Republic of the Philippines
HOUSE OF REPERESENTATIVES
- Quezon City _

Fifteenth Congress
First Regular Session

829 .
23 MAR 2011

Submitted by the Committee on the Welfare of Children on

COMMITTEE REPORT NO.

Re: House Bill No 4455
Recommending its approval in substitution of House Bill Nos. 914 and 1082

Sponsors: Representatives Aurora Enerio-Cerilles, Susan A. Yap and Bernadette Herrera-Dy

Mr. Speaker:

The Committee on the Welfare of Children to which were referred House Bill No.
914 introduced by Rep. Susan A. Yap, entitled:

“AN ACT
PROHIBITING ALL CORPORAL PUNISHMENT AND ALL OTHER
FORMS OF HUMILIATING OR DEGRADING PUNISHMENT OF
CHILDREN AND PROMOTING POSITIVE AND NON-VIOLENT
DISCIPLINE OF CHILDREN, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES”

and House Bill No. 1082 introduced by Rep. Bernadette R. Hertera-Dy, entitled:

“AN ACT
PROHIBITING ALL CORPORAL PUNISHMENT AND ALL OTHER.
FORMS OF HUMILIATING OR DEGRADING PUNISHMENT OF
CHILDREN AND PROMOTING POSITIVE AND NON-VIOLENT
DISCIPLINE OF CHILDREN, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES”
4455

has considered the same and recommends that the attached House Bill No.
entitled :

“AN ACT
PROMOTING POSITIVE AND NON-VIOLENT DISCIPLINE IN LIEU
OF CORPORAL PUNISHMENT OF CHILDREN AND
APPROPRIATING FUNDS THEREFOR”

be approved in substitution of Mouse Bill Nos. 914 and 1082 with Reps. Yap (S),
Herrera:Dy, "Padilla; Limkaichong- Golez (R), Lacson-Noel- Castro;—Roman,: Ocampo
Sanmiento (C), Enerio-Cerilles, Velarde, Cruz-Gonzales, Climaco, Abayon, Amante-Matha,


Arenas, Bag-a0, Cojuangeo (K), De Jesus, Del Mar, Garin (3), Macapagal-Arroyo (G),
Magsaysay (M), Primicias-Agabas, Sahidulla, Sema, De Venccia, Joson, and Obillo, as

=- author —-
Respect .
AUROR4 ENERIO-CERILLES,
Chairperson
Committee on the Welfare of Chiidren
TUE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES

QUEZON CITY



Republic of the Philippines
HOUSE OF REPRESENTATIVES _

FIFTEENTH CONGRESS,
First Regular Session

4455

House Bill No.

Introduced by Representatives Susan A. Yap, Bernadette R. Herrera-Dy, Carlos M.
Padilla, Jocelyn $. Limkaichong, Roilo Golez, Josephine Veronique R. Lacson-Noel.
Jane T. Castro, Herminia B. Roman, Rosenda Ann Ocampo, Cesar V. Sarmiento,
‘Aurora Enerio-Cerilles, Mariano Michael M. Velarde, Jr., Cinchona Cruz-Gonvales,
Maria Isabelle "Beng" G. Climaco, Daryl Grace J. Abayon, Ma, Angelica M. Amante-
Matha, Ma. Rachel J. Arenas, Kaka J. Bag-ao, Kimi $. Cojuangeo, Emerenciana
“Emmi” A. De Jesus, Rachel Marguerite B. Del Mar, Janette L. Garin, Gloria A.
Macapagal-Arroyo, Maria Milagros E. Magsaysay, Marlyn L. Primicias-Agabas, Nur-
‘Ana I, Sahidulla, Bai Sandra A. Sema, Ma. Georgina P. De Venccia, Josefina M. Joson
and Reena Concepcion G. Obillo

AN ACT
PROMOTING POSITIVE AND NON-VIOLENT DISCIPLINE IN LIEU OF
CORPORAL PUNISHMENT OF CHILDREN AND APPROPRIATING FUNDS

THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION L. Short Title. - This Act shall be known as the Positive Discipline in Liew
of Corporal Punishment of Children Act af 2011.

SEC. 2. Declaration of Policy. — The State recognizes the vital role of children and
youth in nation building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being. Pursuant thereto, no child shall be subjected to torture or
other cruel, inhuman or degrading treatment or punishment. Such treatment or punishment
violates the child’s rights, human dignity and physical integrity.

‘As such, the State shalt:

4a) Promote positive and non-violent discipline of children at home, in school, in

institutions, in alternative care systems, in workplaces and in all other settings and
establish the necessary structures and mechanisms and mobilize resources to make
this possible;

(0) Defend the right of children to assistance, including proper care and nutrition, and

special protection from all forms of neglect, abuse, cruelty, exploitation and other

conditions prejudicial to their development;


1

(© Protect the best interests of the child through measures that will ensure the

—7 ————onservaitef intertational starttards-of-chitd protection, especiatty—those to

a ees

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12
13
14
15
16
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18
19
20
a
2
23
24
25
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which the Philippines is a party;

{4} Respect the responsibilities, rights and duties of parents, guardians or other
persons legally responsible for the child, including those exercising special or
substitute parental authority, to provide, in a manner consistent with the evolving
capacities of the child, appropriate direction and guidance in the exercise of the
children’s rights;

(© Assist parents in the fulfillment of their parental obligations;

(® Ensure that school discipline is administered in a manner consistent with the
child’s human dignity; and

{@) Protect the child from all forms of physical or mental violence, injury from abuse,
neglect or negligent treatment, maltreatment or exploitation, including sexual
abuse, while in the custody of parents, guardians or any other person under whose
care the child is entrusted. Such protective measures shall include effective
procedures for the establishment of social programs to provide necessary support
for the child and for those who care for the child, as well as for other forms of
prevention and for identification, reporting, referral, investigation, treaiment and
follow-up of instances of child maltreatment, and, as appropriate, for legal or
judicial action

SEC. 3. Definition of Terms. - The following terms as used in this Act shall be

defined as follows:
(a) Child refers to a person who is below eighteen (18) years of age, or one over but is

unable to fully take care of one’s self or protect one’s self from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or

condition.

(©) Corpora! punishment refers to punishment o acts cartied out to discipline, train or

control, inflicted by an adult or by another child. who has been given or has assumed
authority ot responsibility for punishment or discipline. It includes physical and

humiliating or degrading punishment such as, but not limited to:
(1) Blows such as but not limited to beating, kicking, hitting, slapping, lashing to
any part of a child’s body, with or without the use of an instrument such as

but not limited to a cane, broom, stick, whip or belt


(2) Striking of the child's face or head such being designated as the “no contact
+ ones _—
3 @) Pinching, pulling ears or bait, shaking. twisting joints, cutting or piercing
4 skin, dragging or throwing a child;
5 (4) Forcing a child, through the use of power, authority or threats, to perform
6 physically painful or damaging acts, such as but not limited to holding a
7 weight or weights for an extended period; kneeling on stones, salt or pebbles;
8 squatting; standing or sitting in a contorted position;
9 (5) Deliberate neglect of a child’s physical needs, where this is intended as
10 punishment;
1 (6) Use of or exposure to substances that can cause discomfort or threaten the
n child’s health such as fire, ice, water, smoke, pepper, alcohol, dangerous
13 chemicals such as bleach or insecticides, excrement or urine;
14 (7) Imposition of a chore or task that is beyond a child’s physical strength or is
15 considered a health hazard such as making a child skip sleep to iron clothes,
16 or clean toilets unprotected;
v7 (8) Shutting or tying up a child ina confined space or material;
18 (9) Verbal assaults, threats or intimidation,
19 (10) Verbal abuse, or assaults including intimidation or threat of bodily barn,
20 swearing or cursing, ridiculing or denigrating the child;
21 (11) Making a chifd look or feel foolish in front of one’s peers or the public such
2 as shaving hair; and
23 (12) Other acts or words which tend to belittle, humiliate, blame, ignore, or isolate
24 the child.
25 (0) Foster parents refer to persons duly licensed by the Department of Social Welfare and
26 Development (DSWD) to provide planned. temporary, substitute parental care to
27 children
28 (@ Guardians refer to legal guardians and other persons, including relatives, with
29 physical custody of the child.
30 (¢) Institutions refer w residential and nonresidential child-caring agencies, including
3h youth homes, youth rehabilitation centers, drop-in centers, temporary shelters and
32 orphanages; and churches or religious centers. including places of worship and parish

centers.



Parents refer to biological parents, step parents, adoptive parents and the common-

Ss

26

i
=)

law-spouse or partner-of the parent,

Persons legally responsible for the child, including those exercising special or

substitute parental authority refer to those provided for under Presidential Decree No.

603, as amended (Child and Youth Welfare Code), Executive Order No. 209, as

amended (Family Code), and Republic Act No. 7610, as amended (Special Protection

of Children Against Abuse, Exploitation and Discrimination Act).

‘hy Positive and non violent discipline refer to an approach seeking to immediately
correct the behavior of a child, to teach a lesson, to give tools thal build self discipline
and emotional control, and to build a good relationship with the child by
understanding the child's needs and capabilities at various ages and the behavior that
is usual for a child at each stage of development.

Service providers refer lo persons who, in a residential or nonresidential setting,

a

provide services to children. These include social workers, center administrators and
personnel, house parenls, health service providers, day care workers, volunteers,
security guards in schools and centers, guards in 2 youth detention home, law
enforcement officers, barangay officials and tanods, and jail officer:
School teacher, personnel, and officers refer 10 persons exercising authority over
students, including administrators, student teachers, guidance counselors, prefects of

discipline, instructors, school personnel, scout masters and Citizen’s Advancement

Training (CA‘T) and Citizen's Military Training (CMT) or Reserved Officers Training

Corps (ROTC) commandants, tactical officers and student officers.

{k) Yayas, house helpers and caregivers refer to domestic workers with direct contact to
the child,

SEC. 4. Promotion of Techniques on Positive and Non-Violent Discipline —A
comprehensive program shall be formulated and implemented to promote positive and non-
violent discipline in lieu of corporal punishment of children. A continuing information
dissemination campaign shall be conducted nationwide regarding its benefits and techniques.

Among the positive and non-violent techniques for disciplining a child which can be
promoted include:

(a) Beat-the Clock — a motivational technique that uses the child’s competitive nature to
encourage completion of tasks on parent's timetable.
(b) Grandma’s Rule — a contractual agreement that allows a child to do what the child

pleases as soon as what the parent wants has been accomplished.

4


1 (c) Neural time — taking advantage of time that is free from conflict, such as the time
7 ———anrer 3 anni tias passed and the child tscalmrand-receptive; to-teackrnew-behavier—--

to the child.

4 (@) Praise —a verbal recognition of a behavior that a parent wants to reinforce
5 (e) Reprimand - a statement that includes a command to stop the behavior, a reason
6 why the behavior should stop, and an altemative to the behavior,

7 () Rule - a pre determined behavioral expectation that includes a stated outcome and
8 consequence; or

9 (g) Time out ~ to take the child out of a situation because of inappropriate behavior,
10 making the child face a blank wall for several minutes or until the child calms
u down
2 SEC. 5. Prohibition of Corporal Punishment. — Corporal punishment of children as

13. defined in Sec. 3 (b) are hereby prohibited in the home, in school, in institutions, in
14 alternative care systems, in the workplace and in any other settings

18 Parents, yavas, house helpers and carceivers, foster parents, guardians, relatives who
16 have custody of the child, ot other persons legally responsible for the child, including those
17 exercising special or substitute parental authority, school teachers, personnel, and officers
18 of both public and private academic and vocational institutions, employers and supervisors,
19 service providers, priests, nuns, pastors and other members of religious congregations or
20 churches, or any other person under whose care the child has been entrusted to and who
21 inflicts corporal punishment on the child shall be liable in accordance with existing penal
22 Jaws.

23 SEC. 6. Penalties, If the offender is not a parent, the penaltics under existing penal
24 Jaws shall be imposed in the maximum period, except where a higher penalty is provided for
25 under Act No. 3815, as amended, otherwise known as the Revised Penal Code, under
26 Republic Act No. 7610, otherwise known as the Special Protection of Children Against Child
, or under Republic Act No. 9262, otherwise

27 Abuse, Exploitation and Discrimination ¢
28 known as the Anti-Violence Against Women and their Children Act, If the act is not
29 penalized under the abovementioned laws, the penalty shall be arresto mayor in its maximum
30 period.

31 Severe and habitual offense committed by parents shall be penalized under existing
32 penalties of the provisions of Republic Act No. 7610. as amended, and other existing penal

33. laws.


SEC. 7. Option for Imerventions. Hf the penalty imposable for the act is only arresro

Fienor ox aFFEST PREVOFTIRE PrOSECHIOT THAN TASTESM Of filing the case, Tefer the accused 10"
the local social welfare and development office (SWDO) for assessment and intervention
such as seminars and/or counseling on children’s rights and positive and non-violent
discipline of children, anger management, and referrals to other rchabilitative services:
Provided, That the offender has not been previously charged under this Act.

SEC. 8. Suspension of Parental Authority. If the offender is a person exercising
parental authority but is not a parent, and has heen previously charged under this Act, the
court may suspend parental authority in accordance with Executive Order No. 209, as
amended, otherwise known as the Family Code of the Philippines.

SEC. 9. interventions for a Parent who is an Offender. \f the offender is a pareat of
the child, the prosecutor shall refer the parent to the local social welfare and development

office (SWDO) for ass:
children’s rights and positive and non-violent discipline of children, anger management, and

ent and intervention such as seminars and/or counseling on

zeferrals to other rehabilitative services.

SEC. 10. Other Remedies. — The remedies available to the victim under Republic Act
No. 7610 and Republic Act No, 9262 shall be available to the child where applicable.

SEC. 11. Reporting — All instances of corporal punishment of children brought 10
the barangay or the police, of a healthcare provider, shall be reported to the local SWDO
within eight (8) hours from the time of the complaint, without prejudice to the continuation of
the investigation or the filing of the appropriate criminal case. Failure to report within the
prescribed period shall be a ground for administrative action against the barangay official or
police officer, or healthcare provider.

SEC. 12. Persons intervening Exempt from Liability. — In every case of corporal
punishment, any person who, acting in good faith, responds or intervenes without using
violence of restraint greater than necessary wo ensure the safety of the victim, shall not be
criminally, civilly or administratively liable.

SEC. 13, Who May File a Complaint. - Complaints on acts of corporal punishment
against a child may be filed by the following:

@) Offended panty assisted by an adult;

(b) Parents or guardians;

(©) Ascendant or collateral relative within the third deyree of consanguinity or affinity:
(@ Officer, social worker or representative of a licensed child-caring institution;

(©) Officer or social worker of the DSWD or the local SWDO;

6


I

——2- Barangay official;

3

4

{® Police officers, preferably those in charge of the Women and Children’s Desk;

&n) Teacher, non-governmental organization (NGO) worker, health provider, day care
worker; or

@ At least two (2) concerned persons from the place where the act occurred who have
personal knowledge of the act.

SEC. 14. Venue. - The Regional Trial Court (RTC) designated as a Family Court
shall have original and exclusive jurisdiction over cases of corporal punishment of children.
In the absence of such court in the place where the offense was committed, the case shall be
filed in the RTC in the place where the crime or any of its elements were committed at the
option of the complainant.

SEC. 15. Confidentiality. — All records pertaining to cases of corporal punishment of
children, including those in the barangay. the police or public or private healthcare facility
shall be confidential and the right to privacy of the victim shall be respected.

Whoever publishes or causes to be published, in any format, the name, address,
ing information of a victim or immediate family

telephone number, school or any identi
member of the victim, without consent, shall be penalized with 2 fine of not more than Two
Hundred Thousand Pesos (P200,000.00).

SEC. 16. Duties and Responsibilities of Government Agencies.

{a) The DSWD shall formulate a comprehensive program to promote the positive und
non-violent discipline of children and the prevention of the use of corporal
punishment on children. The program shall be developed in coordination with other
government agencies and the private sector, including academic institutions, NGOs
and parents-teachers-community associations. The program shall include capacity
building of service providers, parenting education on positive and non-violent
discipline of children, child-friendly reporting mechanisms, child protection services
and support, and documentation, data management and moniloring systems.

(&) The DSWD shall integrate positive and non-violent discipline of children in the
training of officials and staff of child-caring institutions. It shall ensure that officials
and staff of institutions do not use corporal punishment on any child under their
custody. It shall also ensure that appropriate action is taken against erring officials and

staff of the institutions


1 {c) The DSWD shail institutionalize an intervention program which will ensure that only

2 —_ sained~ardt-competenrprofessionats “and staff of the local SWDO will provide

3 counseling and seminars for both offended child and offender.
4 (4) All local SWDOs shall adopt and implement programs and services to promote the

3 positive discipline of children and the prevention of the use of corporal punishment on.
6 children. They shall also provide assistance to victims of corporal punishment and

7 their families. It shall, together with the DSWD and the LGUs, ensure the delivery of

8 intervention programs such as seminars and counseling for offending parents.

9 (e} The local SWDO shall immediately conduct an assessment of every reported instance
10 of corporal punishment on a child, and determine the appropriate interventions,
u considering the best interest of the child at all times. The assessment shall be
12 completed within three (3) calendar day's, without prejudice to the conduct of a more
13 comprehensive case study report. The interventions may include psychosocial
14 imerventions for the child and the family; protective custody by the social worker:
is temporary placement for the child: medical and legal services; counseling and
16 seminars on children’s rights, positive and non-violent discipline of children and
7 anger management; and referrals to other rehabilitative services for the perpetrator.
Is The assessment shall be conducted and interventions shall be provided by the local
19 SWDO whether or not a criminal case is filed.

20 (0) The Council for the Welfare of Children (CWC) shall disseminate all relevant
2 information on this Act among concerned government agencies and entities. It shall
2 monitor the enforcement of this Act and the implementation of all programs and
23 services provided for under this Act. It shall also mobilize the different inter-agency
24 mechanisms within its national and focal structures to support the implementation of
28 programs and services.

26 (yg) The Department of Education (DepED), the Commission on Higher Education
27 (CHED) and the Technical Education and Skills Development Authority (TESDA)
28 shall integrate positive and non-violent discipline of children in the training of school
29 __ officials, teachers and personnel. The three (3) agencies shal! ensure that school _
30 officials, teachers and personnel do not use corporal punishment on any pupil or
31 student. They shall also ensure that appropriate administrative action is taken against
32 erring school officials, teachers and personnel.


1

(h) The CHED shall integrate positive and non-violent discipline of children in the

——2——turtenta of education, psychology, social work and other disciplines related io Child

Row

Sowen.d]\u

12
13
14
15
16
7

work,
(i) Local Government Units (LGUs) shall mobilize, strengthen and support local

structures, such as the local councils for the protection of children, local special
bodies, Lupong Tagapamayapa and children’s welfare and protection organizations
in facilitating the reporting of, prevention of and response to instances of corporal
punishment, and promotion of positive discipline in their respective localities. It shall,
together with the DSWD and the local SWDO, ensure the delivery of intervention
programs such as seminars and counseling for offending parents.

() Local Councils for the Protection of Children (LCPC) shall support programs that
promote the positive and non-violent discipline of children, prevent the use of
corporal punishment on children, and coordinate with the local SWDO in responding
to such cases.

(k) The Sangguniang Kabataan (SK) shall include in its programs the prevention of
corporal punishment on children,

SEC. 17, Jmplementing Rules and Regulations. ~ The DSWD, in consultation with the
CWC, DepED, the CHED, the TESDA, the Department of the Interior and Local
Government (DILG), the Department of Health (DOH) and other relevant government
agencies, LGUs, NGOs and children's organizations, shall promulgate the implementing
rules and regulations of this Act within six (6) months from its approval.

SEC. 18. Suppletory Application, - For purposes of this Act, the Revised Penal Code,
as amended, the Child and Youth Welfare Code, as amended, and other applicable laws shall
have suppletory application.

SEC. 19. Appropriations, — The amount necessary for the initial implementation of
this Act shall be charged against the current appropriations of the DSWD, the DepED, the
TESDA and the CHED, and thereafter in the annual General Appropriations Act. For LGUs,
the implementation of the programs shall be charged against the intemal revenue alloument
and other internally generated funds of the LGU concerned.

SEC. 20. Separability Clause. — If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected

SEC, 21. Repeating Clause. — All laws, presidential decrees, executive orders and
rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.


I SEC, 22, Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its

2 publication in any ‘mewspaper of general circulation.
3 Approved,


Republic sflye Bhilippines
House of Representatives
Gneeon City, Helen Keil

HON. JOSEPH EMILIO A. ABAYA
Congressman, 1st District, Cavite
(Chairman, Committee on Appropriations

March 22, 2011

HON. AURORA ENERIO-CERILLES
Chairperson

Committee on the Welfare of Children
Dear Chairperson Enerio-Cerilles:
Please be informed that the Commi

- — Conference Rooms 9 and 10, R. V, Mitre Building, ap}
substitute bills with amendments:

A. Substitute
ACT TO STRENGTHEN AN!
NEGLECTED CHILDREN AND OTHER
APPROPRIATIONS THEREFOR AND FOR OTHER PURPOSES”

amendments:

4. On Section 18, page 9,
period (.) insert the phrase OF THE DSWD.

ittee on Appropriations in tts meeting held today at
proved to report out the following

Bill to House Bill Nos. 322, 489, 1793, 2278, 3012 and 3274, titled "AN
ID PROPAGATE FOSTER CARE FOR ABANDONED AND
CHILDREN WITH SPECIAL NEEDS, PROVIDING
with the following

line 14, between the words “against” and “current”
change the word “it’s” to THE and between the word “appropriations” and the

On the same section and page, line 15 after the word “Act” and the period (.),
delete the last sentence which reads: “Such amount may also be augmented
with a portion of the income generated by the Philippine Charity Sweepstakes
Office (PCSO), including ts unclaimed and forfeited sweepstakes and totto
prizes”,

Likewise, the following additional amendments were approved upon the motion of
Rep. Carlos Padilla, duly seconded:

line 3 before the phrase ‘A foster child” insert the phrase

4. On Section 13, page 7,
INDS, and between the words “child” and

SUBJECT TO THE AVAILABILITY OF FU!
be” change the word “shat” to MAY



2. On Section 14, same page, line 6, between the words “agency” and “provide”
delete the word "shall” and in lieu thereof, insert the word MAY

“The following members were included as co-authors of the measure namely, Reps.

Limkaichong, Alario, Hagan and Padilla.

B, Substitute Bill to House Bill Nos. 1198 and 1712, titled “AN ACT PROVIDING FOR
(ILDREN IN SITUATIONS OF ARMED CONFLICT

THE SPECIAL PROTECTION OF CH
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF” with following

amendment:
4. On Section 34, page 22, delete the entire provision and in ileu thereof substitute
the following:

APPROPRIATIONS. THE AMOUNT NECESSARY TO COVER

MPLEMENTATION OF THIS ACT SHALL BE CHARGED

AGAINST THE CURRENT YEAR’S APPROPRIATIONS OF THE CONCERNED

IMPLEMENTING DEPARTMENT/AGENCIES. THEREAFTER, THE AMOUNT

NECESSARY FOR ITS CONTINUED IMPLEMENTATION SHALL BE INCLUDED

IN THE BUDGETS OF THE CONCERNED DEPARTMENTS/AGENCIES IN THE

ANNUAL GENERAL APPROPRIATIONS ACT.

With respect to the Substitute Bill to House Bill Nos, 914 and 1082, titled “AN ACT
ION-VIOLENT DISCIPLINE IN LIEU OF CORPORAL

PROMOTING POSITIVE AND Nt
PUNISHMENT OF CHILDREN AND APPROPRIATING FUNDS THEREFOR”, the same is

approved without amendment.

SECTION 34.
THE INITIAL 1

Very iruly yours,

Rep. Jian Edgardo M. Angara
Rep, Bemadette Herrera-Dy
Rep. Rufus B. Rodriguez



Rep. Maximo B. Rodriguez, Jr.
Rep, Salvador H. Escudero OI

Rep. Joseph Victor G. Ejercito

Rep. Marcelino R. Teodoro

Rep. Ma. Isabelle G. Climaco

Rep. Josephine Veronique R. Lacson-Noe!
Rep. Lani Mercado-Revilla

Rep. Cinchona Cruz-Gonzaies



FIFTEENTH CONGRESS

)
OF THE REPUBLIC OF THE PHILIPPINES >
Hint Reguiar Session )

_. 914

lovroduced by Representative Susan A. Yap

EXPLANATORY NOTE

In response to the commitment of the Philppines to various interaational agreements
such as the Cuiversal Declaration of Human Rights, Geneva Declaralion of the Rights of the
Child, and Convention on the Rights of the Child, wis imperative to enact legistation thar chall
protect the young geueration of Filipinos, One such danger to their well being and safety
comes in the form of corpotel punishment ay a means to supposedly instill discipline, This
manner of maltreatment violates the right of the child to huts dignity, Physical and
Psychological abuse can greatly alter children's behavior, which eventually poses yrave results
during their adulthood. Such unfortunate circumstances do not only happen in homes, bur
also in institutions of learning.

Lhis bill seeks to address the plight of children against corporal punishment. Archaic
forms of teaching discipfine to the young have no place in modem socicty, especially if these
rnvolve violeace in different forms. Children, as future productive citizens of the county,
need tw be cared for in an environment thar fosters positive reinforcement of behavior rather
that making use of punishment to supposedly facilitate learning. Regariless of age, this kind of
treatment should got be afforded io auvone. And with this, i€ is the responsibility of the State
to munigate violence towards children by enacung conctele measures to secure their safety

Moreover, the State must be able to create tongible mechanisms to promote the positixe and
non-violent discipline of children at home, in school, in insticunons, in alternaGve care
systems, in employment, and in all other settings.

Reperemsions suffered by the child through corporeal punishment are consequences
that society must face as well Cs necessary to provide preventive and legal protection an
response to sivlations against children's rights and weltare

Jo view of the foregoing, the immediate passage of the bill is carnestly sought

Ont

SUSAN
Repretentatiy


FIFTEENTH CONGRESS

)
OF THE REPUBLIC OF CLLF PHILIPPINES )
St ?

HIOUSI OF REPRESENTATIVES

914

House Bai No

Fatroduced by Represemative Susan A. Yap

AN ACY

PROHIBITING ALL CORPORAL PUNISHMENT AND ALI. OTHER FORMS OF
HUMILIATING | OR DEGRADING PUNISHMENT OF CHILDREN AND
PROMOTING POSITIVE AND NON VIOLENT DISCIPLINE, OF CHILORES
APPROPRIATING FUNDS THEREFOR AND FOR O1 HER PURPUSES

1 G0 Samace und Home of Rs peerenwir= bags 1 Cones arian

DON 1. Séoes Tink, Lbs ver chal:

rperal Panishnsesrr kee

ution oF Pace © hoof children andl eutin :
ox f.2 and shall promote 8. ourrual, entellecra? an
eo'y, Dv shall usezleae int the ve

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fett diane premdicnl 0 rhew c
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Pasents, gactdians or
BP @ Gar cong pec ors

sles ot che chal. ap

rderce in che eacreiss Is

take all anpzop
casistent wath the chil ca -

sie disciph

le State sk

I ppromete the [2
sctiems, in altesmauors
e nevessi

sene- dcar discapbine of ckaidre
Sceplonmest aniston atl s
ha abhace rey

stlucrures anil ay

228 Sate shat nthe all apes
we, mits In

s 6 souial prognins x9
dai aswell as fou other fons os



investigation, ueatment and follow

“up of instances of child malueament, and,
legal oe judicial action

appropriate. for

tion of Term. ~ The follensi
2. Grsadrefery tw a person whe
te folly rake care of the

6 te
below eivlece

1s Aut shall be atofined as fallbas
JS seats ot ape, or these over but ace unable
elves OF peotec: chenvselves feum ubuse, neglect, ctuele
esploitauon or discrimination because af a phrsival o1 nena disabihty os comet
b Corona! puniihmen! vetoes co purstlmment or penale: tr at offense or imayined offense,
and ‘oF acts carried out ro divciplne, eau or cvntra!, inflicted by au adult ot he another
cluld, who has been giver or has assumed author
discipline. It includes physical and husiwane
Nimuted to:
41) Blows to any part of a child's bod:
lashing: with or withoat
stick, whip ox bells
Pigching: pulling curs ov hare.
eating ot picremg skins carving, dr
Forcing a child, though the wise of power, sutnety oot threat, eo perform
Phroveally painfiel or damaging acts. such as holding. a weight ur weights tor au
extended pervor kneeling: on stoner. sat ot pebbles; syuatuny; standing, ot sting an
a contorted positon,
i: Deliberate neglect of a child’s phesiva! ueeds. where this
Use of external substances, such as
pepper, alcubol, excrement of ures
“G: Use of azardouy tasks 2s punichmen

2 oF tesponsbiliry for pucushinene or
or degiailng punishment such as, bue not

such as beatings kicking: hicting slap:
the use af aux instrament such as m cane, shoes, broom

ersrm qoinss; carting andl shacinn han:
tg ce tee oving a childs

niended as pumszment:
yy matenals, siter, stoke,

or tut the purpose of discipline, including

those duit are bevond chek sath ot bring banshee ante contact with
rngerous of unhyyienic substaners; suck tasks include sweeping or diggsng in the

hot sun oF tain; usieg bleach or wesecticades: or unpiotected cleaning of tollet,

) Confinement, ineludieg being shuc in « confined space of material, ted up oe forced
to tetnain in one place (ur an exterided ened af rine

5) Any threat of physic:

% Any other physical wet perpetraced on a child's bods, for the

or disespline, intended th cause seine degree of

Oh Verhal aseaults, threats ot iatumedanvon:

Verbal abuse, scolding, vet
Makicg a child louk
Other acte or woidls which beurle, +
ome the child a scapegoat

purpose af punishment
wn or discomfort, however light

ndicu'ins or denggeating;
Cor ee's poets or the pubhe; aud
Moeae, agnore, olare the child or

nts refer to persons

Seemed bs the Department of Social Welfa

Development (DSWD) 1 provide planned. temporar:. supserute parental care 0

@ Guardians cofer co legal guatdaus smd
aE the child

ni seter to biologic

and
Iren
icluding telaures, with ph: stcal

other pers

parents, seep js
¢ OF partner of che [ncent
eens degally eespomsable for Oe ns ig fone! on substitute prensa asiters
tefer tw those provided for under Preswleuaat Decree Ne. GU, as amended ‘the Child and
Year Welfsre Code), Executive Grier No 2) 1 amendeal {the Fumuly Code’, and
Republic Act No. 7610, as ameuded “he Speciai Protection of Children Against Abuse,
sitation and Pisceimination Acc:

fast. aduptre patents and the comsyo-law

£

ior, while respecting chest rig
pamespavon in thew learning,
Je Serne providerr vefer to any person who, in a residential or nouresidential «
ces to children. There inlude social workess, cettee admunistrators and peesoanel
vse parents, health service providers, dy care workers, volunteer, securty guards an
seh ools and centers, gunrds in a your detention: Fume, las enforcement officers, haranigae
ar tanods, and jail officers

tung, provides



1 Prasters amd swine! eficate amd ain:
mecandheg guidance counselors, prefers o

*< exergy anthoutly over stideats,
piv sical eel

cate insteuctets. schoo!
eeemen: Temung (VTS and Cwiven’s Mileary
or Reserved Offers Ieunmg ‘esjs IROTC! conmandanes, tacacal
lent officers

and

pesonnel, scour masters a

fees weber te Gemewie sles rh direct
saxon refer to cestdeutial andl need
homes, vonth cehubiladion cx

vonract to the «

sal iv Leating agencies, meludin

sporty shelers anil orphanages: and
and parish centers.

ley

er fens of humiiaung ot slggrading
he Boome se
tert atid an ali sahes seerass tem

# children are hereby pro

un alertinve

gonnians, citives
we the vhdd, iacludug thove exercistze =e bsunite parerstal authyeu
and school officials nnd adenunisteanae af beth pudbe and private academue andl
Sneabena mgncunons, employers and super iscrs, service prea iders, priests, nuns, pastors ind other
members of relgious conpregutions or churches, ox wuck other persons under whose eae dhe
chikésen Fave been entrusted and wha inthets espera punishment or humiliaung or depeading
wear on the children shall be liahle in aevnedance wich existing penal laws: Povaided ‘That che
Penalty shall be unposed in the mains pemeal, excent where a higher jes provided fe
Her Wet No 3815, as amended, otherssve kinesin as ene “Resited Penal Code”, ander Repl
“OU, onherwise known as € Chilean Apwinst Chi Moose.

Set Ne. 9762, Orherwise Annan ay the

some rents
teichers,

ste may, the pause

instead vena eave and slevelupine

ing the cave, refer the accused ta the “cal
SW for asessment and inteeutea: Pec thas
shareed uzder ts Act Uhe interventions sha!
srolest discipline of childe

nate on
niert and teteceals we wher

. eersmsctin

Je ortender is the parent os a p

hours ie accordance with Exeeurn = Ch
Code of the Philippines”

parental ancthorn, the court ney suspensl
2 Ne 20 es amended, othersise kit as

er Remedies, The temedtes wvaitable ty ch
+ No. 9262 shall be available 1 the el

under Repubhe Act No. “60 and
14 anplicrte

£6 UW r6 May File 2 Compiainy. — Complain: on aces

degrading :reatment against children may e filed Is. she yall

sptal punishment or humilsong ot

2 DHended pares

bb Parents ar guard

© Ascendant or collateral # che hand tontec of consanguinity ar affauty
et OScer, sorta! worker or represontaty ef 3 ces d chyd caring insomuon;

© er or social Wurker of the DSWD athe bos! SWI},

£ Pouce officers, prefetably those uc charge at the Womee and Childcen’s Desk:

charsman ng kagars
chez, nongovernmental oxgarizvaon NGO
east ovo (2) concetued persons from 7

Ker, |

dh peovuler, day care wetker. or
Wet oceureed whe have ger

Svavledve of the act

cereenang Exempt pine Fences Tes even

poral punisliment ot humdiaane
2 scantg et grad raid responds on antervenes «haut

¢ punishment, uny person


using violence oF restraint greater than aecessat: 1 ensure “he saiety of the victim, shal aor he

ermunall:, ciclly of administrative lable

erat, = The Reginosl Umi t
e qunsdienint over cases of

AUT ectesited as barby Coan shall have ouginal

poral ponshieat or humliatng or degrading ereacment
» da rhe absence af scl couse is the peace “chere Hae inutted, the case
din che RTC in the plier whete the oF its clemenus were comumurted at the
© complainant

SEC. 9 Rezoning, ~ AIL eases of corpora! pumstmen: vr hmawlitig or deyrading yumskment of

children tesraght t0 the barungay or the potiue we a faathe::. pum idet, shall he reported s+ che

feat DDO sathin eight) hours trot the cere of the cunplant, withoue peembee tu the

oan of the investigation of she fling of he apprerrace crinmnsl cave. Fallure

sorhirt the stestribed penod shall be a gresnd toe adr
Sver. or heattheure provider

fs acuon against the

dentiaity — Al records pe:
homiaung cr degeading punishment «

airs: ae fees of crepoeal punishinent and other
chien. ciuding Hse an Ave Saeanga:, the police or
val and che nghi ta peivsct of the victun shall be

Pubbc or pevare healtheare facility shall be cefic
resnected

sever publishes or causes te be pub

any Wentifving unfycusacon
cunsent, shall be px
24m) 0.

Jonmat, the name, addiess, telephone
zetim oor ammestiaie finnily siember ot he
ine et nest more thar, Tso hundred

H ment and Iniervention, “The hacal SW1OC, through ws sheral workers, shall conduct att
assessmear in all cases of corporal punishment aad wher hymulating oe degrading fuems of

wnishmens of childtew 10 decermine the sppreiriate cousideting the bese interest wf
je ctl a: a times, The assessment casil be jue: sere (3) calendar days, suthout
eesndice te the conduct of a more compeeltenes e cas + The mlervenaons me: inelede
psichossci! smerventtions for the child andr custads by the social wether.
te Pucement for the child, anedical aad le
J non-violent discipline of chidees, ¢sns

ices fon the prerpetra

The assesstnene shall be cravucted and
sehether or ot a criminal case 4s tile

ere SL be provided fay che ineal SWC

en
® The DSWD shall formulate a complebens-ve pe
slenr dsscapline of childsen ancl the prev:
sruhaning of degrading for

srdinanon with oiler porcine:

tines, NGOS and parents teach,
sem building o€ seevice jos iders
pline of children, child flisndi: reporace
port, and decomentatinn, daca manage:

wes anna Respond

aM co promote the positive and aon
of the use of corporal punishmen: and

+ The programs shill be des elupedt
i private sector, mxcinliny seadermae
Latooms, “Thy prageags shall welede

of push

ann acd positive and now elent

ins, cll protection services and

systems.

ciptine af children it the camung of
NV evsare chat officials andl sath of
mukurng us engrachug punsétient oe

hat appropriate actica ie 4

ly and staff of chikl car
sons do nut use eorpural pasheseet
chi under their cusrods It shall
vt officals and stall of the ansrintion

b The Deparment of Education (Dep D. ce Commesion on Higher Education
the Veuhsical Rdueatine and Skule De
ove and non violent discipiine uf

irae)

ver Muthu, FL

SIV: shall entyzeare
ceasing of «clo! officials, teachers and



personnel, The three (3) agencies shall ensure eat achy 0
ut use comporal puntishment
cesdens Shey shal alu ent
tooo officals, teacher:

sand persiamel dy
ft degribey pumshment on any pup or
feunistsative satin 16 taken agaunsr eeeeng.

‘The CHED shall inteyrate posioye and eon:
pecholo: and social work curticula, and
child work

lear dsciphine of children in che educauon,
fhe enitenaum of odher disciplines related

te Alf loca! SWDOs shall adlopt and uepleneat srearan
daphne of children aud the preven
or degrading forms of punishment ef chides her ss

and services to promote the pusiare

fof Children 14.PC shalt supp
sline of cb
abating Hr degrading torms of peunshmene of

prograins lait ptumore
_Pacvent che use OF cheporal punishment

and shlren and sesqrnd te such cases
Lhe Conned for che Welface of Children (C8 shal

ws Act among concemed goveentuen: agencies Ir shall momar the
forcement of this Act and che unplemenaris: of all pengtams aod servives peut ide for

us Act. bt shall nlso mvbihze the ditterer? anter agener mechanistns withm ne
sal and local seructires to suppor the isp i ny and services,

ge ntfyrmmanion on

Leal government umes (GL 2) shal mebihze. sens ter

2 support local structures, such
veal counuls for the prerenmn of ch’ dea

neal special bodies, Luyug
reves sdaanizations in facthraring the

shment, andl peomnacn of

apamavapa und chikben’s welfare ane

wevension of and essporise tr sses eT eaperal pus

se discipline in their reepectte “ocaltes

1g The Sangguniang Kabataan SKY shall mclude so aes pe

opcams the plevenaon of corporal
nklren.

ucskment and humibating oc degtaling purishment ©

and Re
the Deparment

senting Rui = The DED. os ith the Depl1d, the
VESDA, the tenor aad Local Government (DILG. the
Health (DOH) and other relevanr gover:

jerretes, leagues of local government
azitons, shall peomulgate the implementing, cules and
regalagons of thie Ace within six {(9 months fore ws agora

SEC 14 Sagstten Agpioation, ~ Vor puxposes of thes Aer.
Chud and Youdh We!
applicatien.

ye Revised Penal Cod

1

as amended, the
ble Laws shall’ have suppletoey

neaded, aaa other

in of this Act shat be
ons of the Di D, the Depll), the TESIDA and the CHED,
cal Apptorticiets At Per EGS, the implementation of the
st he charged aygnns: the litera Ro weve Ahonent und other imesnalle geuerated
he 1GU concerned

charged agesnst the current appropriat
the annual (5

Net e aeld wewunsunraoil or

mi. the sther sechons oF provision ed,

SLE. 17, Reveaiing Clause. All ws, presidential decree

creo? ingonasstent with &

secure orders

alot are hereby repeated er aecited,

CTR Loam Clanae — This Act sf
thew spaper of ytenesal circulation,

rake ebtest it

een 13. days after its publicagom ay any

a


RA Sh A

Republic of the Philippines
HOUSE OF REPRESENTATIVES
(Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
1082

House Bill No.,

INTRODUCED BY REP. BERNADETTE HERRERA-DY

EXPLANATORY NOTE

Itis an established fact that parents in the Philippines discipline and punish their children
through the use of corporal or physical punishment in the following forms: spanking with hand;
pinching; hitting with an object; twisting the child's ear: pulling the hair; slapping the face or
ead; confinement in a sack; of shaking. Filipino children also experience threats of physical
punishment and humiliating treatments such as being shouted at in frout of others, labeling and
denigration. Jn 2 survey conducted by Save the Children in the Philippines, 85% of children
surveyed said that they were punished in the home, and 82% said that they were hit in different
parts of the body. In the areas covered by the UNICEF country programme, 60 percent of
women (3.6 million) report that they use at least one form of psychological or physicaj
punishment to punish or discipline their children. In particular, 13 percent reported that they
used some severe physical punishment on their children. A survey conducted among Filipino
students generated evidence that Filipino children, especially adolescents, also experience verbal
abuse, degradation and other forms of psychological punishment, and that even these non-
physical forms of punishment have negative effects on children, such as Jow self-worth,
depression, displaced anger and aggression.

According t the World Health Organization (WHO), in its 2002 Report on Violence and
‘Health, corporal punishment “....kills thousands of children each year and injures and handicaps
many more. In the longer term, a large body of research has shown it to be a significant factor in
the development of violent hehavior, and it is associated with other problems in childhood and
later life.” Children who are disciplined with spanking or other physical punishments are more
likely to be anxious and aggressive than children disciplined through other methods.

Various researches show that corporal punishment is ineffective in disciplining children
of all ages and most often, it produces anger, resentment, and Jow-self-esteem on children. It


‘also teaches the child that violence is an acceptable behavior and is a solution to problems; thus,
corporal punishment perpetuates itself as children imitate the actions of adults.

and interviews with children show that children believe that
ey need guidance from adults. However, children have
hunt by their parents and teachers, and preferred that non-
Violeat methods be used to discipline them. They say that Jeaming will be better if they are

explained to them what wrong they may

In the Philippines, researches
discipline is important and that th
expressed that they do not want to be

talked to and treaied in a calm and understanding w
have done, or the right way to do things, and make them feel that they are still loved and
sccepted despite having committed a wrongdoing. Pareats admit that they are not aware of any
other way of disciplining their children even if they feel guilty and sorry about hurting them
physically and psychologically. The corporal method, they say is a system they have Ieamed
fom their own parents and grandparents. Parents have expressed the need for alternative

positive and non-violent methods for disciplining children.

‘As a signatory to the International Covenant on Civil and Political Rights and the
Convention on the Rights of the Child, the Philippines bas the obligation to prohibit all forms of
physical and memal violence which includes corporal punishment and deliberate humiliation in
the family. Being a State Party to said international instruments, we are required by Article 19 of
the CRC to “take all appropriate legislative, administrative, social and educational measures to
protect the child from all forms of physical or mental violence, injury or abuse, neglect or
treatment, maltreatment or exploitation, including sexual abuse, while in the care of

‘al guardian(s) or any other person who has the care of the child.” It has been made

negligent
of corporal punishment, including

parent(s), le;
it clear that this requires the prohibition of all forms

punishment inflicted by parents in the home.
in light of the foregoing reasons and consistent with the country’s international
commitments, the need to prohibit corporal punishment and all other forms of humiliating or

degrading punishment of children in the home, in schools, in instinmtions, in alternative cure
systems and in all other settings is immediate and compelling. For this reason, immediate

passage of this bill is earnestly requested.

(ADETTE HERRERA-DY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session
House Bit'No.__ 1.082

INTRODUCED BY: BERNADETTE HERRERA-DY

AN ACT PROHIBITING ALL CORPORAL PUNISHMENT AND ALL OTHER FORMS
OF HUMILIATING OR DEGRADING PUNISHMENT OF CHILDREN AND
PROMOTING POSITIVE AND NON-VIOLENT DISCIPLINE OF CHILDREN,
"APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
SECTION 1. Short Tile. — This Act shall be known as the *Anti-Corporal Punishment Act of

2010."
SECTION 2. Declararion of Policy ~ The State recognizes the vital role of children and youth in
nation building and shall promote and protect their physical, moral, spiritual, intellectual and
social well-being. It shal} inculcate in the youth patriotism and nationalism, and cncourage their
involvement in public and civic afTairs. The State shalt defend the right of children to assistance,
including proper care and nutrition, and special protection from all forms of neglect, ubuse.
cruelty, exploitation, and other conditions prejudicial to their development. The State shall

the child through measures that will ensure the observance of

protect the best interests of
international standards of child protection, especiaily those to which the Philippines is a party.

No child shall be subjected to torture or other cruel, inhuman or degrading treatipent or

punishment. Such treatment or punishment, including corporal punishment and all other forms
of humiliating or degrading treatment or punishment, violates the child’s right to be respected for

hisher human dignity and physical integrity and to equal protection under the law.
The State respects the responsibilities, rights and duties of parents, guardians, or other persons

legally responsible for the child, including those exercising special or substitute parental
authority, to provide, in a manner consistent with the evolving capacities of the child, appropriate

direction and guidance in the exercise by ihe child of his/her rights.


‘The State shall take all appropriate measures to ensure that schoo! discipline is administered in a

manner consistent with the child’s human dignity

on-violent discipline of children in the
‘stems, in employment and in all other
id mobilize resources to

In this regard, the State shall promote the positive and ni
home, in the school, in institutions, in alternative care sy:
settings, It shall establish the necessary structures and mechanisms ani
make this possible.
‘The State shall take all appropriate measures to protect the child from all forms of physical or
mental violence, injury of abuse, neglect or negligent reaument, maltreatment or exploitation,
including sexual abuse, while in the custody of parents, guardians or any other person who has
the care of ihe child. Such protective measures shall incJude effective procedures for the
establishment of social programs to provide necessary support for the child and for those who
care for the child, as well as for other forms of prevention and for identification, reporting,
Scfermal, investigation, treatment and follow-up of instances of child maltreatment, und, as
appropriate, for legal or judicial action.
SECTION 3. Definition of Terms, — The following terms as used in this Act shall be defined as
follows:
eighteen (18) years of age, or those over but are
abuse, neglect, cruelty.
bility or condition,

Child” refers to a person who is below
unable to folly take care of themselves or protect themselves from
exploitation or discrimination because of a physical or mental di

ent” refers to punishment or penalty for an offense or imagined

(b) “Corporal punish
‘carried out for the purpose of discipline, training or control, inflicted
or

offense, and/or acts
by an adult or by another child, who has
responsibility for punishment or discipline. ft includes physical and humiliat

degrading punishment, such as but not limited to:
Blows to any part of a child’s body, such as beating; kicking; hitting; slapping;

Jashing; with or without the use of an instrument such as a cane, shoes, broom,
stick, whip or belt;

 Pinching: pulling ears or hair; shaking: twisting joints: cutting and shaving hair:
cutting of piercing skin; carrying, dragging or throwing a child,
Forcing a child, through the use of power, authority or threats, to perform
physically painful or damaging acts. such as holding a weight or weights for an
extended period; kneeling on stones, salt or pebbles; squatting; standing or sitting

in a contoned position;
Deliberate neglect of a child’s physical needs, where this is intended as

been given or has assumed autho:

vb

w

punishment;
Use of external substances, such as burning or freezing materials, water, smoke,

pepper, alcohol, excrement or urine;
Use of hazardous tasks us punishment or for the purpose of discipline, including
those that are beyond a child's strength or bring him or her into contact with
dangerous or unhygienic substances; such tasks include sweeping or digging in
the bor sun or rain; using bleach or insecticides; unprotected cleaning of toilets:

we


7. Confinement, including being shut in a confined space or material, tied up, or
forced to remain in one place for an extended period of time;

8. Any threat of physical punishment;

9. Any other physical act perpetrated on a child's body, for the purpose of
punishment or discipline, intended to cause some degree of pain or discomfort,
however light;

10. Verbal assaults, threats, or intimidation:

11. Verbal abuse, scolding, yelling, swearing.

12. Child made to Jook or feel foolish in front o|

13. Other acts or words which belittle, humiliate, scapegoat, blame, ignore,
the child.

> refers to persons duly licensed by the Department of Social Welfare and
ed, temporary, substitute parental care to children,

ridiculing or denigrating;
f one’s peers or the public; and
or isolate

(©) “Foster parents’
Development to provide plana

(4) “Guardians” refers to legal guardians and other persons, including relatives, with
custody of the child.

(e) “Parents” refers to biological parents, step parents, adoptive parents and the common-law
spouse or partner of the parent.

physical

the child, inchading those exercising special or substitute
ose provided for under Presidential Decree Ne 603. as

Fimended (the Child and Youth Welfare Code), Executive Order No. 209, as amended
{the Family Code), and Republic Act No. 7610, as amended (the Special Protection of
Children against Abuse, Exploitation and Discrimination Act).

(® “Persons legally responsible fox
parental authority” refers to th

that teaches children and guides

(@) “Positive discipline” refers to an approach to parenting
development, protection from

their bebaviour, while respecting their rights 1o healthy
violence and participation in their learning;

(hy “Service provider” refers to any person who, in a residential or non-residential setting.
provides services to children, It includes social workers, center administrators and
personnel, house parents, health service providers, day care workers, volunteers, security
guards in schools and centers, guards in a youth detention home, law enforcement

officers, barangay officials and tanods, und jail officers.

@ “Teachers and schoo! officials and administrators” refers to persons exercising authonity
over students, including guidance counselors, prefects of discipline, physical education
instructors, school personnel, scout masters and CAT and CMT or ROTC commandants,

tactical officers and student officers.
“yayas, housemaids and caregivers” refers to domestic workers with direct contact to the
child

o)


(k) “Institutions” refers to residential and non-residential child-caring agencies, including
youth homes, youth rchabilitation cemters. drop-in centers, temporary shelters and
orphanages: and churches or religious centers, including places of worship and parish
centers.

SECTION 4. Prohibition. - All corporal punishment and al! other forms of humiliating or

degrading punishment of children is hereby prohibited in the home, in the school, in institutions,

in alternative care systems, in employment and in all other settings. Parents, yayas, housemaids
and caregivers, foster parents, guardians, relatives who have custody of the child, or other
persons legally responsible for the child, including those exercising special or substitute parental

Juthority, teachers, instructors and school officials and administrators of both public and private

seadernic and vocational institutions, employers and supervisors, service providers, priests,

fhuns, pastors and other members of religious congregations or churches, or any other person who
has the care of the child who inflicts corporal punishment or humiliating or degrading
punishment on the child shall be Fiable in accordance with existing penal laws, provided that the

Fenalty shall be imposed in the maximum period, except where a higher penalty is provided

under Act No. 3815, as amended, otherwise known as the “Revised Penal Code,” Republic Act

No. 7610, otherwise known as the “Special Protection of Children Against Child Abuse,

Exploitation and Discrimination Act,” or Republic Act No. 9262, otherwise known as the “Anu-

Violence Against Women and their Children Act’; provided, that if the act is not penalized under

the above-mentioned laws, the penalty shall be arresto mayor in its maximum period.

Ifthe penalty imposable for the act is only arresto menor or arresto mayor the prosecutor
may instead of filing the case refer the accused to the local social welfare and development office
provided, that the offender has not been previously charged

for assessment and intervention;
under this Act. The interventions shall include seminars on children’s rights and positive and

non-violent discipline of children, counseling, anger management and referrals to other
rehabilitative services.

If the offender is the parent or a person exercising pareatal authority, the court may
suspend parental authority in accordance with Executive Order No. 209, as amended, otherwise

known as the “Family Code of the Philippines”.

SECTION 5. Other Remedies. — The remedies available to the victim under Republic No. 7610
and Republic Act No, 9262 shall be available to the child where applicable.

SECTION 6. Hho May File a Complaint. - Complaints on cases of corporal punishment or
humiliating or degrading treatment of children may be filed by the following:
(a) Offended party;

(b) Parents or guardians;
fe} Ascendant or collateral relative within the third degree of consanguinity or affinity:

fai Officer. social worker or representative of a licensed child-caring institution;
(e} Officer or social worker of the Department of Social Welfarc and Development or the

local social welfare and development office:
{f) Police officers, preferably those in charge of the Women and Children’s Desk

(g) Barangay chairman or kagawad;



fh) Teacher. NGO worker, health provider, day care worker; or
(@ At least two (2) concemed persons from the place where the act occurred who have
personal knowledge of the act.

SECTION 7. Persons Intervening Exempt from Liability. — In every case of corporal
punishment or humiliating or degrading punishment, any person who, acting in good faith,
responds or intervenes without using violence or restrain! grealer than necessary to ensure the
safety of the victim, shall not be criminally, civilly or administratively Mable.
SECTION 8 Venue. — The Regional Trial Coun designated as 2 Family Court shall have
original and exclusive jurisdiction over cases of corporal punishment or humiliating or degrading
treatment of children. 1n the absence of such court in the place where the offense was
committed, the case shall be filed in the Regional Trial Cour in the place where the crime or any
of its elements were committed at the option of the complainant.

SECTION 9. Reporting, ~ All cases of corporal punishmeat or humiliating or desrading
punishment of children brought to the barangay or the police, or a heultheare provider, shall be

Toported to the local socia) welfare and development office within eight (8) hours from the time
Sithe complaint, without prejudice to the continuation of the investigation or the fling of the
appropriate criminal case, Failure to report within the preseribed period shall be a ground for
car vinstrasive action against the barangay official ot police officer, or healtheare provider.

SECTION 10, Confidentiality. ~All records pertaining to cases of corporal punishment and

viher bumiliating or degrading punishment of children, including those in the barangay. the

police or public or private healthcare facility, shall be confidential and the right to privacs of the

victim shali be respected.

be published, in any format, the name, address, telephone

mation of a victim or immediate family momber of the
of not more than Two Hundred

Whoever publishes or causes 10
number, school. or any identifying info
victim, without their consent, shall be penalized with a fine
Thousand Pesos (P200,000.00).

SECTION 11, Assessment and Intervention. — The local social welfare and development office,
through its social workers. shall conduct an assessment in all cases of corporal punishment and
other humiliating or degrading forms of punishment of children to determine the appropriate
interventions, considering the best interest of the child at all times. The assessment shall be
completed within twee (3) calendar days, without prejudice to the conduct of a more
comprehensive case study report. he interventions may include psychosocial interventions for
the child and the family, protective custody by the social worker, temporary placement for the
child, medical and legal services, and sominars on children’s rights and positive and non-violent
discipline of children, counseling, anger management and referrals 0 other rehabilitative

services for the perpetrator.

The assessment shall be conducted and interventions shall be provided by the local social
weifare and development office whether or not a criminal case is filed.


SECTION 12. Roles and Responsibilities. ~
e and Developmem (DSWD) shall formuiate a
comprehensive program to promote the positive and non-violent discipline of children
fand the prevention of the use of corporal punishment and humiliating or degrasding forms
Of punishment of children. The program shall be developed in coordination with other
ovement agencies and the private sector, including academic institutions, nom
governmental orpanizations and pareni-teachers-commnnity associations. | The program

qhall include capacity building of service providers, parenting education and positive and
non-violent discipline of children, child-friendly reporting mechanisms. child protection
services and suppor, and documentation, data management and monitoring systems.

a The Department of Social Welfar

‘The Department Social Welfare and Development shall integrate positive and non-violent
discipline of children in the training of officials and staff of child-caring instinutions. Tt
Shall ensure that officials and staff of instinmtions do not use corporal punishment and
humiliating or degrading punishment on any child under their custody. It shall also
qneure that appropriate action is taken against erring officials and staff of institutions.

b. The Department of Education (DepEd) and the Commission on Higher Education

(CHED) shal) integrate positive and non-violemt discipline of children in the taining of

The two agencies shall ensure that school

school officials, teachers and personnel.
Officials. teachers und personnel do not use corporal punishment and humiliating or

degrading punishment on any pupil or student. They shall also ensure that appropriate
criminal end administrative action is taken against erring school officials, teachers and

personnel.

The CHED shall integrate positive and non-violent discipline of children in the

Educarion, Psychology and Social Work curricula, and in the curriculum of other

disciplines relaied to child work.

|AJI local social welfare and development offices (SWDOs) shall adopt and implement
the positive disciptine of children and the prevention of

d humiliating or degrading forms of punishment of
s of victims. of

programs and services to promote
the use of corporal punishment an
children. They shall ulso provide assistance 10 victims, and tamilie

corporal punishment and humiliating or degrading punishment

Local Councils for the Protection of Children (LCPCs) shall support programs thut

promote the positive and non-violent discipline of children, prevent the use of corporal

punishment and humiliating or degrading forms of punishment of children, and respond
to such cases.

. The Council for the Welfare of Children (CWC) under the DSWD shail disseminate all

relevant information on this Act among relevant government agencies and entities. It

shall monitor the enforcement of this Act and the implementation of all programs and
services provided for under this Act. It shall also mobilize the different inter-agency


- Se et A  e e

mechanisms within its national and Jocal suetures to support the implementation of

programs and services.

strengthen and support local structures, such as
the local councils for the protection of children, local special bodies. lupong
teeapamavapa and children’s associations in facilitating the reporting of, prevention of
and response 10 cases of corporal punishment, and promotion of positive discipline in
their respective localities.

|. ‘The Sangguniang Kabataan (SK) shall include the prevention of corporal p
humiliating or degrading punishment of children in its programs.

and Regulations. — The Department of Social Welfare and
the Department of Education, the Commission on Higher
rand Local Government, the Department of Health and
Jeagues of local government officials, non-governmental
‘ons, shall promulgate the Implementing Rules and

f. Local government units shall mobilize,

yunishment and

SECTION 13. Implementing Rules
Development, in consultation with

Education, the Departinent of Interior
other relevam government agencies,

organizations, and children’s organizati
Regulations of this Act within six (6) months from its approw al.

SECTION 14. Suppletory Application. -- For purposes of this Act, the Revised Penal Code, as
amended, Child and Youth Welfare Code, as amended. and other applicable laws shall have
supplerory application.

— The amount of One Hundred Fifty Milion Pesos
(P150,000,000.00) is hereby appropriated for the initial implementation of this Act. Thereafter,
the Deparment of Social Welfare and Development, the Deparument of Education and the
Commasion on Higher Education shall include the amounts necessary for the implementation of

this Act in their annual budgets.

SECTION 15. Appropriation.

SECTION 16. Separability Clause. - If any section or provision of this Act is held
shall not be affected.

tmconstitutional or invalid, the other sections or provisions sI

All laws, presidential decrees, executive orders und rules and

SECTION 17. Repealing Clause. ~
the provisions of this Act are hereby repealed or

regulations. or parts thereof, inconsistent with
modified accordingly.
_ This Act shall take effect fifteen (15) days from the date of its

\ewspapers of general circulation.

SECTION 18. Effectivity
complete publication in at least two (2) n

APPROVED


HOUSE OF REPRESENTATIVES
Quezon City

MINCTES OF THE MEETING OF THE COMMITTEE ON THE WELFARE OF
CHILDREN HELD ON 01 MARCH 2011, AT CONFERENCE ROOMS 3 & 4,

RAMON Y. MITRA BUILDING, HOUSE OF REPRESENTATIVES, QUEZON CITY

L

TH.

CALL TO ORDER
The meeting was called to order at 10:15 a.m. with Rep. Josephine Veronique Lacson-
Noel, presiding.

OPENING PRAYER
Rep. Cinchona Cruz-Gonzales of CIBAC Pantylist led the opening prayer.

ROLL CALL/APPROVAL OF MINUTES OF THE FEBRUARY 15, 2011
MEETING

Upon the motion of Rep. Susan Yap, duly seconded, calling of the roll and the reading
of the minutes of the February 15, 2011 meeting was dispensed with and the larter

wes approved.
ACKNOWLEDGMENT OF MEMBERS AND OPENING REMARKS

Rep. Lacson-Noel acknowledged the presence of Rep. Susan Yap, one of the authors
of the Ati Corporal Punishment bill. She also recognized the members of the
Committee on the Welfare of Children who were present in the meeting namely Rep.
na Cruz-Gonzales, and Rep. Mariano Michael Velarde, Jr., Princtpal authors of
the Children in Situations of Armed Conflict bill, Rep. Marcelino Teodoro and
Deputy Speaker Maria Isabelle Climaco, were also present

Rep. Lacson-Noel remarked that she was authorized by Chairperson Aurora Enerio-
Cerilles to preside over the meeting, She explained that it was an Executive meeting
in a sense that there were no invited guests. However she noted that the meeting was
not confidential in nature so the secretariat was present to lake note of the

proceedings
Rep. Lacson-Noel also stated that the views of the stakeholders had been heard in the
previous committee meetings and technical working group mectings. The
stakeholders did not raise any objections on the passage of any of the bills being
considered in the meeting, She informed the body that there were two matters on the
agenda,

She mentioned that first in the agenda was the anti corporal punishment bill
principally authored by Rep. Susan Yap and Vice Chairperson Bernadette Herrera Dy.
The version was revised by the secretariat based on the discussions during the
February 15, 2011 meeting as suggested by the authors, the members, particularly
Deputy Majority Leader Gunigundo, Emmi De Jesus, Catalina Bagasina and the
suggested amendments forwarded by the stakehoiders.

Afterwards, she said that the deliberation of Children in Situations of Armed Conflict
draft substitute bill, principally authored by Rep. Marcelino Teodoro and Deputy
Speaker Maria Isabelle Climaco was also part of the agenda, The unnumbered



Children in Situation of Armed Conflict substitute bill was a product of the Technical
Working Group composed of different stakeholders including the Department of
Social Welfare and Development, Commission on Human Rights, Council for the
Welfare of Children, Armed Forces of the Philippines. Philippine National Police.

jifice of the Presidential Adviser on Peace Process. non-governmental organizations
and the principal authors of the bills. Three exhaustive Technical Working Group

meetings were conducted and the present version was their output up for the approval
of the Committee.

DELIBERATION AND APPROVAL OF ANTI CORPORAL PUNISHMENT™
DRAFT SUBSTITUTE BIEL

The amendment proposed by Rep. Susan Yap to delete “any threat of physical
punishment” and “sweeping or digging in the hot sun or rain” in the list of degrading

punishment was adopted.

Moreover, Rep. Cruz-Gonzales recommended that Sec. 3 (b} (9) “any other physical
act perpetrated on a child’s body, for the purpose of punishment or discipline,
intended to cause some degree of pain or discomfort, however light", be deleted. She
also moved that the Section on Reporting be placed ahead of the Section on Who May
File a Complaint. She also clarified if barangay officials should be held liable if they
failed to report any instances of corporal punishment. Rep. Yap answered that
barangay officials will only be held liable if they have a personal knowledge or have
received complaint of the incident and they failed to report that.

Vice Chairperson Velarde likewise proposed for the deletion of “scolding” and
“forced to remain in one place for an extended period of time” on the list of acts
considered as corporal punishment. He also proposed that when the offended party
will file the complaint, the child should be assisted by an adult. There being no

objection, the motions were approved

‘Although he was not present, Deputy Majority Leader Magtanggol Gunigundo I also
introduced some amendments to the bill. His amendments were read by the
Committee Secretary. He proposed to change the title of the bill to “AN ACT
PROMOTING POSITIVE AND NON-VIOLENT DISCIPLINE OF CHTDREN.
‘APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.” He also
proposed to change the short title to The Positive Discipline of Children Act of 2011.

‘A definition of positive discipline was also amended by Deputy Majority Leader
Gunigundo. Positive discipline “refers to an approach io parenting with gozls 10
correct immediate behavior of the child, to teach a lesson, 1 give tools that build sel
discipline and emotionul control and to build parent-child. relationship by
understanding the child's needs and capabilities at various ages and what behavior is
usual for child at each stage of development”, He likewise suggested different
positive and non-violent techniques for disciplining child such as Bear the Clock,
Grandma's Rule, Neutral Time, Praise Reprimand, Rule and Time Out.

On Definition of Terms under Section 3 (b) (1) the addition of the phrase “or any
striking of the child’s face or head, such being designated as the ‘no contact 2one"”
was also suggested by Deputy Majority Leader Guniguado, The body adopted the
‘Deputy Majority cr Gunigundo

amendments

Upon the motion of Rep. Cruz-Gonzales, the draft unnumbered House bill in
substitution of House Bill Nos. 914 and 1082 entitled “An Act Promoting Positive and

Non-Violent Discipline, and Appropriating Funds Therefor” was approved subject to



style and amendments agreed upon during the meeting. Rep. Cruz-Gonzales also
moved that all membors present be made co-authors of the bill

‘The Committee was directed to seek the comments of the Committee on

VO.

Appropriatons reading provisions that fal] Wrihn its UTIscIctON.
APPROVAL OF CHILDREN EN SITUATIONS OF ARMED CONFLICT
DRAFT SUBSTITUTE BILL

Depury Speaker Climaco informed the body that three Technical Working Groups
(TWG) were conducted to refine the provisions of the bill. The TWG was composed
of different government and non-goverament orgenizations, particularly those who

work with indigenous people. Rep. Marcelino Teodoro and Deputy Speaker Climaco
both appealed to the Committee to consider the approval of the Children in Situations

of Armed Conflict bill.

Upon the motion of Rep. Cruz-Gonzales. the draft unnumbered House bil) in
substitution of House Bill Nos. 1198 and 1712 entitled “An Act Providing for the
Special Protection of Children in Situations of Armed Conflict, Providing Penalties
for Violations Thereof” was approved subject to style. The motion of Rep. Cruz-
Gonzales that she be made co-author of the bill was also approved.

Rep. Lacson-Noel congratulated the authors for a very laudable bill and she
emphasized that it was the first time that a bil! of this nature was filed in Congress.

The Committoe was directed to seek the comments of the Committee on
Appropriations regarding provisions that fall within its jurisdiction

ADJOURNMENT

There being no other matters t discuss, the meeting adjourned at 10:55

Prepared by:

FRANCOISE MARTE\B. ALONZO-CALALAY
SLSOT

Certifted ‘frue & Correct:

MARI FE J: ‘TD. SUD PONG

Acting Committee Secretary

Noted by:

HON. JOSEPHINE VERONIQUE LACSON-NOEL
Presiding Officer


HOUSE OF REPRESENTATIVES
COMMITTEE AFFAIRS DEPARTMENT

FACT SHEET

HOUSE BILL NO. 4455
(As Reported Out)

AN ACT
PROMOTING POSITIVE AND NON-VIOLENT DISCIPLINE IN LIEU OF
CORPORAL PUNISHMENT OF CHILDREN AND APPROPRIATING

FUNDS THEREFOR

introduced by: REPS. SUSAN A. YAP, BERNADETTE R. HERRERA-DY, CARLOS M.
PADILLA, JOCELYN S, LIMKAICHONG, ROILO GOLEZ, JOSEPHINE VERONIQUE R.
LACSON-NOEL, JANE T. CASTRO, HERMINIA B. ROMAN, ROSENDA ANN OCAMPO,
CESAR V. SARMIENTO, AURORA ENERIO-CERILLES, MARIANO MICHAEL M. VELARDE,
JR., CINCHONA CRUZ-GONZALES, MARIA ISABELLE "BENG" G. CLIMACO, DARYL
GRACE J. ABAYON, MA, ANGELICA M, AMANTE-MATBA, MA, RACHEL J. ARENAS,
KAKA J. BAG-AO, KIMI S. COJUANGCO, EMERENCIANA “EMMI” A. DE JESUS, RACHEL
MARGUERITE 8. DEL MAR, JANETTE L. GARIN, GLORIA A. MACAPAGAL-ARROYO,
MARIA MILAGROS E. MAGSAYSAY, MARLYN L. PRIMICIAS-AGABAS, NUR-ANA |.
SAHIDULLA, BAI SANDRA A. SEMA, MA. GEORGINA P. DE VENECIA, JOSEFINA M.
JOSON and REENA CONCEPCION G. OBILLO

Committee Referral : COMMITTEE ON THE WELFARE OF CHILDREN
Committee Chairperson; HON. AURORA ENERIO-CERILLES

OBJECTIVES:

* To establish a legal framework to the country’s commitment to various
intemational agreements such as the Universal Declaration of Human Rights,
Geneva Declaration of the Rights of the Child, and Convention on the Rights of
the Child on protecting the young generation of Filipinos

* To secure the weil-being and safety of children by promoting positive and non-
violent methods of disciplining them and assisting parents in the fulfilment of their

parental obligations

* To protect children, as future adults, fram the grave consequences of corporal
punishment by prohibiting the infliction of all forms of corporal, humiliating or
degrading punishment on them in all settings



To provide legal remedies for victims and intervention measures for perpetuators
of corporal punishment

KEY PROVISIONS:

Mandates the formulation and implementation of a comprehensive program to
promote positive and non-violent discipline in lieu of corporal punishment of

children

Provides for a continuing information dissemination campaign on the benefits
and techniques of positive and non-violent discipline

identifies acts that constitute corporal punishment

Prevents anyone who Is entrusted with or who has custody of a child, including
parents, yayas, relatives, teachers, guardians, and employers from resorting to

corpora! punishment

Prohibits corporal punishment of children in all settings including in the home, in
schools, in institutions, in alternative care systems, and in the workplace

Compels erring parents to undergo counselling, seminars, or rehabilitative
services

Imposes upon other persons entrusted with the child the maximum penatties
provided for under existing laws

Exempts from liability any person who peacefully intervenes to ensure the safety
of the victim

Identifies persons who may file complaints on acts of corporal punishment
against a child

RELATED LAWS:

eee

Act No. 3815 ~ Revised Penal Code

Presidential Decree No. 603 — Child and Youth Welvare Code

Executive Order No. 209 — Family Cade of the Philippines

R.A. No. 7610 — Special Protection of Chitdren Against Abuse, Exploitation and

Discrimination Act
R.A. No. 9262 — Anti-Violence Against Women and their Children Act