fiSHm 
S e n a t p
SEVENTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. B. No. 
1170
•16 
SEP 2 6  
A10 5 4
•< I';
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT PROHIBITING ALL FORMS OF 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
EXPLANATORY NOTE
Every child has the right to special protection from all forms of neglect, abuse, cruelty, 
exploitation, and other conditions prejudicial to their development. To this end, the State shall 
undertake all appropriate measures to protect the child from all forms of physical or mental 
violence, injury, 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.
The proposed bill seeks to prohibit all forms of corporal or physical punishment to discipline 
and punish children as the same leads to neptive effects such as low self-worth, depression, 
displaced anger, resentment and aggression in them.
In view of the foregoing, the timely passage of this bill is earnestly recommended.
MARI
Senator
NANCY S. BINAY


SEVENTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
First Regular Session
SENATE
S. B. No. __ 1 1 7  Q
)
)
i§ ((u t of the
’16 SEP 26 AlO 54
B l ' <  
i 
r  
; 4
Introduced by Senator Maria Lourdes Nancy S. Binay
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AN ACT PROHIBI TING ALL FORMS OF 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 1. Short Title. This Act shall be known as the “Anti-Corporal Punishment Act of
2016. "  
J
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. The State shall defend the right of children to assistance, and special 
protection from all fonns 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 regards, the State shall promote the positive and non-violent discipline of children at 
home, at school, in institutions, at alternative care systems, in employment and at all other 
settings. It shall establish the necessary structures and mechanisms and mobilize resources to 
make this possible.


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The State shall take all appropriate measures to protect the child from all forms of physical or 
mental violence, injury, 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 necessaiy 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, real or imagined, 
and/or acts carried out for the purpose of discipline, training or control, inflicted by an 
adult, 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.
5.
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;
Pinching; pulling ears or hair; shaking; twisting joints; cutting and shaving hair; 
cutting or piercing skin; carrying, dragging or throwing a child;
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;
Deliberately neglecting a child’s physical needs, where this is intended as 
punishment;
Using external substances, such as burning or freezing materials, water, smoke, 
pepper, alcohol, excrement or urine;
Forcing a child to perform hazardous tasks as punishment or for the purpose of 
discipline, including those that are beyond a child’s strength or bringing 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;
Confining a child in a contained or enclosed space, 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;


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( c )
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(d)
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(e )
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(0
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(g)
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(h)
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(i)
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G )
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(k)
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8. 
Any threat of physical punishment;
9. 
Any other physical act peipetrated on a child’s body, for the purpose of 
punishment or discipline, intended to cause some degree of pain or discomfort, 
however light;
10. 
Verbally assaulting, threatening or intimidating a child;
11. 
Verbally abusing, scolding, yelling, swearing, ridiculing or denigrating;
12. 
Making a child look or feel foolish in front of one’s peers or the public; and
13. 
Other acts or words belittling, humiliating, blaming, ignoring or isolating the 
child.
“Foster parents” refers to persons duly licensed by the Department of Social Welfare 
and Development to provide temporary or substitute parental care to children;
“Guardians” refers to legal guardians and other persons, including relatives, with 
physical custody of the child;
“Parents” refers to biological parents, step parents, adoptive parents and the common- 
law spouse or partner of the parent;
“Persons legally responsible for the child, including those exercising special or 
substitute parental authority” refers to those provided 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);
“Positive discipline” refers to an approach to parenting that teaches children and guides 
their behavior, while respecting their rights to healthy development, protection from 
violence and participation in their learning;
“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;
“Teachers and school officials and administrators” refers to persons exercising 
authority over students, including guidance counselors, perfect of discipline, physical 
education instructors, school personnel, scout masters and CAT and CMT or ROTC 
commandants, tactical officers and student officers;
"Yayas, housemaids and caregivers” refers to domestic workers with direct contact to 
the child; and
“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.


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SECTION 4. Prohibition. All corporal punishment and all other forms of humiliating or 
degrading punishment of children is hereby prohibited at home, at school, in institutions, at 
alternative care systems, in employment and at 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.”
If any of the acts prohibited under this Act is committed by a student in an educational 
institution, the school official and administrators shall be held responsible as if it were 
themselves who committed the act.
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;
(c) 
Ascendant or collateral relative within the third degree of consanguinity or affinity;
(d) 
Officer, social worker or representative of a licensed child-caring institution;
(e) 
Officer or social worker of the Department of Social Welfare and Development or the 
local social welfare and development office;


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(f) 
Police officers, preferably those in charge of the Women and Children’s Desk;
(g) 
Barangay chairman or kagawad;
Teacher, NGO worker, health provider, day care worker; or
(h)
(i)
At least two (2) concerned 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 twenty-four (24) hours 
fi-om 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. 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, seminar 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.


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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 tlieir custody. 
It shall also ensure that appropriate action is taken against erring official and staff of 
institutions.
(b) 
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 fiersonnel do not use corporal punishment and humiliating or 
degrading punishment on any pupil or student. They shall also ensure that appropriate 
criminal and administrative actions are 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.


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(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 three (3) 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 
(PI 50,000,000.00) is hereby appropriated for the initial implementation of this Act. 
Thereafter, the Department of Social Welfare and Development shall include the amounts 
necessary for the implementation of this Act in its 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, or parts thereof, inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly.
SECTION 18. EJfectivity. 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,