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Republic oI the Philippines


First Regular Session

House Bill No. 4455

Introduced by Representatives Susan A. Yap, Bernadette R. Herrera-Dy, Carlos M.
Padilla, Jocelyn S. Limkaichong, Roilo Golez, Josephine Veronique R. Lacson-Noel,
Jane T. Castro, Herminia B. Roman, Rosenda Ann Ocampo, Cesar V. Sarmiento,
Aurora Enerio-Cerilles, Mariano Michael M. Velarde, Jr., Cinchona Cruz-Gonzales,
Maria Isabelle "Beng" G. Climaco, Daryl Grace J. Abayon, Ma. Angelica M. Amante-
Matba, Ma. Rachel J. Arenas, Kaka J. Bag-ao, Kimi S. Coiuangco, Emerenciana
"Emmi" A. De Jesus, Rachel Marguerite B. Del Mar, Janette L. Garin, Gloria A.
Macapagal-Arroyo, Maria Milagros E. Magsaysay, Marlyn L. Primicias-Agabas, Nur-
Ana I. Sahidulla, Bai Sandra A. Sema, Ma. Georgina P. De Venecia, JoseIina M. Joson
and Reena Concepcion G. Obillo


Be it enacted bv the Senate and House of Representatives of the Philippines in Congress

SECTION 1. Short Title. This Act shall be known as the The Positive And Non 1
'iolent Discipline Of Children Act`. 2
SEC. 2. Declaration of Policv. The State recognizes the vital role oI children and 3
youth in nation building and shall promote and protect their physical, moral, spiritual, 4
intellectual and social well-being. Pursuant thereto, no child shall be subiected to torture or 5
other cruel, inhuman or degrading treatment or punishment. Such treatment or punishment 6
violates the child`s rights, human dignity and physical integrity. 7
As such, the State shall: 8
a, Promote positive and non-violent discipline oI children at home, in school, in 9
institutions, in alternative care systems, in workplaces and in all other settings and 10
establish the necessary structures and mechanisms and mobilize resources to make 11
this possible; 12
b, DeIend the right oI children to assistance, including proper care and nutrition, and 13
special protection Irom all Iorms oI neglect, abuse, cruelty, exploitation and other 14
conditions preiudicial to their development; 15


c, Protect the best interests oI the child through measures that will ensure the 1
observance oI international standards oI child protection, especially those to 2
which the Philippines is a party; 3
d, Respect the responsibilities, rights and duties oI parents, guardians or other 4
persons legally responsible Ior the child, including those exercising special or 5
substitute parental authority, to provide, in a manner consistent with the evolving 6
capacities oI the child, appropriate direction and guidance in the exercise oI the 7
children`s rights; 8
e, Assist parents in the IulIillment oI their parental obligations; 9
, Ensure that school discipline is administered in a manner consistent with the 10
child`s human dignity; and 11
g, Protect the child Irom all Iorms oI physical or mental violence, iniury Irom abuse, 12
neglect or negligent treatment, maltreatment or exploitation, including sexual 13
abuse, while in the custody oI parents, guardians or any other person under whose 14
care the child is entrusted. Such protective measures shall include eIIective 15
procedures Ior the establishment oI social programs to provide necessary support 16
Ior the child and Ior those who care Ior the child, as well as Ior other Iorms oI 17
prevention and Ior identiIication, reporting, reIerral, investigation, treatment and 18
Iollow-up oI instances oI child maltreatment, and, as appropriate, Ior legal or 19
iudicial action. 20
SEC. 3. Definition of Terms. The Iollowing terms as used in this Act shall be 21
deIined as Iollows: 22
a, Child reIers to a person who is below eighteen (18) years oI age, or one over but is 23
unable to Iully take care oI one`s selI or protect one`s selI Irom abuse, neglect, 24
cruelty, exploitation or discrimination because oI a physical or mental disability or 25
condition. 26
b, Corporal punishment reIers to cruel and unusual punishment or act that subiects the 27
child to indignities and other excessive chastisement that embarrasses or 28
humiliates the child carried out to discipline, train or control, inIlicted by an adult or 29
by another child, who has been given or has assumed authority or responsibility Ior 30
punishment or discipline. It includes physical and humiliating or degrading 31
punishment such as, but not limited to: 32


(1) Blows such as but not limited to beating, kicking, hitting, slapping, lashing to 1
any part oI a child`s body, with or without the use oI an instrument such as 2
but not limited to a cane, broom, stick, whip or belt; 3
(2) Striking oI the child`s Iace or head such being designated as the 'no contact 4
zone; 5
(3) Pulling hair, shaking, twisting ioints, cutting or piercing skin, dragging or 6
throwing a child; 7
(4) Forcing a child to perIorm physically painIul or damaging acts, such as but 8
not limited to holding a weight or weights Ior an extended period and 9
kneeling on stones, salt or pebbles; 10
(5) Deliberate neglect oI a child`s physical needs; 11
(6) Use oI or exposure to substances that can cause discomIort or threaten the 12
child`s health such as Iire, ice, water, smoke, pepper, alcohol, dangerous 13
chemicals such as bleach or insecticides, excrement or urine; 14
(7) Tying up a child; 15
(8) Imprisoning a child; 16
(9) Verbal abuse, or assaults including intimidation or threat oI bodily harm, 17
swearing or cursing, ridiculing or denigrating the child;and 18
(10) Making a child look or Ieel Ioolish which tends to belittle or humiliate the 19
child in Iront oI others. 20
c, oster parents reIer to persons duly licensed by the Department oI Social WelIare and 21
Development (DSWD) to provide planned, temporary, substitute parental care to 22
children. 23
d, uardians reIer to legal guardians and other persons, including relatives, with 24
physical custody oI the child. 25
e, nstitutions reIer to residential and nonresidential child-caring agencies, including 26
youth homes, youth rehabilitation centers, drop-in centers, temporary shelters and 27
orphanages; and churches or religious centers, including places oI worship and parish 28
centers. 29
, Parents reIer to biological parents, step parents, adoptive parents and the common- 30
law spouse or partner oI the parent. 31
g, Persons legallv responsible for the child. including those exercising special or 32
substitute parental authoritv reIer to those provided Ior under Presidential Decree No. 33
603, as amended (Child and Youth Welfare Code), Executive Order No. 209, as 34


amended (amilv Code), and Republic Act No. 7610, as amended (Special Protection 1
of Children Against Abuse. Exploitation and Discrimination Act). 2
h, Positive and non violent discipline reIer to an approach seeking to immediately 3
correct the behavior oI a child, to teach a lesson, to give tools that build selI discipline 4
and emotional control, and to build a good relationship with the child by 5
understanding the child`s needs and capabilities at various ages and the behavior that 6
is usual Ior a child at each stage oI development. 7
i, Service providers reIer to persons who, in a residential or nonresidential setting, 8
provide services to children. These include social workers, center administrators and 9
personnel, house parents, health service providers, day care workers, volunteers, 10
security guards in schools and centers, guards in a youth detention home, law 11
enIorcement oIIicers, barangav oIIicials and tanods, and iail oIIicers. 12
j, School teacher. personnel. and officers reIer to persons exercising authority over 13
students, including administrators, student teachers, guidance counselors, preIects oI 14
discipline, instructors, school personnel, scout masters and Citizen`s Advancement 15
Training (CAT) and Citizen`s Military Training (CMT) or Reserved OIIicers Training 16
Corps (ROTC) commandants, tactical oIIicers and student oIIicers. 17
k, Yavas. house helpers and caregivers reIer to domestic workers with direct contact to 18
the child. 19
SEC. 4. Promotion of Techniques on Positive and Non-'iolent Discipline A 20
comprehensive program shall be Iormulated and implemented to promote positive and non- 21
violent discipline in lieu oI corporal punishment oI children. A continuing inIormation 22
dissemination campaign shall be conducted nationwide regarding its beneIits and techniques. 23
Among the positive and non-violent techniques Ior disciplining a child which can be 24
promoted include: 25
(a) Beat-the Clock a motivational technique that uses the child`s competitive nature to 26
encourage completion oI tasks on parent`s timetable. 27
(b)Grandma`s Rule a contractual agreement that allows a child to do what the child 28
pleases as soon as what the parent wants has been accomplished. 29
(c) Neutral time taking advantage oI time that is Iree Irom conIlict, such as the time 30
aIter a tantrum has passed and the child is calm and receptive, to teach new behavior 31
to the child. 32
(d)Praise a verbal recognition oI a behavior that a parent wants to reinIorce 33


(e) Reprimand - a statement that includes a command to stop the behavior, a reason 1
why the behavior should stop, and an alternative to the behavior; 2
(I) Rule a pre determined behavioral expectation that includes a stated outcome and 3
consequence; 4
(g)Time out to take the child out oI a situation because oI inappropriate behavior, 5
making the child Iace a blank wall Ior several minutes or until the child calms 6
down; 7
(h)Responsibility Building making a child perIorm age-appropriate simple household 8
chores. 9
SEC. 5. Prohibition of Corporal Punishment. Corporal punishment oI children as 10
deIined in Sec. 3 (b) are hereby prohibited . 11
Parents, vavas, house helpers and caregivers, Ioster parents, guardians, relatives who 12
have custody oI the child, or other persons legally responsible Ior the child, including those 13
exercising special or substitute parental authority, school teachers, personnel, and oIIicers 14
oI both public and private academic and vocational institutions, employers and supervisors, 15
service providers, priests, nuns, pastors and other members oI religious congregations or 16
churches, or any other person under whose care the child has been entrusted to and who 17
inIlicts corporal punishment on the child shall be liable in accordance with existing penal 18
laws. 19
SEC. 6. Penalties. The penalties under existing penal laws shall be imposed in the 20
maximum period, except where a higher penalty is provided Ior under Act No. 3815, as 21
amended, otherwise known as the Revised Penal Code, under Republic Act No. 7610, 22
otherwise known as the Special Protection of Children Against Child Abuse. Exploitation and 23
Discrimination Act. or under Republic Act No. 9262, otherwise known as the Anti-'iolence 24
Against Women and their Children Act. II the act is not penalized under the abovementioned 25
laws, the penalty shall be arresto mavor in its maximum period. 26
SEC. 7. Option for nterventions. II the penalty imposable Ior the act is only arresto 27
menor or arresto mavor, the prosecutor may, instead oI Iiling the case, reIer the accused to 28
the local social welIare and development oIIice (SWDO) Ior assessment and intervention 29
such as seminars and/or counseling on children`s rights and positive and non-violent 30
discipline oI children, anger management, and reIerrals to other rehabilitative services: 31
Provided. That the oIIender has not been previously charged under this Act. 32
SEC. 8. Suspension of Parental Authoritv. II the oIIender is a person exercising 33
parental authority but is not a parent, and has been previously charged under this Act, the 34


court may suspend parental authority in accordance with Executive Order No. 209, as 1
amended, otherwise known as the amilv Code of the Philippines. 2
SEC. 9. nterventions for a Parent who is an Offender. II the oIIender is a parent oI 3
the child, in addition to the penalty imposed under Section 6. the prosecutor shall reIer the 4
parent to the local social welIare and development oIIice (SWDO) Ior assessment and 5
intervention such as seminars and/or counseling on children`s rights and positive and non- 6
violent discipline oI children, anger management, and reIerrals to other rehabilitative 7
services. 8
SEC. 10. Other Remedies. The remedies available to the victim under Republic Act 9
No. 7610 and Republic Act No. 9262 shall be available to the child where applicable. 10
SEC. 11. Reporting. All instances oI corporal punishment oI children brought to 11
the barangav or the police, or a healthcare provider, shall be reported to the local SWDO 12
within eight (8) hours Irom the time oI the complaint, without preiudice to the continuation oI 13
the investigation or the Iiling oI the appropriate criminal case. Failure to report within the 14
prescribed period shall be a ground Ior administrative action against the barangav oIIicial or 15
police oIIicer, or healthcare provider. 16
SEC. 12. Persons ntervening Exempt from Liabilitv. In every case oI corporal 17
punishment, any person who, acting in good Iaith, responds or intervenes without using 18
violence or restraint greater than necessary to ensure the saIety oI the victim, shall not be 19
criminally, civilly or administratively liable. 20
SEC. 13. Who Mav ile a Complaint. Complaints on acts oI corporal punishment 21
against a child may be Iiled by the Iollowing: 22
a, OIIended party assisted by an adult; 23
b, Parents or guardians; 24
c, Ascendant or collateral relative within the third degree oI consanguinity or aIIinity; 25
d, OIIicer, social worker or representative oI a licensed child-caring institution; 26
e, OIIicer or social worker oI the DSWD or the local SWDO; 27
, Police oIIicers, preIerably those in charge oI the Women and Children`s Desk; 28
g, Barangav oIIicial; 29
h, Teacher, non-governmental organization (NGO) worker, health provider, day care 30
worker; or 31
i, At least two (2) concerned persons Irom the place where the act occurred who have 32
personal knowledge oI the act. 33


SEC. 14. 'enue. The Regional Trial Court (RTC) designated as a Family Court 1
shall have original and exclusive iurisdiction over cases oI corporal punishment oI children. 2
In the absence oI such court in the place where the oIIense was committed, the case shall be 3
Iiled in the RTC in the place where the crime or any oI its elements were committed at the 4
option oI the complainant. 5
SEC. 15. Confidentialitv. All records pertaining to cases oI corporal punishment oI 6
children, including those in the barangay, the police or public or private healthcare Iacility 7
shall be conIidential and the right to privacy oI the victim shall be respected. 8
Whoever publishes or causes to be published, in any Iormat, the name, address, 9
telephone number, school or any identiIying inIormation oI a victim or immediate Iamily 10
member oI the victim, without consent, shall be penalized with a Iine oI not more than Two 11
Hundred Thousand Pesos (P200,000.00). 12
SEC. 16. Duties and Responsibilities of overnment Agencies. 13
(a) The DSWD shall Iormulate a comprehensive program to promote the positive and 14
non-violent discipline oI children and the prevention oI the use oI corporal 15
punishment on children. The program shall be developed in coordination with other 16
government agencies and the private sector, including academic institutions, NGOs 17
and parents-teachers-community associations. The program shall include capacity 18
building oI service providers, parenting education on positive and non-violent 19
discipline oI children, child-Iriendly reporting mechanisms, child protection services 20
and support, and documentation, data management and monitoring systems. 21
(b)The DSWD shall integrate positive and non-violent discipline oI children in the 22
training oI oIIicials and staII oI child-caring institutions. It shall ensure that oIIicials 23
and staII oI institutions do not use corporal punishment on any child under their 24
custody. It shall also ensure that appropriate action is taken against erring oIIicials and 25
staII oI the institutions. 26
(c) The DSWD shall institutionalize an intervention program which will ensure that only 27
trained and competent proIessionals and staII oI the local SWDO will provide 28
counseling and seminars Ior both oIIended child and oIIender. 29
(d)All local SWDOs shall adopt and implement programs and services to promote the 30
positive discipline oI children and the prevention oI the use oI corporal punishment on 31
children. They shall also provide assistance to victims oI corporal punishment and 32
their Iamilies. It shall, together with the DSWD and the LGUs, ensure the delivery oI 33
intervention programs such as seminars and counseling Ior oIIending parents. 34


(e) The local SWDO shall immediately conduct an assessment oI every reported instance 1
oI corporal punishment on a child, and determine the appropriate interventions, 2
considering the best interest oI the child at all times. The assessment shall be 3
completed within three (3) calendar days, without preiudice to the conduct oI a more 4
comprehensive case study report. The interventions may include psychosocial 5
interventions Ior the child and the Iamily; protective custody by the social worker; 6
temporary placement Ior the child; medical and legal services; counseling and 7
seminars on children`s rights, positive and non-violent discipline oI children and 8
anger management; and reIerrals to other rehabilitative services Ior the perpetrator. 9
The assessment shall be conducted and interventions shall be provided by the local 10
SWDO whether or not a criminal case is Iiled. 11
(I) The Council Ior the WelIare oI Children (CWC) shall disseminate all relevant 12
inIormation on this Act among concerned government agencies and entities. It shall 13
monitor the enIorcement oI this Act and the implementation oI all programs and 14
services provided Ior under this Act. It shall also mobilize the diIIerent inter-agency 15
mechanisms within its national and local structures to support the implementation oI 16
programs and services. 17
(g)The Department oI Education (DepED), the Commission on Higher Education 18
(CHED) and the Technical Education and Skills Development Authority (TESDA) 19
shall integrate positive and non-violent discipline oI children in the training oI school 20
oIIicials, teachers and personnel. The three (3) agencies shall ensure that school 21
oIIicials, teachers and personnel do not use corporal punishment on any pupil or 22
student. They shall also ensure that appropriate administrative action is taken against 23
erring school oIIicials, teachers and personnel. 24
(h)The CHED shall integrate positive and non-violent discipline oI children in the 25
curricula oI education, psychology, social work and other disciplines related to child 26
work. 27
(i) Local Government Units (LGUs) shall mobilize, strengthen and support local 28
structures, such as the local councils Ior the protection oI children, local special 29
bodies, Lupong Tagapamavapa and children`s welIare and protection organizations 30
in Iacilitating the reporting oI, prevention oI and response to instances oI corporal 31
punishment, and promotion oI positive discipline in their respective localities. It shall, 32
together with the DSWD and the local SWDO, ensure the delivery oI intervention 33
programs such as seminars and counseling Ior oIIending parents. 34


(i) Local Councils Ior the Protection oI Children (LCPC) shall support programs that 1
promote the positive and non-violent discipline oI children, prevent the use oI 2
corporal punishment on children, and coordinate with the local SWDO in responding 3
to such cases. 4
(k)The Sangguniang Kabataan (SK) shall include in its programs the prevention oI 5
corporal punishment on children. 6
SEC. 17. mplementing Rules and Regulations. The DSWD, in consultation with the 7
CWC. DepED, the CHED, the TESDA, the Department oI the Interior and Local 8
Government (DILG), the Department oI Health (DOH) and other relevant government 9
agencies. LGUs, NGOs and children`s organizations, shall promulgate the implementing 10
rules and regulations oI this Act within six (6) months Irom its approval. 11
SEC. 18. Suppletorv Application. For purposes oI this Act, the Revised Penal Code, 12
as amended, the Child and Youth Welfare Code, as amended, and other applicable laws shall 13
have suppletory application. 14
SEC. 19. Appropriations. The amount necessary Ior the initial implementation oI 15
this Act shall be charged against the current appropriations oI the DSWD, the DepED, the 16
TESDA and the CHED, and thereaIter in the annual eneral Appropriations Act. For LGUs, 17
the implementation oI the programs shall be charged against the internal revenue allotment 18
and other internally generated Iunds oI the LGU concerned. The priority development 19
assistance Iund can be utilized to Iund the implementation oI this act. 20
SEC. 20. Separabilitv Clause. II any section or provision oI this Act is held 21
unconstitutional or invalid, the other sections or provisions shall not be aIIected. 22
SEC. 21. Repealing Clause. All laws, presidential decrees, executive orders and 23
rules and regulations or parts thereoI inconsistent with the provisions oI this Act are hereby 24
repealed or modiIied accordingly. 25
SEC. 22. Effectivitv Clause. This Act shall take eIIect IiIteen (15) days aIter its 26
publication in any newspaper oI general circulation. 27
Approved, 28