Corporal punishment measure introduced

CEBU, Philippines - The controversial Cebu City ordinance that bans corporal punishment, approved by the council but vetoed by Mayor Michael Rama, is being replicated in Talisay City.

Talisay City Vice Mayor Alan Bucao, aware of the issues involved in the controversy, nevertheless filed proposed ordinance No. 2012-24-2, which prohibits corporal punishment for children.

The council will discuss the proposal next week.

Dubbed as “an ordinance promoting positive discipline of children,” Bucao reiterates the city’s mandate to safeguard the foregoing rights of a child as a legitimate member of society under the general welfare clause of the Local Government Code. 

The proposed ordinance is also pursuant to Republic Act 7610, otherwise known as “Special Protection of Children Against Abuse, Exploitation and Discrimination Act” which declares that the state shall intervene on behalf of the child.

This rule applies even if their perpetrators are their very own parent, guardian, teacher, or anybody who has children under their custody. 

“This ordinance is enacted to impose upon parents, teachers, guardians, and all persons legally responsible for the care and custody of the child, the preservation of his or her dignity and the protection of his/her welfare,” Bucao’s ordinance read.

Under the ordinance, Bucao said it shall be unlawful for parents, teachers, yayas, housemaids and caregivers, foster parents, relatives who have custody of the child, and other persons responsible for the care and custody of a child, including those exercising special or substitute parental authority, to commit against such child any form of physical and humiliating or degrading punishment. 

In Section 3 of Prohibited Acts or Punishment, it is unlawful to deliver blows to any part of a child’s body, such as striking, pushing, shoving, beating, kicking, hitting, slapping, lashing, with or without the use of an instrument such as but not limited to a cane, shoes, broom, stick, whip or belt.

It also prohibits pinching, pulling ears or hair, shaking, “kwelyohan”, twisting joints, cutting and shaving hair, cutting or piercing skin, forcibly lifting, dragging or throwing a child. 

Among other prohibited acts include forcing a child, through the use of power, authority or threats, to perform physically painful or damaging acts, such as but not limited to holding a weight or weights for an extended period, kneeling on a rough surface, such as but not limited to stones, salt or pebbles, squatting, standing or sitting in a contorted position; deliberate neglect of a child’s physical needs; Use of external substances, such as but not limited to burning or freezing materials, water, smoke, pepper, alcohol, excrement or urine; Use of hazardous tasks as punishment or for the purpose of discipline, including those that are beyond a child’s strength or bring 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; Confinement, including being shut in a restrictive, hazardous or inappropriate space or material, tied up, or forced to remain in one place for an extended period of time; Any threat of physical punishment; Any other physical act perpetrated on a child’s body, for the purpose of punishment or discipline, intended to cause some degree of pain or discomfort, however light; Verbal assaults, threats, or intimidation; Verbal abuse, scolding, yelling, swearing, ridiculing or degrading; Making a child look or feel foolish in front of one’s peers or the public, and; Other acts or words which belittle, humiliate, blame, ignore, isolate the child or make the child a scapegoat.

Any person found to be violating any of the prohibited acts  will be punished by imprisonment of not more that six (6) months or fine not exceeding P5,000 or both.

Under Section 7, any person, including the child victim, having personal knowledge of the facts constituting the offense committed against the child, may file a complaint to the barangay or the police, or a healthcare provider, and shall be reported to the City Social Worker Development Office within twenty four (24) hours from the time. 

In a study commissioned by the European Union and Plan Germany for the project, “Strengthening Civil Society in Eliminating Violence Against Children in the Philippines,” it came out that three out of four or 75 percent of parents use corporal punishment to discipline their children.

The study also shows that children aged five to 11 who received the castigation have lowered self-esteem, and fear and confused about their parent’s love for them.