Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2174

House Bill No.

Introduced by Rep. BERNADETTE “BH” HERRERADY

AN ACT PROMOTING POSITIVE AND NON-VIOLENT DISCIPLINE OF CHILDREN AND
APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

The United Nations Committee on the Rights of the Child defines “corporal” or
“physical” punishment as any punishment in which Physical force is used and intended to
sauce some degree of pain or discomfort, however light.' The UN Committee also considers
88 corporal punishment other non-physical but equally cruel degrading forms of punishment,
which includes “punishment which belittles, humiliates, denigrates, scapegoats, threatens,
‘scares or ridicules the child.”

Gorporal punishment is very common in the Philippines. The most abusive acts were
those inflicted by parents in the name of discipline, Studies and surveys show that parents in
the Philippines disciple and punish their children through the use of corporal or physical
punishment such as spanking with hand, pinching, hitting with an object, twisting the child's
car Pulling the hair, slapping the face or head, confinement in a sack, or shaking.? Filipino
Ghiltren also experience threats of physical punishment and humiliating treatrere such as
Peing shouted at in front of others, labeling and denigration, ° 85% of of lidren surveyed said
{hat they were punished in the home, and 82% said that they were hit in differere parts of the
body.‘

Corporal punishment is ineffective in disciplining children of all ages. Most often, it
Produces anger, resentment, and low-self-esteem among children. It alec teaches the child
that violence is an acceptable behavior and is a solution to Problems; thus, corporal

a

Punishment and Other Cruel or Degrading Forms of Punishment (Arts. 19:28, Para 2: and 37, inter alia),
2March 2007. CRC/C/GC/8., available at http://www plead. com/wp-content/uplood s/2014/08A-Primer-on-
{he-Proposed-Positive-and-Non-Violent-Disiplin-of-Children-Act.pdf (last accessed on Ieee 29, 2016)

§ PLCPO, supra, note 2, citing World Health Organization, World Report on Violenee and Health 63 (2002); Save
{he Children-Sweden, What Children Say: Results of the Comparative Research on the Physical and Emotional
Punishment of Children in Southeast Asia and Pacific 12-19 (2006)

sid

{2 iting Save the Children -Sweden (Unpublished; 2005), Research on corporal Punishment in Bagong
Silang, Caloocan City and Cebu City.

J iting Paintal, Sureshrani (2007), Banning Corporal Punishment of children: A Position Paper, available at
http://www.stophitting.com/pdf/sureshrani.pdf



The bill Seeks to strengthen the country’s laws, policies and programs in respecting
child's rights, human dignity, physical integrity and equal protection of law in compliance ata
bill specifically outlines all prohibited forms of physical and degrading or humiliating
punishment of children at home, in schools, in institutions, in alternative care systems and 12
al other settings. The proposed prohibited acts are: forcing the minor to kneel on stones. salt
er pebbles; squatting; public humiliation; deliberate neglect of child's physical neds; exposure
cobstances that can cause discomfort; and imposing tasks that the minor is incapeble of
doing such as forcing to skip sleep and verbal assaults.

'n view of the foregoing, the urgent approval of this bill is earnestly sought.

BERNADEYE “BH” HERKERA-DY

Az. iting Harper, Kate et.al (2005), Ending Physical and Humilating Punishment of Children, A Manual for
Action, Save the Children, pp. 8-11

7d. Citing Save the Children-Sweden (Unpublshed;2008), Research on corporal punishment in Bagong Silang,
(aloocan City and Cebu City, Philipines; NORFIL (2005), Documentation of a consultation with the herve
Youth movement and Children and Youth Organization on physical and emotional punishment of children,
NORFIL, Quezon City, p.12


Republic of the Philippines

Congress of the Philippines

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2174

AN ACT
PROMOTING POSITIVE AND NONVIOLENT DISCIPLINE, PROTECTING CHILDREN
FROM PHYSICAL, HUMILIATING OR DEGRADING ACTS AS A FORM OF
PUNISHMENT AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “Positive and Nonviolent
Discipline of Children Act’

SECTION 2. Declaration of Policy. ~ The State recognizes that the family, being
the foundation of the nation, is a basic social institution which public policy cherishes and
protects, and that parents are primarily responsible in the rearing and nurturing of their
children, To this end, the State shall, pursuant to its constitutional mandate, protect and
strengthen the family as a basic, autonomous social institution, and support the natural,
primary right and duty of parents in the rearing of youth for the development of their moral
character and civic efficiency. As such, the State shall respect the rights of parents to rear
their children in whatever manner they deem appropriate for as long as it does not violate
the rights of the children.

The State likewise recognizes the vital role of the child and the youth in nation building
and shall promote and protect their physical, moral, spiritual, intellectual, and social well
being. Pursuant thereto, a child has the right to be protected from all forms of physical or
mental violence, injury or abuse, neglect or negligent treatment, and maltreatment or
exploitation, as a form of discipline while in the care of parents, legal guardians or any other
person who has the care of the child. Such treatment or punishment violates the child's
rights, human dignity and physical integrity.

As such, the State shall:

(a) Recognize and uphold the right of the child as human being, individual, and
member of a family and community, to equal protection of the law;

(b) Promote positive and nonviolent discipline of children at home, in school, in
institutions, in alterative care systems, in workplaces and in all other settings by
encouraging behavior change in adults and establish the necessary structures and
mechanisms and mobilize resources to make this possible;


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(©) Defend the right of the child 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;

(d) Protect the best interests of the child through measures that will ensure the
observance of international standards of child protection, especially those expressed in
international conventions and treaties to which the Philippines is a party to, particularly the
United Nations Convention on the Rights of a Child (UNCRC);

(e) Respect the responsibilities, rights and duties of parents, guardians or other
persons legally responsible for the child, including those exercising special or substitute
parental authority as those provided for under Presidential Decree No. 603, otherwise known
as the “Child and Youth Welfare Code’, as amended; Executive Order No. 209, otherwise
known as the "Family Code of the Philippines", as amended; and Republic Act No. 7610, as
amended, otherwise known as the “Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act’; to provide, in a manner consistent with the evolving
capacities of the child, appropriate direction and guidance in the exercise of the child's
rights;

(f) Provide an enabling environment for parents to empower themselves and fuffill
their parental obligations to discipline their child through positive and nonviolent means;

(g) Ensure that school discipline is administered in a manner that respects the child’s
human dignity;

(h) Promote the principles of restorative justice in cases involving parents, guardians
or other adults caring for the child; and

(i) Protect the child from all forms of physical or mental violence, injury from abuse,
neglect or negligent treatment, maltreatment or exploitation, while in the custody of parents,
guardians, or any 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, other forms of
prevention, identification, reporting, referral, investigation, treatment and follow-up of
instances of child maltreatment, and, as appropriate, for legal or judicial action,

This law is not meant to interfere with the primary responsibility of parents or persons
legally responsible for the child in the home setting to rear and discipline their child as
enshrined in the Constitution. Neither is it the intention to give the state control over the
parenting or disciplinary method of a parent.

SECTION 3. Definition of Terms. — As used in this Act:

(a) Child refers to a person who is below eighteen (18) years of age, or over but is
unable to fully take care of one’s self or protect one’s self from abuse, neglect, cruelty,


exploitation or discrimination because of a physical or mental disability or condition as
defined under Republic Act No. 7610, as amended;

(b) Foster parents refer to persons duly licensed by the Department of Social Welfare
and Development (DSWD) to provide planned, temporary, or substitute parental care to a
child;

(©) Guardians refer to legal guardians, foster parents and other persons, including
relatives, with physical custody of a child;

(4) Institutions refer to residential and nonresidential 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;

(e) Parents refer to biological parents, stepparents, adoptive parents, or the common-
law spouse or partner of the parent;

(f) Persons legally responsible for the child, including those exercising special or
substitute parental authority refer to those provided for under Executive Order No. 209
otherwise known as the "Family Code of the Philippines’ as amended;

In case of death, absence or unsuitability of the parents, the following shall
exercise substitute parental authority in this order: (1) surviving grandparent; (2) the oldest
brother or sister, over twenty-one (21) years of age; and (3) the child's actual custodian, over
twenty one (21) years old. In case of foundiings, abandoned, neglected, or abused children,
parental authority are entrusted to heads of children's homes, orphanages and similar
institutions duly accredited by the proper government agency.

‘School administrators and teachers, or the individual, entity or institution engaged
in child care shall have parental authority and responsibility of the minor child while under
their supervision, instruction and custody.

(g) Physical, humiliating or degrading acts as a form of punishment refer to any form
of punishment or discipline in which physical force is used and intended to cause pain or
discomfort or any nonphysical act that causes a child to feel belittled, denigrated, threatened,
or ridiculed;

(h) Positive and nonviolent discipline — refers to a holistic, constructive and pro-active
approach to parenting or teaching that helps the child develop appropriate thinking and
behavior in the short and long terms by providing tools that build self-discipline and
emotional control, and to build a good relationship with the child by understanding the child's
needs and capabilities at various ages and the behavior that is usual for the child at each
stage of development. This is achieved by providing a warm and caring environment,
building the child's competence and confidence, assisting the child in understanding and
abiding by rules, fostering healthy relationships, and teaching the child life-long skills and


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respect for human rights. Positive and nonviolent discipline is based on the principles of
child's rights and development and effective teaching and parenting;

(i) Restorative justice refers to a principle which requires a process of resolving
conflicts with the involvement of the victim, the offender and the community. It focuses on
the harm that has been done to people and relationships which create obligations and
liabilities. The principle of restorative justice using positive and nonviolent discipline seeks to
rebuild and strengthen the relationship between the parents and the child through mediation
and agreement in the aftermath of a traumatic or violent experience in the family; and

() Service providers - refer to persons who, whether in public or private settings,
provide services to children. These include social workers, center administrators and
personnel, interns, parent-teacher association officers, house parents, health care 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.

SECTION 4. Promotion of Positive and Nonviolent Discipline. - The DSWD
shall, in consultation with the Council for the Welfare of Children (CWC), Department of the
Interior and Local Government (DILG), Department of Education (DepEd), Commission on
Higher Education (CHED), Technical Education and Skills Development Authority (TESDA),
Department of Health (DOH), Department of Justice (DOJ), and Department of Labor and
Employment (DOLE), formulate a comprehensive program that shall be implemented to
promote positive and nonviolent discipline including prevention and response intervention
programs. A continuing information dissemination campaign shall be conducted nationwide
by the DSWD for the parents, DILG for the local government officials and the DepEd for the
teachers on how to practice positive and nonviolent discipline.

All barangay personnel and service providers who will be involved in the management
of cases and the provision of interventions shall receive the necessary capacity-building
programs for the implementation of this Act.

SECTION 5. Protection of the Child from Physical, Humiliating and Degrading
Acts as a Form of Punishment. — No child shall be subjected to any form of physical,
humiliating or degrading acts as a form of punishment as defined in Section 3(g) in homes,
schools, institutions, alternative care systems, the juvenile welfare system, places of
religious worship, and in all other settings where there is direct contact with a child.

SECTION 6. Reporting Physical, Humiliating and Degrading Acts as a Form of
Punishment of a Child. - Reports of any physical, humiliating or degrading acts as a form
of punishment of a child may be filed by any person having personal knowledge of the act or
acts complained of.

All reports of the commission of physical, humiliating or degrading acts as a form of
punishment of a child shall be brought to the attention of the barangay or the police or both.


The police shall bring the report to the attention of the barangay and, if needed, a health
care provider: Provided, That for acts committed in school settings, the reporting mechanism
to be followed shall be in accordance with the guidelines to be drafted under Section 10 (r) of
this Act.

SECTION 7. Interventions. — Upon receipt of a report, the Punong Barangay shall
determine if the act committed falls under the definition of physical, humiliating or degrading
acts as a form of punishment of a child under Section 3(g) of this Act

If there is such determination, the Punong Barangay shall inform the offender that
there is a finding of commission of physical, humiliating or degrading acts as a form of
punishment. The Punong Barangay shall ensure that the offender is familiar with, and
understands, positive and nonviolent discipline, provide reading materials to the latter, and
may:

(a) Refer both the offender and the offended party to mediation and conciliation; and

(b) In extreme cases where the safety of the child is at stake, recommend temporary
protection orders, taking into consideration the best interest of the child

The Local Social Welfare Development Officer (LSWDO) shall be informed that a case
of physical, humiliating or degrading acts as a form of punishment of a child has been
reported to the barangay. The LSWDO shall conduct an assessment pursuant to Section 10
(€) of this Act. The process of coordination between the barangay, Local Council for the
Protection of Children (LCPC), and the LSWDO shall be defined in the implementing rules
and regulations of this Act.

In cases of repeat offenders, the Punong Barangay shall require the offender to: (1)
undertake seminars on positive and nonviolent discipline, anger management, and child's
rights; (2) undergo counseling or therapy; and/or (3) avail of other rehabilitative services as
may be applicable. The child shall also be provided counseling and, if necessary, be
accorded other proper interventions.

In school settings, interventions shall be in accordance with the guidelines to be
drafted under Section 10 (t) of this Act.

Nothing in this Act shall prevent the filing of appropriate criminal cases if the offense is
punishable under the “Revised Penal Code", as amended, and other special laws.

SECTION 8. —_Intervening Persons. — In every case of physical, humiliating or
degrading acts as a form of 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.

However, persons causing a child to lie or fabricate about incidents of physical,
humiliating and degrading acts shall be liable under existing civil and criminal laws.


SECTION 9. Confidentiality. — All records pertaining to cases of physical,
humiliating or degrading acts as a form of punishment of a child, including those in the
barangay, the police, school, or public or private health care facility shall be kept confidential
and the right to privacy of the victim shall be respected, except upon order of the court for
the benefit of the child or to prosecute the offender.

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 consent, shall be penalized under existing laws.

The victim, or an immediate family member of the victim, may file an action for
damages against 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 prior consent.

SECTION 10. Duties and Responsibilities of Government Agencies. — To achieve
the policy and objectives of this Act, the duties and responsibilities of the implementing
agencies are as follows:

(a) The DSWD, in coordination with the DepEd, other relevant government agencies,
the private sector, including academic institutions, nongovernment organizations (NGOs),
and General Parents Teachers Associations (GPTA) shall formulate a comprehensive
program to promote the positive and nonviolent discipline of children and the prevention of
the use of physical, humiliating or degrading acts as a form of punishment of children. The
program shall include capacity building of service providers, content development of reading
materials and other promotional items, parenting education on positive and nonviolent
discipline of children, child-friendly reporting mechanisms, child protection and support
services, and documentation, data management and monitoring systems.

(b) The DSWD shall integrate positive and nonviolent 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 physical, humiliating or degrading acts as a form of punishment of
children under their custody. It shall also ensure that appropriate action is taken against
erring officials and staff of the institutions.

(©) The DSWD shall integrate positive and nonviolent discipline in the capacity-
building activities for the Local Social Welfare Development Office (LSWDO) to enable them
to provide counseling and appropriate intervention programs for both offended child and
offender.

(d) All LSWDOs shall adopt and implement programs and services to promote the
positive and nonviolent discipline of a child and the prevention of the use of physical,
humiliating or degrading acts as a form of punishment of a child. They shall also provide
assistance to victims of physical, humiliating or degrading acts as a form of punishment and


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their families. It shall, together with the DSWD and the local government units (LGUs),
ensure the delivery of intervention programs such as seminars and counseling for offenders.

(e) The LSWDO shall immediately conduct an assessment of every reported instance
of physical, humiliating or degrading acts as a form of punishment of a child, and determine
the appropriate interventions, considering the best interest of the children at all times. The
assessment shall be completed within three (3) calendar days from the report of the incident,
without prejudice to the conduct of a more comprehensive case study report. The
interventions may include psychosocial interventions for the children and their families,
protective custody by the social worker, temporary placement, medical, counseling and legal
services for a child, and for the offenders, counseling and seminar on children’s rights,
Positive and nonviolent discipline of children, anger management, mental, psychological or
psychiatric services, and referrals to other rehabilitative services. The assessment shall be
conducted and interventions shall be provided by the LSWDO whether or not a criminal case
is filed

() The Council for the Welfare of Children (CWC) shall disseminate all relevant
information of this Act among concerned government agencies and entities. It shall monitor
the enforcement 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. It shall, together with the
Philippine Information Agency, devise and implement an information campaign or program
for popularizing the use of positive and nonviolent discipline of children nationwide.

(g) The DepEd shall integrate positive and nonviolent discipline of children in the
training of school officials, teachers and personnel. It shall ensure that school officials,
teachers and personnel do not use physical, humiliating or degrading acts as a form of
punishment on any pupil or student.

The DepEd shall also integrate discussions on positive and nonviolent discipline in
the relevant subjects in the curriculum of students. The rights of the child shall also be
discussed along with their responsibilities in the home, community, and school. It shall
likewise strengthen its Values Education in the K-12 curriculum to instill obedience, courtesy
and open communication to help foster parent-child relationships.

(h) The Early Childhood Care and Development Council (ECCDC) shall develop an
appropriate approach on positive and nonviolent disciplining of children 0-4 years old in child
development centers. It shall integrate positive and nonviolent discipline of children in the
training of child development workers and personnel of the child development centers.

() The DILG shall mandate the LGUs to strengthen and support local structures
involved in the protection of a child. It shall, together with the DSWD and the LSWDO,
encourage parents and individuals who are not married but exercise parental authority to


participate in trainings, seminars or counselling on positive and nonviolent discipline, and
child's rights, and ensure the delivery of intervention programs for offenders. In accordance
with Section 7 of this Act, the DILG shall cause the printing and distribution to barangays of
reading materials on positive and nonviolent discipline.

() The CHED and the TESDA shall integrate positive and nonviolent discipline of
children in the curricula of education, psychology, social work, and other disciplines. They
shall also ensure that appropriate training on positive and nonviolent discipline is provided
for school officials, teachers and other non-teaching personnel,

(6) The LGUs shall mobilize, strengthen and support local structures, such as the
Local Councils for the Protection of Children (LCPC), local special bodies, Lupong
Tagapamayapa, and children's welfare and protection organizations in facilitating the
reporting and prevention of, and response to instances of physical, humiliating or degrading
acts as a form of punishment and promotion of positive and nonviolent discipline in their
respective localities. It shall, together with the DSWD and the LSWDO, ensure the delivery
of intervention programs such as seminars and counseling for offenders.

() The LCPC shall support programs that promote the positive and nonviolent
discipline of children, prevent the use of physical, humiliating or degrading acts as a form of
punishment of children, and coordinate with the LSWDO in responding to such cases.

(m) The Department of Labor and Employment (DOLE) shall make the attendance of
‘employers to positive and nonviolent discipline trainings as a prerequisite to the issuance of
employment permits for children

(n) The DOH shall integrate early child development interventions in the various
health and nutrition programs and services with emphasis on family-child interaction during
well-and-sick child visits. It shall also provide technical assistance to LGUs, through the
DOH Regional Offices, to enhance the capabilities of local health offices in the
implementation of early child development interventions, including the promotion of age-
's behavior and

appropriate parent-child interactions to foster understanding of the chil
needs.

(0) The PNP shall promote positive and nonviolent ways of treating and handling
children in conflict with the law. It shall ensure that officials and staff do not use physical,
humiliating or degrading acts as a form of punishment to a child under their custody. It shall
integrate into their training curriculum the training of all police officers on child-friendly and
child-sensitive procedures in handling children, and coordinate closely with government and
private organizations for effective investigation of cases.

(p) The Sangguniang Kabataan (SK) shall include in its program s the prevention of
physical, humiliating or degrading acts as a form of punishment of children.


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(q) The DSWD shall seek assistance from other relevant government agencies such
as the DOJ, Commission on Human Rights (CHR), Philippine Information Agency (PIA), and
the National Commission on Indigenous Peoples (NCIP) to perform specific duties for the
implementation of this Act.

() School administrators and teachers exercise special parental authority over their
students while under their supervision, instruction and custody. As such, guidelines to be
produced by DepEd shall recognize their authority in the schools and in school-sanctioned
events, and the need to conduct their classes in an organized manner that is conducive to
leaming. Thus, teachers have the authority to ensure that their students behave, respond
and treat their teachers and classmates in a respectful manner. They have the right to call
out disorderly or disrespectful behavior and deal with the same consistent with the law and
the guidelines to be implemented.

The DepEd and ECCDC shall, within six (6) months from the effectivity of this Act, in
consultation with students’ organizations, GPTA, and teachers’ unions, draft Guidelines on
the implementation of positive and nonviolent discipline in school settings consistent with this
Act and its Implementation Rules and Regulations (IRR).

Positive and nonviolent discipline actions imposed in accordance with the said
Guidelines shall not be considered as physical, humiliating or degrading acts under Section
3g) of this Act.

(s) The Department of Budget and Management (DBM) shall ensure sufficient
number of guidance counselors who will serve as support personnel in implementing positive
and nonviolent discipline of students. For purposes of this Act, the DBM shall, in accordance
with Republic Act No. 11036, otherwise known as the “Mental Health Act’, endeavor to meet
the recommended ratio of one (1) guidance counselor for every two hundred (200) students
in public elementary and high schools.

SECTION 11. Appropriations. — The amount necessary for the initial implementation
of this Act shall be charged against the current appropriations of the concemed agencies.
Thereafter, the amount needed for the continued implementation of this Act shall be included
in the annual General Appropriations Act. For LGUs, the implementation of the programs
may be charged against the internal revenue allotment and other internally generated funds
of the LGU concerned

SECTION 12. Periodic Review. - The DSWD with the DepEd, the TESDA, the CHED,
the DILG, the DOJ, the DOH, and other relevant government agencies, LGUs, and civil
society organizations (CSOs) shall, after three (3) years upon effectivity of this Act, and
every five (5) years thereafter, conduct a periodic review and evaluate the implementation of
this Act and submit its report and recommendations to the Senate Committee on Women,


Children, Family Relations and Gender Equality and the House of Representatives’
Committee on the Welfare of Children.

SECTION 13. Implementing Rules and Regulations. ~ The DSWD Secretary, in
coordination with the Executive Director of the CWC and in consultation with the DepEd,
CHED, TESDA, DILG, DOH, other relevant government agencies, LGUs, NGOs, teacher's
union and at least two (2) child focused organizations, shall promulgate the implementing
rules and regulations (IRR) of this Act within six (6) months from its approval. They shall
likewise ensure that techniques in, and examples of, practicing positive and nonviolent
discipline shall be extensively enumerated, described and explained in the IRR.

SECTION 14, Suppletory Application. — For purposes of this Act, the Revised Penal
Code, as amended; the Child and Youth Welfare Code, as amended; Republic Act No. 7610,
as amended, and other applicable laws shall have suppletory application.

SECTION 15. 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 16. 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.

SECTION 17. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation.

Approved