FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S. No. sEwF47 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 13 provides: 
The State recognizes the vital role of the 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. 
Parents in the Philippines discipline and punish their children through the use of 
corporal or physical punishment in the following forms: spanking with the 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. 
According to the World Report on Violence and Health 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." A study conducted in 2005 
found that 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. Corporal punishment perpetuates itself as children imitate the actions of 
adults. 


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 requirements 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 
punishment.” As a State Party to the Convention on the Rights of the Child (CRC) 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.” 
L&vL 
P A M D E F E  SORSA T 


5 
6 
‘ 7  
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
/
,
 
8 ;  
OF THE PHILIPPINES 
1 
7 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING ARTICLE 218, ARTICLE 220 AND ARTICLE 223 OF 
THE FAMILY CODE TO PROHBIT ALL FORMS OF 
CORPORAL PUNISHMENT 
Be it enacted by the House of Repvesentatives and the Senate of the Philippines in 
Congress assembled: 
SECTION 1. Article 218 of Executive Order No. 209, as amended, otherwise 
known as the Family Code, is hereby amended to read as follows: 
“Article 218. The school, its administrators and teachers, or the individual, entity or 
institution engaged in child care, INCLUDING EMPLOYERS, SUPERVISORS AND 
MANAGERS OF WORKING CHILDREN shall have special parental authority and 
responsibility over the CHILDREN [minor child] while under their supervision, 
instruction, custody, OR EMPLOYMENT. 
Authority and responsibility shall apply to all authorized activities whether inside or 
outside the premises of the school, entity, institution, OR WORKPLACE.” 
SECTION 2. Article 220 is hereby amended to read as follows: 
“Article 220. The parents and those exercising parental authority shall have with respect 
to their [unemancipated] children, wards, OR EMPLOYEES the following rights and 
duties: 
... 
(7) To impose discipline on CHILDREN [them as may be required under the 
circumstances]. HOWEVER, IN NO CASE SHALL CORPORAL PUNISHMENT OR 
HUMILIATING TREATMENT BE INFLICTED UPON CHILDREN. 
1 


9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22~ 
23 
24 
25 
26 
CORPORAL PUNISHMENT REFERS TO ANY PUNISHMENT IN WHICH 
PHYSICAL FORCE IS USED AND INTENDED TO CAUSE SOME DEGREE OF 
PAIN OR DISCOMFORT, HOWEVER LIGHT. HUMILIATING TREATMENT 
REFERS TO ANY ACT BY WORD OR DEED WHICH BELITTLES, HUMILIATES, 
SCAPEGOATS, THREATENS, SCARES, RIDICULES, IGNORES, OR ISOLATES 
THE CHILD, AMONG OTHERS. 
IN CASES INVOLVING HIS DISCIPLINE, THE CHILD SHALL BE GIVEN A 
CHANCE TO PRESENT HIS SIDE.” 
SECTION 3. Article 233 is hereby amended to read as follows: 
“Article 233. The person exercising substitute parental authority shall have the same 
authority over the person of the child as the parents. 
In no case shall the school administrator, teacher, or individual engaged in child care 
exercising special parental authority inflict corporal punishment OR HUMILIATING 
TREATMENT upon the child.” 
SECTION 4. Repealing Clause. - Articles 45 and 47 of Presidential Decree No. 
603, otherwise known as the Child and Youth Welfare Code, as amended, Article 74 of 
Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws, 
and all laws, acts, presidential decrees, executive orders, administrative orders, rules and 
regulations inconsistent with or contrary to the provisions of this Act are deemed 
amended, modified or repealed accordingly. 
SECTION 5. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
remain valid and subsisting. 
SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
2