House okays bill vs child punishment

MANILA, Philippines – The House of Representatives has approved on third and final reading a bill prohibiting parents, guardians, teachers and elders from subjecting a child to physical punishment and psychological threats.

Bagong Henerasyon party-list Rep. Bernadette Herrera-Dy, principal author of the measure, expressed optimism that the swift approval of House Bill 4455 or the Positive and Non-Violent Discipline of Children Act would prod the Senate to fast-track passage of its own version of the measure.

Lawmakers on Wednesday night crossed party lines to pass HB 4455, which will require erring parents to undergo counseling on children’s rights and positive and non-violent discipline of children and anger management.

Under the bill, corporal punishment refers to cruel and unusual punishment or acts that subject the child to indignities and other excessive chastisement that embarrasses or humiliates the child. It includes physical punishment and is imposed by an adult or by another child to discipline, train or control the victim.

Parents found guilty of severe corporal punishment on a child will be penalized under the provisions of Republic Act 7610 or anti-child abuse law.

Persons entrusted with the child, particularly teachers, guardians, yayas and relatives, face maximum penalties provided for under existing laws.

On the other hand, persons who intervene to save a child from further harm are exempt from any liability.

Among prohibited punishment on a child are blows, but not limited to kicking; hitting, slapping, beating, and lashing any part of the child’s body. Also banned are pinching (kurot), pulling of ears (pengot) or hair (sabunot), cutting or shaving of hair, spanking with hand and whipping with belt, among others.

The bill also considers as unlawful the use of power, authority or threats on the child and forcing the minor to kneel on stones, salt or pebbles, and squatting.

On the other hand, acceptable methods of imposing discipline are the following: reprimand, Grandma’s Rule, Beat-the-Clock, praise, and others.

Herrera-Dy, vice chair of the House committee on the welfare of children, said responsibility building or making a child perform age-appropriate and simple household chores is also encouraged.

She said all records about corporal punishment case will be considered confidential. Publication of the identity of the victim and immediate family member will be penalized with a P200,000 fine.

She said a child should not be detained, forced to look or feel foolish in front of others, tied up, or deliberately neglected by any adult.

She cited studies conducted by various international and local agencies that “show that corporal punishment is ineffective in disciplining children.”

Instead, these unacceptable methods of imposing discipline on the youth only developed in children “anger, resentment and low self-esteem.”

She said many children suffer permanent physical injuries and psychological harm.

“Being a state party to said international instruments, we are required by Article 19 of the Convention of the Rights of the Child to take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical and mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse while in the care of parents, legal guardians and other people,” she said.

She cited Valenzuela Rep. Magtanggol Gunigundo for “sharing his legal expertise” in the drafting of the final version of the bill.

Other authors and sponsors of the bill are representatives Aurora Enerio-Cerilles (Zamboanga del Sur); Susan Yap (Tarlac); Milagros Magsaysay (Zambales); Carlos Padilla (Nueva Vizcaya); Kimi Cojuangco (Pangasinan); Herminia Roman (Bataan); Georgina de Venecia (Pangasinan); Jane Castro (Capiz) and Ma. Isabelle Climaco (Zamboanga City). –Paolo Romero (The Philippine Star)