, 
" 
I 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
~" 
St,l'J,tlTf 
' 
.".a; or Hi"S!~'Alt\{ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 1597 
i tJ 
fl't,I'::l>'M"D BV 'r~~'~' 
Introduced by Senator Miriam Defensor Santiago 
\.J 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 13 provides: 
The State recognizes the vital role of the youth in nation~building and shall 
promote and protect their physical, moral, spiritual, intellectual, and social 
well-being. It shall inculcate in the youth patriotism and nationalism, and 
encourage their involvement in public and civic affairs. 
Parents in the Philippines discipline and punish their children through the use of 
corporal or physical punishment in the following forms: spanking with the hand; 
pinching; hitting with an object; twisting the child's ear; pulling the hair; slapping the 
face or head; confinement in a sack; or shaking. Filipino children also experience threats 
of physical punishment and humiliating treatments such as being shouted at in front of 
others, labeling and denigration. 
According to the World Report on Violence and Health by the World Health 
Organization, in the short term, 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 behavior, 
and it is associated with other problems in childhood and later life." A study conducted 
in 2005 found that 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 low self~esteem 
1 


on children. It also teaches the child that violence is an acceptable behavior and is a 
solution to problems. Corporal punishment perpetuates itself as children imitate the 
actions of a,dults. 
The Committee on the Rights of the Child has emphasized several times that 
corporal punishment is not compatible with the provisions of the Convention on the 
Rights of the Child and is inconsistent with the requirements of respect for the child's 
dignity. Article 37 of the Convention on the Rights of the Child requires States Parties to 
ensure that "no child shall be subjected to torture or other cruel, inhuman or degrading 
punishment." As a State Party to the Convention on the Rights of the Child (CRC) and 
the International Covenant on Civil and Political Rights, the Philippines has the 
obligation to prohibit all forms of physical and mental violence, including corporal 
punishment and deliberate humiliation within the family. In accordance with Article 19 
of the CRC, States Parties are required 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 negligent treatment, 
maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal 
guardian( s) or any other person who has the care of the child." I 
~'-
4~-~,v-. ~y~ 
M¥ MIRIAM DEF~~SOR MNTIfIO 
I This bill was originally filed during the Fourteenth Congress, First Regular session. 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN-,,-~ 
S. No. J. D t1'i 
Introduced by Senator Miriam Defensor Santi~;'C~'\VH) I"'" .+::~ .. 
\) 
I 
AN ACT 
2 
AMENDING ARTICLE 218, ARTICLE 220 AND ARTICLE 223 OF 
3 
THE F AMIL Y CODE TO PROHBIT ALL FORMS OF CORPORAL PUNISHMENT 
4 
Be it enacted by the House of Representatives and the Senate of the Philippines in 
Congress assembled: 
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6 
SECTION 1. Article 218 of Executive Order No. 209, as amended, otherwise 
7 
known as the Family Code, is hereby amended to read as follows: 
8 
"Article 218. The school, its administrators and teachers, or the 
9 
individual, entity or institution engaged in child care, INCLUDING 
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EMPLOYERS, SUPERVISORS AND MANAGERS OF WORKING 
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CHILDREN shall have special parental authority and responsibility 
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over the CHILDREN [minor child] while under their supervision, 
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instruction, custody, OR EMPLOYMENT. 
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Authority and responsibility shall apply to all authorized activities 
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whether inside or outside the premises of the school, entity, institution, 
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OR WORKPLACE." 
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SECTION 2. Article 220 is hereby amended to read as follows: 
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"Article 220. The parents and those exercising parental authority shall 
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have with respect to their [unemancipated] children, wards, OR 
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EMPLOYEES the following rights and duties: 
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(7). To impose discipline on CHILDREN [them as may be required 
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under the circumstances]. HOWEVER, IN NO CASE SHALL 
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CORPORAL PUNISHMENT OR HUMILIATING TREATMENT BE 
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INFLICTED UPON CHILDREN. 
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CORPORAL PUNISHMENT REFERS TO ANY PUNISHMENT IN 
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WHICH PHYSICAL FORCE IS USED AND INTENDED TO 
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CAUSE SOME DEGREE OF PAIN OR DISCOMFORT, HOWEVER 
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LIGHT. HUMILIATING TREATMENT REFERS TO ANY ACT BY 
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WORD 
OR 
DEED 
WHICH 
BELITTLES, 
HUMILIATES, 
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SCAPEGOATS, THREATENS, SCARES, RIDICULES, IGNORES, 
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OR ISOLATES 
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THE CHILD, AMONG OTHERS. 
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IN CASES INVOLVING HIS DISCIPLINE, THE CHILD SHALL BE 
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GIVEN A CHANCE TO PRESENT HIS SIDE." 
IS 
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SECTION 3. Article 233 is hereby amended to read as follows: 
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"Article 233. The person exercising substitute parental authority shall 
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have the same authority over the person of the child as the parents. In 
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no case shall the school administrator, teacher, or individual engaged in 
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child care exercising special parental authority inflict corporal 
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punishment OR HUMILIATING TREATMENT upon the child." 
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SECTION 4. Repealing Clause: - Articles 45 and 47 of Presidential Decree No. 
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603, otherwise known as the Child and Youth Welfare Code, as amended, Article 74 of 
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Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws, 
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and all laws, acts, presidential decrees, executive orders, administrative orders, rules and 
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regulations inconsistent with or contrary to the provisions of this Act are deemed 
28 
amended, modified or repealed accordingly. 
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• 
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SECTION 5. Separability Clause. - If any provision of this Act is held invalid or 
3 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
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remain valid and subsisting. 
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SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
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its publication in at least two (2) newspapers of general circulation. 
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Approved, 
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