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

FIFTEENTH CONGRESS
First Regular Session
HOUSE BILL NO. 166

Introduced by ATTY. MAGTANGGOL T. GUNIGUNDO 1

EXPLANATORY NOTE

‘This re-filed bill is originally HB 6436 that we filed in the 14" Congress which penalizes any
person for preventing a child to learn and use the language of his family, thereby amending the
pertinent provisions of the Child Abuse Law (RA 7160).

‘This has been previously referred to the Committee on Justice but was not taken up for
deliberations.

‘This measure is consistent with the principle of First Call for Children as enunciated in
Article 28 of the United Nations Convention on the Rights of a Child that “the States Parties
recognize the right of the child to education and with a view to achieving this right
progressively and on the basis of equal opportunity”. Anent thereto, Article 30 emphasizes that
“in those States in which ethnic, religious or linguistic minorities or persons of indigenous
origin exist, a child belonging to such 2 minority or who is indigenous shall not be denied
the right, in community with other members of his or her group, to enjoy his or her own
culture, to profess and practice his or her own religion, or to use his or her own language”.

‘The 1987 Constitution, Section 5 of Article III (Bill of Rights) states that “no law shall be
passed abridging the freedom of speech”. Corollary to this, Section 1 of Article XIV provides
that “the State shall protect and promote the right of all citizens to quality education at all
Jevels and shall take appropriate steps to make such education accessible to ail”.

Section 2 of Republic Act 7610 (Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act) declares that it is “the policy of the State to provide
special protection to children from all forms of abuse, neglect cruelty, exploitation
and disccimination, and other conditions prejudicial to their development”.

Children, no matter how young, have rights to use the language of their family anywhere,
anytime. Their right to speak cannot be abridged by “English only” zones that penalizes them for
speaking in their own language.

Immediate approval of this bill is earnestly sought.

ATTY. MAGTANGGOL ‘ Peo 1


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. — 166

Introduced by ATTY. MAGTANGGOL T. GUNIGUNDO I

AN ACT
AMENDING REPUBLIC ACT 7610, OTHERWISE KNOWN AS THE
“SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT”
BY PENALIZING ANY ACT THAT PREVENTS THE CHILD TO LEARN
AND USE THE LANGUAGE OF HIS FAMILY IN HIS BASIC
EDUCATION, AND FOR OTHER PURPOSES

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

Section 1, Declaration of Policy. ~ \t is hereby declared to be the policy of the State to
provide special protection to children from all forms of abuse, including the prevention to use the
language of their family in their learning process in their formative years, neglect, cruelty,
exploitation and discrimination, and other conditions prejudicial to their development. It shall
provide sanctions for their commission and carry out a program for prevention and deterrence of
and crisis intervention in situations of child abuse.

Iis the declared policy of the State to provide quality education for all its citizens

Pursuant to Sections 6 and 7, Article XIV, the national language of the Philippines is
Filipino. As it evolves, it shall further be developed and enriched on the basis of existing Philippine
and other languages.

Subject to provisions of law and as Congress may deem appropriate, the Government shall
take steps to initiate and sustain the use of Filipino as a medium of official communication and as
language of instruction in the educational system.

For purposes of communication and instruction, the official languages of the Philippines are
Filipino and, until otherwise provided by law, English.

‘The regional languages are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.

Section 2, paragraphs 1 and 4 of Article XIV likewise provide that “the State shall establish,
maintain and support a complete, adequate, and integrated system of education relevant to the needs
of the people and society” and “encourage non-formal, informal, and indigenous learning systems,
as well as self-learning, independent, and out-of-school study programs particularly those that
respond to community needs.”

Article Il, sections 17 and 22 of the 1987 Constitution also provide that “the State shall give
priority to education soc fo fasler patriotism and nationalism, accelerate social progress, and promote total human
beration amd development” and “the State reeagnizes and promotes the rights of indigenous cultural communities
swithin the framework: of national unity and development.”

Consistent with the principle of First Call for Children as enunciated in Article 28 of the United Nations
Convention on the Rights of a Child that “the States Parties recognize the right of the child to


education and with a view to achieving this right progressively and on the basis of equal
opportunity”. Anent thereto, Article 30 emphasizes that “in those States in which ethnic, religious
of linguistic minorities or persons of indigenous origin exist, a child belonging to such a
minority or who is indigenous shall not be denied the right, in community with other
members of his or her group, to enjoy his or her own culture, to profess and practice his or
her own religion, or to use his or her own language”.

Language plays a strategic role in shaping the formative years of learners who participate in
social and public life and to engage in dialogue, to a great extent of skills. To be effective and
adapted to the culture and need of leamers, education and literacy programs must be delivered in
languages understood by those learners.

It has been proven conclusively that mother tongue instructional method is the most
effective tool for learning as it affirms the value of the child and his cultural heritage enabling the
child to develop critical thinking skills and cognitive development necessary to excel in all academic
subjects including the acquisition of Filipino and English as second languages.

Section 3. Par. (), Section 3 of Republic Act 7610, as amended, is hereby further amended
by adding additional sub-paragraph (5) thereto, to read as follows:

“Sec. 3. Definition of Terms: -

(®)Child_Abuse- refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:

Boog

©). Discriminating, devaluing, disciplining, fining or imposing other
sanctions against the child's right to learn and use the language of his/her
family in school.”

Section 4. Section 31 (Common Penal Provisions) of Republic Act 7610, is hereby further
amended by adding additional sub-paragraph (g) thereto, to read as follows:

“Sec. 31. Common Penal Provisions: -
200

(@) Penalties for Prevention to Use the Native Tongue. — Any person who shail
violate any provision of this Act shall suffer the penalty of fine of not less than Pizp50,000
but not more than Pkp100,000 or imprisonment of not less than six (6) months but not more
than two (2) years or both at the discretion of the court. Private school owner, director,
Principal, supervisor and teacher shall be jointly lable, to pay fine and shall serve
imprisonment individually. The teacher, professor, or supervisor of the child ia any
government or public institution, shall also be administratively suspended for three (3)
months without pay.”

Section 5. Separability Clause. — The provisions of this Act are hereby deemed separable
If any provision thereof is declared invalid or unconstitutional, such invalidity or unconstitutionslity
shall not affect the other provisions which shall remain in effect.

Section 6. Repealing Clause. — All laws, decrees, executive orders, rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed.

; Section 7. Effectivity. — This Act shall take effect thirty (30) days following its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,