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

FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No,_ 1082

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
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 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 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.

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 have
expressed that they do not want to be hurt by their parents and teachers, and preferred that non-
violent methods be used to discipline them. They say that learning will be better if they are
talked to and treated in a calm and understanding way, explained to them what wrong they may
have done, or the right way to do things, and make them feel that they are still loved and
accepted despite having committed a wrongdoing. Parents 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 leamed
from 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 has the obligation to prohibit all forms of
physical and mental 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
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.” It has been made
it clear that this requires the prohibition of all forms of corporal punishment, including
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 institutions, in alternative care
systems and in all other settings is immediate and compelling. For this reason, immediate
passage of this bill is earnestly requested.

|ADETTE HE! RA-DY


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

FIFTEENTH CONGRESS
First Regular Session

House Bill No.__ 1082

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 I. Short Title. - This Act shall be known as the “Anti-Corporal Punishment Act of
2010."

SECTION 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. 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 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.

SECTION 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 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
ina 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;

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.

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

(0. “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:

(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.

é

“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.

Gj) “Yayas, 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. Prohibition. — 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, 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
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 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;

(b) Parents or guardians;

(©) 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 Department of Social Welfare and Development or the

local social welfare and development office:
@ Police officers, preferably those in charge of the Women and Children’s Desk
(@) Barangay chairman or kagawad:



(h) Teacher, NGO worker, health provider, day care worker; or
(i) 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 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.

SECTION 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 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 healtheare provider.

SECTION 10. Confidentiality. — 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 (P200,000.00).

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 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 Responsibilities. —

a.

The Department of Social Welfare and Development (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, 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.

. The Department of Education (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.

. 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.

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.

- 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. Jmplementing 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. 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
suppletory application.

SECTION 15. Appropriation. — The amount of One Hundred Fifty Million Pesos
(P150,000,000.00) is hereby appropriated for the initial implementation of this Act. 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. Separability Clause. — If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 17. Repealing Clause. ~ All laws, presidential decrees, executive orders and rules and
regulations, o parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 18. Effectivity. - 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