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x L 1 
FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
1 
9 /\PA 20 P 2  :I8 
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BY 
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SENATE 
... 
S. B. N o . 3  1 r: 7 
INTRODUCED BY Henamble Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
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 
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. 
In a 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 physical 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 low self-worth, 
depression, displaced anger and aggression. 
According to the World Report on Violence and Heatth (2002) 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." 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 
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. 
Children have expressed that they do not want to be hurt by their parents and 
teachers, and wished that there are other non-violent ways of disciplining them. In the 
Philippines, researches and interviews with children show that children believe that 
discipline is important and that they need guidance from adults. However, children say 
that they will learn better if their parents and teachers talk to them in a calm and 
understanding way, explain to them what they have done wrong or how they should do 
things the right way, and make them feel that they are still loved and accepted. 
I 


Parents admlt that they feel guilty and sorry about punlshlng thelr chlldren but they are 
not aware of any other way of disciplining children except for what they have learned 
from their own parents and grandparents. 
Parents have expressed the need for 
alternative positive and non-violent methods for disciplining children. 
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 requirement 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 treatment or punishment." As a State Party to the Convention on the Rights 
of the Child 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." The Committee 
has made it clear that this requires the prohibition of all forms of corporal punishment, 
including punishment inflicted by parents in the home. 
In the Report of Paula Sergio Pinheiro, the independent expert for the United 
Nations Global Study on Violence against Children, he recommended that States 
prohibit all forms of violence against children, in all settings, including corporal 
punishment, by 2009. To date, 24 States have enacted legislation prohibiting corporal 
punishment and 22 other States have made a public commitment to prohibition. 
The World Report on Violence against Children, recommended the prohibition of 
corporal punishment in the home as well as in other settings and the promotion of 
positive, non-violent relationships with children. 
The report also called for the 
prohibition of corporal punishment and other humiliating and degrading treatment in 
schools. 
The U.N. Committee on the Rights of the Child, in reviewing the Philippine country 
report in 2005, recommended: 
42. In the light of its general comment No. 1 (2001) on the aims of 
education and the recommendations adopted by the Committee on its day 
of general discussion on violence against children within the family and in 
schools (see CRC/C/111), 
the Committee reiterates that corporal 
punishment is not compatible with the provisions of the Convention and it 
is inconsistent with the requirement of respect for the child's dignity, as 
specifically required by article 28, paragraph 2, of the Convention. 
Therefore, the Committee recommends that the State party prohibit by 
law all forms of corporal punishment in the home, in schools and in 
private and public institutions, in the juvenile justice system and the 
alternative care system. 
43. The Committee recommends to the State party that it conduct 
a comprehensive study to assess the nature and extent of corporal 
punishment in different settings, including the home environment. 
Furthermore, the Committee recommends that the State patty sensitize 
and educate parents, guardians and professionals working with and for 
2 


children by carrying out public education campaigns about the harmful 
impact of violent forms of "discipline" and promote positive, non-violent 
forms of discipline as an alternative to corporal punishment. 
Considering the above-stated compelling reasons, there is an urgent need to 
prohibit corporal punishment and all other forms of humiliating or degrading 
punishment of children in the home, in schools, in institutions, in alternative care 
systems and in all other settings. Thus, immediate passage of this bill is earnestly 
requested. 
c_3 Senator 
/ 
3 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
1 
9 
APR 20 P2:18 
/ 
S. B. No. 
3167 
INTRODUCED BY Honorable Senator SINGGOY EJERCITO ESTRADA 
AN ACT PROHIBITING ALL CORPORAL PUNISHMENT AND ALL QTHER 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 77tle. - This Act shall be known as the "Anti-Corporal Punishment 
Act of 2009." 
SECTION 2. Declamtion 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 shall inculcate in the youth patriotism and 
nationalism, and encourage their involvement in public and civic affairs. The State shall 
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. The State shall protect the best interests of 
the child through measures that will ensure the observance of international standards of 
child protection, especially those to which the Philippines is a party. 
No child shall be subjected to torture or other cruel, inhuman or degrading treatment 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 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 the child of his/her rights. 
The State shall take all appropriate measures to ensure that school discipline is 
administered in a manner consistent with the child's human dignity. 
In this regard, the State shall promote the positive and non-violent discipline of children 
in the home, in the school, in institutions, in alternative care systems, in employment 
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and in all other settings. It shall establish the necessary structures and mechanisms 
and mobilize resources to 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 treatment, 
maltreatment or exploitation, including sexual abuse, while in the custody of parents, 
guardians or any other person who has the care of the child. 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, treatment 
and follow-up of instances of child maltreatment, and, as appropriate, for legal or 
judicial action. 
SECnON 3. Definition of Jerms. - 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 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; 
(b)"Corporal punishment" refers to punishment or penalty for an offense or 
imagined offense, and/or acts carried out for the purpose of discipline, training 
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; 
2. Pinching; pulling ears or hair; shaking; twisting 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, 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 contorted position; 
4. Deliberate neglect of a child's physical needs, where this is intended as 
punishment; 
5. Use of external substances, such as burning or freezing materials, water, 
smoke, pepper, alcohol, excrement or urine; 
6. Use of hazardous tasks as 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 hot sun or rain; using bleach or insecticides; 
unprotected cleaning of toilets; 
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, ridiculing or denigrating; 
5 


12. Child made to look or feel foolish in front of one‘s peers or the public; and 
13. Other acts or words which belittle, humiliate, scapegoat, blame, ignore, or 
isolate the child. 
(c) “Foster parents” refers to persons duly licensed by the Department of Social 
Welfare and Development to provide planned, temporary, substitute parental 
care to children. 
(d)“Guardians“ refers to legal guardians and other persons, including relatives, with 
physical custody of the child. 
(e) “Parents” refers to biological parents, step parents, adoptive parents and the 
(f) “Persons legally responsible for the child, including those exercising special or 
substitute parental authority” refers 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). 
(g)”Positive discipline“ refers to an approach to parenting that teaches children and 
guides their behaviour, while respecting their rights to healthy development, 
protection from violence and participation in their learning; 
common-law spouse or partner of the parent. 
(h)”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, and jail 
officers. 
(i) “Teachers and school officials and administrators” refers to persons exercising 
authority 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. 
(j) ” Vayas, housemaids and caregivers” refers to domestic workers with direct 
contact to the child. 
(k) “Institutions“ refers to residential and non-residential child-caring agencies, 
including youth homes, youth rehabilitation centers, drop-in centers, temporary 
shelters and orphanages; and churches or religious centers, including places of 
worship and parish centers. 
SECTION 4. Prohibigon. - All corporal punishment and all 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, pyas, 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 authority, teachers, instructors and 
school officials and administrators of both public and private academic and vocational 
institutions, employers and supervisors, service providers, priests, nuns, pastors and 
other members of religious congregations or churches, or any other person who has the 
6 


care of the child who inflicts corporal punishment or humiliating or degrading 
punishment on the child shall be liable in accordance with existing penal laws, provided 
that the penalty 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 “Anti-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. 
If the 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 for assessment and intervention; provided, that the offender 
has not been previously charged 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 parental 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. Who 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; 
@)Parents or guardians; 
(c) Ascendant or collateral relative within the third degree of consanguinity or 
(d)Officer, social worker or representative of a licensed child-caring institution; 
@)Officer or social worker of the Department of Social Welfare and Development or 
(0 Police officers, preferably those in charge of the Women and Children‘s Desk 
(g)Barangay chairman or kagawad; 
(h)Teacher, NGO worker, health provider, day care worker; or 
07 At least two (2) concerned persons from the place where the act occurred who 
affinity; 
the local social welfare and development office; 
have personal knowledge of the act. 
SECTION 7. Penom Intewening Exempt from LiabiJQ. - 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. 
SECTION 8. Venue. - The Regional Trial Court designated as a Family Court shall have 
original and exclusive jurisdiction over cases of corporal punishment or humiliating or 
degrading treatment of children. In the absence of such court in the place where the 
offense was committed, the case shall be filed in the Regional Trial Court in the place 
where the crime or any of its elements were committed at the option of the 
complainant, 
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SECTION 3. R@port/ng. 
'- 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 social welfare and development office 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. 
SECTION 10. CunfidentMity. - All records pertaining to cases of corporal punishment 
and other humiliating 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 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 victim, without their consent, shall be penalized with a fine of not 
more than Two Hundred Thousand Pesos (P200,OOO.OO). 
SECTION 11. A s s e s s m e n ~ a n d l ~ o n .  
- 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 three (3) calendar days, without 
prejudice to 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 social welfare and development office whether or not a criminal case is filed. 
SECTION 12. Roles and Reswnsibifiges. - 
a. The Department of Social Welfare and Development (DSWD) shall formufate 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, non-governmental organizations and parent-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 Department Social Welfare and Development 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 and humiliating or degrading punishment on any child 
under their custody. It shall also ensure that appropriate action is taken against 
erring officials and staff of institutions. 
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b. The Department of Educatlon (DepEd) and the Commission on Higher Education 
(CHED) shall integrate positive and non-violent discipline of children in the 
training of school officials, teachers and personnel. The two 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 criminal and 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. 
c. All local social welfare and development offices (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, and families of victims, of corporal punishment and humiliating or 
degrading punishment. 
d. Local Councils for the Protection of Children (LCPCs) 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. 
e. The Council for the Welfare of Children (CWC) under the DSWD shall 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 mechanisms within its national and local structures to 
support the implementation of programs and services. 
f. Local government units 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 associations in facilitating the reporting of, 
prevention of and response to cases of corporal punishment, and promotion of 
positive discipline in their respective localities. 
g. The Sangguniang Kabataan (SK) shall include the prevention of corporal 
punishment and humiliating or degrading punishment of children in its programs. 
SECTION 13. Implementing Rules and Regulations. - The Department of Social Welfare 
and Development, in consultation with the Department of Education, the Commission 
on Higher Education, the Department of Interior and Local Government, the 
Department of Health and other relevant government agencies, leagues of local 
government officials, non-governmental organizations, and children's organizations, 
shall promulgate the Implementing Rules and Regulations of this Act within six (6) 
months from its approval. 
SECTION 14. Supp/etow Appkation. - For purposes of this Act, the Revised Penal 
Code, as amended, Child and Youth Welfare Code, as amended, and other applicable 
laws shall have suppletory application. 
SECTION 15. Approp&tion. - The amount of One Hundred Fifty Million Pesos 
(P150,000,000.00) 
is hereby appropriated for the initial implementation of this Act. 
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Thereafter, the Department of Social Welfare and Development, the Department of 
Education and the Commission on Higher Education shall include the amounts 
necessary for the implementation of this Act in their annual budgets. 
SECTION 16. Siparabik?y C/ause. - If any section or provision of this Act is held 
unconstitutional or invalid, the other sections or provisions shall not be affected. 
SECTION 17. Reppaling C/aus. - 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. 
SECTION 18. Effeecfi~. - This Act shall take effect fifteen (15) days from the date of 
its complete publication in at least two (2) newspapers of general circulation. 
APPROVED: 
10