fi::;~~~1'!; ;.~' 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
{~(f./f& of Hlf,,.;i, n\!~jr\L 
OF THE PHILIPPINES 
) 
Second Regnlar Session 
) 
'11 
NOV 24 P 1 :49 
SENAa1J73 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Family Code, Article 233, para. 2 states: "In no case shall the school administrator, 
teacher or individual engaged in child care and exercising special parental authority, inflict 
corporal punishment upon the child." 
However, despite the prohibition, according to recent news repmis, corporal punishment 
supposedly still persists in schools. 
Corporal punishment of children breaches their rights to respect for human dignity and 
physical integrity and to equal protection under the law. l 
Thus, this bill seeks to end the use of corporal punishment in all public and private 
schools with students that receive government services. The bill also assists in creating a safer 
learning environment for every child ensuring that our schools are places that foster students' 
growth and dignity2 
This bill is consistent with, and reflects the Philippine government's commitment to the 
UN Convention on the Rights of the Child. 
L~~)~~ 
MIRIAM DEF NSOR SANTIAOO 
(1M' 
'http://lib.ohchr.org/HRBodies/UPRIDocuments/SessionIlPH/GlEACP PHL UPR Sl 2008 Gl 
obalinitiativetoEndAllCorporalPunishmentofChildren uprsubmission.pdf 
2http://www.arktimes.com/ArkansasB loglarchives/20 1 0106/29 IbiU-to-end -schoo I-corp al-
punishment 


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2 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.No. 
3073 
'11 
NOV 24 P 1 :49 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO END THE USE OF CORPORAL PUNISHMENT IN SCHOOLS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act may be cited as "Ending Corporal Punishment in 
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Schools Act of2011". 
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SECTION 2. Purposes. - The purposes ofthis Act are to: 
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(A) 
eliminate .the use of corporal punishment in schools; 
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(B) 
ensure the safety of all students and school personnel in schools and promote a 
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positive school culture and climate; 
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(C) 
assist public and private schools in identifying and implementing effective 
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evidence-based models to prevent and reduce: 
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(1) 
(2) 
(3) 
corporal punishment in schools; 
aversive behavior interventions that compromise health and safety; and 
physical, emotional, or psychological abuse. 
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SECTION 3. Definitions. - For purposes of this Act, the term-
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(A) 
"corporal punishment" means paddling, spanking, or other forms of physical 
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punishment, however light, imposed upon a student. 
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(B) 
"positive behavior supports" means a systematic approach to embed evidence-
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based practices and data driven decision-making to improve school climate and culture, 
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including a range of systemic and individualized strategies to reinforce desired behaviors and 
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diminish reoccurrence of problem behaviors, in order to achieve improved academic and social 


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outcomes and increase learning for all students, including those with the most complex and 
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intensive behavioral needs. 
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(C) 
(1) 
(D) 
"school" means an entity that: 
is a public or private -
(I) 
(II) 
day or residential elementary school or secondary school; or 
early childhood, elementary school, or secondary school program that is 
under the jurisdiction of a school or other educational institution or 
program; and 
(III) 
receives, or serves students who receive, support in any form from any 
program supported, in whole or in part, with funds appropriated to the 
Department of Education. 
"specialized instructional support personnel" means school counselors, school 
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social workers, school nurses, school psychologists, and other qualified professional personnel 
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involved in providing assessment, diagnosis, counseling, educational, health, therapeutic, and 
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other necessary corrective or supportive services. 
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(E) 
"student" includes any person who is in attendance at a school or institution. 
SECTION 4. Prohibition Against Corporal Punishment. -
(A) 
General Prohibition. - No funds shall be made available under any applicable 
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government program to any school or institution that has a policy or practice which allows 
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school personnel to inflict corporal punishment upon a student: 
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(1) 
(2) 
(B) 
as a form of punishment; or 
for the purpose of modifying undesirable behavior. 
Rule of Construction. - Nothing in this Act shall be construed to preclude school 
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personnel from using, within the scope of employment, reasonable restraint to the lightest 
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possible degree upon a student, if: 
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(I) 
the student's behavior poses an imminent danger of physical injury to the student, 
school personnel, or others; 
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(2) 
(3) 
less restrictive interventions would be ineffective III stopping such imminent 
danger of physical injury; and 
the reasonable restraint ends immediately upon the cessation of the conditions 
described in paragraphs (1) and (2). 
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SECTION 5. Grant Authority. -
(A) 
In General. - From the amount appropriated under this Act, the Secretary of the 
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Department of Education (here called the "Secretary") may award grants to schools to assist in 
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improving school climate and culture by implementing school-wide positive behavior support 
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approaches. 
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(B) 
Duration of Grant. - A grant under this Act shall be awarded to a school for a 
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three-year period. 
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(C) 
Application. - Each school desiring a grant under this Act shall submit an 
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application to the Secretary at such time, in such manner, and accompanied by such information 
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as the Secretary may require, including information on how the school-
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(1) 
(2) 
will develop training programs on school wide-positive behavior support 
approaches, such as training programs developed with the assistance of the 
Secretary; and 
will target resources to schools in need of assistance related to improving school 
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culture and climate through positive behavior supports. 
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(D) 
Required Activities. - A school receiving a grant, under this Act shall use such 
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grant to carry out the following: 
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(1) 
Developing and implementing high-quality professional development and training 
programs, such as training programs developed with the assistance of the 
Secretary, to implement evidence-based systematic approaches to school-wide 
positive behavior supports, including improving coaching, facilitation, and 
training capacity for principals and other administrators, teachers, specialized 
instructional support personnel, and other staff. 
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(2) 
(3) 
(4) 
(E) 
Providing technical assistance to develop and implement evidence-based 
systematic approaches to school-wide positive behavior supports, including 
technical assistance for data-driven decision-making related to behavioral 
supports and interventions in the classroom and throughout common areas. 
Researching, evaluating, and disseminating high-quality evidence-based programs 
and activities that implement school-wide positive behavior supports with fidelity. 
Supporting other local positive behavior suppOli implementation activities 
consistent with this subsection, including outreach to families and community 
agencies and providers, such as mental health authorities. 
Evaluation and Report. - Each school receiving a grant under this Act shall, at the 
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end of the three-year grant period for such grant, prepare and submit to the Secretary, a report 
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that: 
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(1) 
(2) 
evalnates the school's progress toward developing and implementing evidence-
based systematic approaches to school-wide positive behavior supports; and 
includes such information as the Secretary may require. 
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SECTION 6. National Assessment. - The Secretary shall can'y out a national assessment 
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to: 
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(A) 
(B) 
determine compliance with the requirements of this Act; and 
identify best practices with respect to professional development and training 
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programs, which shall include identifying evidence-based school personnel training models with 
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demonstrated success (including models that emphasize positive behavior supports and de-
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escalation teclmiques over physical intervention). 
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SECTION 7. Applicability.-
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(A) 
Private Schools. - Nothing in this Act shall be construed to affect any private 
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school that does not receive, or does not serve students who receive, support in any form from 
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any program suppOited, in whole or in pati, with funds appropriated to the Department of 
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Education. 
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(B) 
Home Schools. - Nothing in this Act shall be construed to: 
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(1) 
(2) 
affect a home school, whether or not a home school is treated as a private school 
or home school under the law; or 
consider parents who are schooling a child at home as school personnel. 
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SECTION 8. Authorization of Appropriations. - There are authorized to be appropriated 
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such sums as may be necessary to carry out this Act for fiscal year 2012 and each of the four 
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succeeding fiscal years. 
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SECTION 9. Separability Clause. - If any provision of this Act shall be declared 
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unconstitutional, any other provision not affected thereby shall remain in full force and effect. 
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SECTION 10. Repealing Clause. - All laws, decrees, orders, rules and regulations, or 
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parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
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SECTION 11. Effectivity. - This Act shall take effect immediately after publication in 
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two (2) newspapers of general circulation. 
Approved, 
/fldp 
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