Chapter XX

CHILD ABUSE OR NEGLECTED CHILD

It is the physical and mental injury or maltreatment of a child by a person

who is responsible for the child's welfare, under circumstances which will indicate
that the child's health or welfare is harmed or threatened thereby. The infliction
must be willful and not accidental.
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;

(2) Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food
and shelter; or

(4) Failure to immediately give medical treatment to an injured child

resulting in serious impairment of his growth and development or in his
permanent incapacity or death. (R.A. No. 7610 section 3 paragraph b)

DUTIES OF PARENTS

Art. 46. General Duties. - Parents shall have the following general duties toward
their children:
(1) To give him affection, companionship and understanding;
(2) To extend to him the benefits of moral guidance, self-discipline and religious
instruction;
(3) To supervise his activities, including his recreation;
(4) To inculcate in him the value of industry, thrift and self-reliance;
(5) To stimulate his interest in civic affairs, teach him the duties of citizenship,
and develop his commitment to his country;
(6) To advise him properly on any matter affecting his development and well-
being;
(7) To always set a good example;
(8) To provide him with adequate support, as defined in Article 290 of the Civil
Code:
“Support is everything that is indispensable for sustenance, dwelling,
clothing and medical attendance, according to the social position of the
family.
 Support also includes the education of the person entitled to be supported
until he completes his education or training for some profession, trade or
vocation, even beyond the age of majority.”

(9) To administer his property, if any, according to his best interests, subject to
the provisions of Article 320 of the Civil Code:
“ARTICLE 320. The father, or in his absence the mother, is the legal
administrator of the property pertaining to the child under parental authority. If
the property is worth more than two thousand pesos, the father or mother shall
give a bond subject to the approval of the Court of First Instance.”

Rights of Parents
Under the Child and Youth Welfare Code:
Art. 45. Right to Discipline Child. - Parents have the right to discipline the child as
may be necessary for the formation of his good character, and may therefore
require from him obedience to just and reasonable rules, suggestions and
admonitions.
Under the Civil Code:
ARTICLE 316. The father and the mother have, with respect to their
unemancipated children:
(1) The duty to support them, to have them in their company, educate and
instruct them in keeping with their means, and to represent them in all actions
which may redound to their benefit;
(2) The power to correct them and to punish them moderately.

Act or Omission Affecting the Child's Health or Welfare:

1. Physical Abuse — The law allows chastisement for discipline but it may be
physical abuse when it involves the use of instrument or fist blow.
2. Physical Neglect — It is the failure to provide the child with the necessities of
life. It may include inadequate or insufficient medical care, nourishment,
clothings, supervision, housing, or the like. The failure to provide must be willful.

Causes of Child Abuse or Neglect:

1. Unwanted Child:
a. Husband disputing the paternity of the child.
b. Illegitimacy:
(1) Child born of unmarried woman.
(2) Wife committed adultery.
(3) Child born as a consequence of rape.

c. Congenital or acquired deformity of the child.

d. Child allegedly giving "bad luck" to the family.
2. Abusive Parent:
 a. Uncontrollable abuse by psychotic, pervasively angry or temperamental
parent.
b. Controllable abuse by compulsive disciplinarian or impulsive but
generally inadequate parents.
3. Child as a center of a triangle — In the case of a couple or mother "live-in"
boyfriend, more often the child is placed in the middle of an emotional triangle.
When resentment builds between them, the child commonly becomes the target
of man's hostility.
4. Child may be a hindrance to the socio-economic activities of the parents.

Classification of Child Abuser:

1. Intermitent Child Abuser — Parents who periodically batter a child with
periods of proper care between battering.
2. One-time Child Abuser — Parents who manhandle their children for a time and
never repeat the act. However, there is more like hood for a one-time abuser to
repeat the act until the child is killed or had experienced a sudden surge or self-
restraint.
3. Constant Child Abuser — Parent who actually hates his or her child and
callously and deliberately beats and miscares for it. Parent had the intention to
hurt the child and be indifferent to the child's sufferings.
4. Ignorant Abuser — This group is perhaps the most tragic because the parents
"mean" well, but their attempts at rearing their children result in a permanent
injury or death of their children, and they are "truly sorry" when the child dies
(Battered Child Syndrome, Legal Medicine 2980 Wecht & Lorkins, p. 32).

Medical Evidence Tending to Show Injuries Due to Abuse:

1. Skin imprints from forcefully striking objects — Hand, cord, chain.
2. Multiple bruises and/or scars, particularly on the trunk, head and face.
3. Multiple small burns or emersion burn levels — cigarette, iron, and boiling
water.
4. Multiple fresh healing fractures; "twist" fractures.
5. Trauma to the mouth, nose, ears and eyes.
6. In case of sexual abuse, injuries to the genitalia, peri-rectal and peri-vaginal
may be present.
7. In case of child neglect, signs of malnourishment, poor hygiene, infection,
poor growth and development may be observed.

Facts to be considered to Suspect that a Child is a Victim of Abuse:

1. The child is emotional, fearful and with a vague history of injury.
2. The parents present a vague and defensive detail of the child's "illness" or
"injury".
3. Too many previous unexplained signs of injuries or history of previous illness.
4. Parents have extended delay in seeking medical cure.
5. Poor growth and development of the child.
Social Reaction To Child Abuse and Neglect
1. Report of Maltreated or Abused Child
Art. 166, Child and Youth Welfare Code (P.D. 603)
All hospitals, clinics and other institutions as well as private physicians
providing treatment shall, within forty-eight hours from knowledge of the
case, report in writing to the city or provincial fiscal or to the Local Council
for the Protection of Children or to the nearest unit of the Department of
Social Welfare, any case of a maltreated or abused child, or exploitation of
an employed child contrary to the provisions of labor laws. It shall be the
duty of the Council for the Protection of Children or the unit of the
Department of Social Welfare to whom such a report is made to forward
the same to the provincial or city fiscal.

Violation of this provision shall subject the hospital, clinic, institution, or

physician who fails to make such report to a fine of not more than two
thousand pesos.

In cases of sexual abuse, the records pertaining to the case shall be kept
strictly confidential and no information relating thereto shall be disclosed
except in connection with any court or official proceeding based on such
report. Any person disclosing confidential information in violation of this
provision shall be punished by a fine of not less than one hundred pesos
nor more than five thousand pesos, or by imprisonment for not less than
thirty days nor more than one year, or both such fine and imprisonment,
at the discretion of the court.

Other Battered Victims:

 Battered wife
The wife may be periodically subjected to maltreatment by the husband on
the account of jealousy, infidelity, or incompatibility of character.
 Battered grannies
Elderly persons may be extremely demanding, seeking more attention from
the caring descendant or with child-like behavior which may be irritating and
which may cause infliction of physical injuries.
 Battery
Refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress. (R.A. 9262
section 3 paragraph b)

 Battered Woman Syndrome

refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
cumulative abuse. (R.A. 9262 section 3 paragraph c)