FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )

First Regular Session : )
HOUSE OF REPRESENTATIVES

House Bill No.__ 914

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

In response to the commitment of the Philippines to various international 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, it is imperative to enact legislation that shall
protect the young generation of Filipinos. One such danger to their well-being and safety
comes in the form of corporal punishment as a means to supposedly instill discipline. This
manner of maltreatment violates the right of the child to human dignity. Physical and
psychological abuse can greatly alter children’s behavior, which eventually poses grave results
during their adulthood. Such unfortunate circumstances do not only happen in homes, but
also in institutions of learning.

This bill seeks to address the plight of children against corporal punishment. Archaic
forms of teaching discipline to the young have no place in modern society, especially if these
involve violence in different forms. Children, as future productive citizens of the country,
need to be cared for in an environment that fosters positive reinforcement of behavior rather
that making use of punishment to supposed): rning. Regardless of age, this kind of
treatment should not be afforded to anyone. And with this, it is the responsibility of the State
to mitigate violence towards children by enacting concrete measures to secure their safety.
Moreover, the State must be able to create tangible mechanisms to promote the positive and
non-violent discipline of children at home, in school, in institutions, in alternative care
ystems, in employment, and in all other settings.

Repercussions suffered by the child through corporal punishment are consequences
that society must face as well. It is necessary to provide preventive and legal protection in
response to violations against children’s rights and welfare.

In view of the foregoing, the immediate passage of the bill is earnestly sought.

SUSAN
Representative, 2“Pistrlet Tarlac


FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
Uirst Regilar Session )

HOUSE OF REPRESENTATIVES

House BillNo.___ 914

Introduced by Representative Susan A. Yap

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 OTE PURPOSES

Be it emacted by the Senate and Flouse of Repres

«of the Philippines in Congress assembled:

SECTION 1. Short Title, - This Act shall be known as the “Anti-Corporal Punishment Act of 2010”.

SEC, 2. Devdaration of Policy. ~ The S
building and shall promote and protect th
being, It shall inculcate in the youth, patsiotism and
public and civic at
are and nutrition, and sp

ce ¢ vital role of children and youth in nation
spiritual, intellectual and social well-
and encourage their involvement in
ildven to assistance, including proper
UI forms of neglect, abuse, cruelty, exploitation and
other conditions prejudicial to their development. The State shall protect the best interests of the
child through measures that will ensure the observance of international standards of child
protecuon, especially those to which the Philippines is a party

ial protection f

Parsuant thereto, no child shall be subjected to tortue or other cruel, inhuman or degrading
ueatment 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 his/her human dignity and physical integrity and to equal protection under the law

The s

ste shall respect the responsibilities, rights and duties of parents, guardians or other
ly responsible for the child, including those exercising special or substitute parental
thority, 10 provide, in a manner consistent wih the evolving capacities of the child, appropriate
direction and guidance in the exercise by the chuld of his/her rights

The State’ shall cake all appropriate measures to ensure that school discipline is administered
ina manner consistent with the child’s human dignity

In this regard, the State shall promote the posit
school, in institutions, in alternative care syste!
establish the necessary structures and me

‘on-violent discipline of children at home, in
s, in employment and in all other settings. It shall
nisms and mobilize resources to make this possible

Vhie State shall take all appre
or mental violence, injury from ab:
ichidling sesual abuse, while in ‘or aay 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,

res to protect the child
negli

m all forms of physical

ment, m

reatment or exploitation,



investigation, treatment and follow-up of instances of child maltreatment, and, as appropriate, for
legal or juclicial action

SEC. 4. Definition of Terms. ~The following terms as used in this .\ct shall be defined as follows

(a) Child zefers to 2 person who is below eighteen (18) years of age, or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition

(©) Corporal punishment refers to punishment or penalty for an offense or imagined offense,
and/or acts carried out co discipline, train or control, inflicted by an adult or by another
child, who has been given or has assumed authority or responsibility for punishment or
discipline. It includes physical and humiliating or degrading punishment such as, but not
limited to:

(1) Blows to any part of a child’s body, such as beating; kicking; hitting; slapping;
lashing; with or without the use of an instrument such as a cane, shoes, broom,
stick, whip or belt;

Q) Pinching; pulling ears or hair, shaking; nwisting joints; cutting and shaving hair;
cutting or piercing skin; carrying, dragging or throwing a child;

3) Forcing a child, through the use of power, authority or threats, 10 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 contorted position;

(4) Deliberate neglect of a child’s physical needs, where this is intended as punishment;

(8) Use of external substances, such as burning or freezing materials, water, smoke,
pepper, alcohol, excrement or uri

(6) Use of hazardous tasks as punishment or for the purpose of discipline, including
those that are beyond a child’s suength or bring him/her into contact with
dangerous or unhygienic substances; such tasks include sweeping or dipging in the
hot sun or rain; using bleach or insecticides; or unprotected cleaning of toilets;

(7) Confinement, including being shur in a confined space or material, tied up of forced
to remain in one place for an extended period of tm

(8) Any threat of physical punishmens;

(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, ridiculing or denigrating

(12) Making a child look or feel foolish in front of one’s peers or the public; and

(13) Other acts or words which belittle, humiliate, blame, ignore, isolate the child or

make the child a scapegoat

(6) Faster parents refer to persons duly licensed by the Department of Social Welfare and
Development (DSWD) to provide planned, temporary, substitute parental care to children,

(A) Guardians refer to legal guardians and other persons, including relatives, with physical
custody of the child.

(©) Parents refer to biological parents, step parents, adoptive parents and the common
spouse or partner of the parent

(Persons iegally responsible for the child, including those exerixing special or substitute parental authority
refer to those provided for under Presidential Decree No. 603, as amended (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)

(@) Positive discipline refers to an approach to parenting that teaches children and guides their
behavior, while respecting their rights co healthy development, protection from violence and
pasticipation in their learning.

(h) Semtie providers refer to any person who, in a residential or nonresidential setting, provides
services to children. These include social workers, center administrators and personnel,
house parents, health service providers, day care workers, volunteers, security guards in
schools and centers, guards in youth detention home, law enforcement officers, barangay
officials and tanods, and jail officers



() Teachers and schoot officials and adminisirators refer wo persons exercising authority over students,
including guidance counselors, prefects of discipline, physical education instructors, school
personnel, scout masters and Citizen’s Advancement Traming (CAT) and Citizen’s Military
Training (CMT) or Reserved Officer's Training Corps (ROTC) commandans, tactical
officers and student officers

G) Yau howsemaids and careeiwey refer 10 domestic workers with direct contact to the child

(k) Inuitutions reler wo residenual and nonresideaual child-caring agencies, including youth
homes, youth rehabibtation centers, drop in ce ary shelters and orphanages; and
churches or religious centers, including places of worship and parish centers.

rs, tempo

SEC. 4. Prohibition, — All corporal punishment and all other forms of humiliating or degrading
punishment of children are hereby prohibited in the home, in school, in institutions, in alternative
care systems, in employmer Parents, yayas, housemaids and caregive
foster parents, guardians, relatives who have custody of the child, or other persons legally
responsible for the child, including those exercist hers,
instructors and school officials and adn des of both public and private academe and
\ocational institutions, empl visors, service providers, priests, nuns, pastors and other
members of religious congregations or churches, or such other persons under whose care the
children have been entrusted and who inflicts corporal punishment or humiliating or degrading
punishment on the chiktren shall be liable in accordance with exisuag penal laws: Promded, Lhat the
penalty shall be imposed in the maximum penod, except where a higher penalty is provided for
under Act No. 3815, as amended, otherwise known as the “Revised Penal Code”, under Republic
\ct No. 7610, otherwise known as the “ wv of Children Against Child Abuse,
Exploitation and Discrimination Act”, or under Republic Act No. 9262, otherwise known as the
“Anti-Violenee Against Women and their Children Act”: Provided, firther, ‘That if the act is not
penalized under the abovementioned laws, the p

nid in all other se

special or substrate parental authority,

ers and su

be aresto mayorin its maximum period.

Lf the penalty imposable for the act is only are menor or arresto mayor, the prosecutor may,
instead of filing the case, refer the accused to the local social welfare and development office
SWDO) for assessment and intervention: Pronidéed, That the offender has not been previously
charged under this Act. The interventions shall inchide seminars on children’s rights and positive
and non-violent discipline of children, counse! nt_and referrals to. other
rehabilitative services

1g, anger Managem

If the offender is the parent or a person exercising parental authority, the court may suspend
parental authority in accordance with Executive Order No. 209, ax amende:
the “Family Code of the Philippines”

otherwise known as

SEC, 5. Other Remedies, ~The remedies
Republic Aer No, 9262 shall he availabl

vailable to the victim under Republic Act No. 7610 and
» the child where ay

plicable,

SEC. 6. Who May File a Complaint. ~ Complaints on acts of corporal punishment or humiliating or
degrading treatment against children may be filed by the followin

(a) Offended party;

(b) Parents oF guardians;

(c) Ascendant or collateral relative within the third degree 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}

(8) Police officers, preferably those in charge of the Women and Children’s Desk;

(@) Barangay chairman or kagawad;

(b) ‘Leacher, nongovernmental organization (NGO) worker, health provider, day care worker; or

(i) Atleast ewo (2) concerned persons from the place where the act occurred who have personal
knowledge of the act.

SEC. 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 restraint greater than necessary to ensure the safety of the victim, shall not be
criminally, civilly or administratively liable.

SEC. 8. Venue. — The Regional Trial Court (RTC) designated as a Family Court shall have original
and exclusive jurisdiction over cases of corporal punishment or humiliating or degrading teatment
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. 9. Reporting, - All cases of corporal punishment or humiliating or degrading punishment of
children brought to the barangay or the police, or 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 preseribed period shall be a ground for administrative action against the barangay official
or police officer, or healthcare provider.

SEC. 10, Confidentiality, ~ All records pertaining to cases of corporal punishment and other
humiliating or degrading punishment of children, cluding 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, telephone
number, school or any identifying information of a victim or immediate family member of the
vietim, without his/her consent, shall be penalized with a fine of not more than ‘Two hundred
thousand pesos (P200,000.00).

SEC. 11. Assessment and Intervention, ~ The local SWDO, through its social workers, shall conduet 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 three (3) calendar days, without
prejudice co the conduct of a more comprehensive case study report. The 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 seminars on children’s rights and
positive and non-violent discipline of children, counseling, anger management and referrals to other
rehabilitative services for the perpetrator

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

SEC. 12. Roles and Responsibilities. ~

(@) The DSWD shall formulate a comprehensive program to promote the positive and non-
violent discipline of children and the prevention of the use of corporal punishment and
humiliating or degrading forms of punishment of 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 and positive and non-violent
discipline of children, child-friendly reporting mechanisms, child protection services and
support, and documentation, data management and monitoring systems.

‘The DSWD shall integrate positive and non-violent discipline of children in the taining of
officials and staff of child-caring institutions. It shall ensure that officials and staff of
institutions do not use corporal punishment and humiliating or degrading punishment on
any child under their custody. It shall also ensure that appropriate action is taken against
cexting officials and staff of the institutions,

(b) The Department of Education (DepED), the Commission on Higher Education (CHED)
and the Technical Education and Skills Development Authority (TESDA) shall integrate
positive and non-violent discipline of children in the training of school officials, teachers and



personnel. The three (3) agencies shall ensure that school officials, teachers and personnel do
not use corporal punishment and humiliating or degrading punishment on any pupil or
student. They shall also ensure that appropriate administrative action is taken against erring
school officials, teachers and personnel.

The CHED shall integrate positive and non-violent discipline of children in the education,
psychology and social work curricula, and in the curriculum of other disciplines related to
child work.

(©) All local SWDOs shall adopt and implement programs and services to promote the positive
discipline of children and the prevention of the use of corporal punishment and humiliating
or degrading forms of punishment of children. They shall also provide assistance to victims
of corporal punishment and humiliating or degrading punishment and their families.

(@) Local Councils for the Protection of Children (L.CPC) shall support programs that 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) shall disseminate all relevant information on
this Act among concerned 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 mechanisms within its
national and local structures to support the implementation of programs and services.

(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 co cases of corporal punishment, and promotion of
positive discipline in their respective localities

(g) The Sangguniang Kabataan (SK) shall include in its programs the prevention of corporal
punishment and humiliating or degrading punishment of childrer

SEC. 13. Implementing Rules and Regulations. ~The DSWD, in consultation with the DepED, the
CHED, the TESDA, the Department of the Interior and Local Government (DILG), the
Department of Health (DOH) and other relevant government agencies, leagues of local government
officials, NGOs and children’s organizations, shall promulgate the implementing rules and
regulations of this Act within six (6) months from its approval.

2. 14, 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. 15. 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 Internal Revenue Allotment and other internally generated
funds of the LGU concerned.

SEC. 16. 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. 17. Repealing 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.

SEC. 18. Liffectivity Clause. — This Act shall take effect fifteen (15) days after its publication in any
newspaper of general circulation.