can request civil or criminal remedies, including protection orders, damages, and custody orders.
Burden of Proof: Evidence such as medical reports, witness testimony, and psychological evaluations will be crucial in establishing the abuse.

5. Penalties for Violations

Penalties for violating RA 9262 range from imprisonment to fines, depending on the severity of the offense. For acts causing physical or psychological harm to children, penalties can include:

Imprisonment of 6 months to 12 years, depending on the classification of the offense (e.g., slight, less serious, or serious).
Additional penalties for psychological violence, which may involve longer sentences due to the long-term impact on the child’s well-being.

6. Preventive and Rehabilitative Measures

Beyond punitive measures, RA 9262 and related laws advocate for preventive and rehabilitative programs, including:

Counseling for Perpetrators: Programs aim to reform abusive behaviors and educate on non-violent discipline methods.
Support Services for Victims: Government and non-government organizations provide psychological counseling, legal aid, and temporary shelter to victims of abuse.

7. Conclusion and Practical Advice

Hitting a child, using hurtful language, and constant intimidation unequivocally fall within the scope of abuse under RA 9262, RA 7610, and related laws. These actions can constitute physical or psychological violence, warranting legal intervention to protect the child's rights and well-being.

If you or someone you know is experiencing or witnessing such acts, immediate steps should be taken to report the behavior to the authorities. Seek the assistance of local barangay officials, social workers, or legal counsel to ensure proper documentation and prompt intervention. Moreover, fostering awareness of non-violent parenting practices can help mitigate such issues and promote a culture of respect for children's rights.