To safeguard children in Talisay anti-corporal punishment law pushed

CEBU, Philippines – A councilor in Talisay City is pushing a local measure that seeks to prohibit corporal punishment and all forms of “degrading and humiliating” punishment on children.

In his proposed ordinance, Talisay City councilor Eduardo “Digul” Gullas III, who is the head of the City Council's Committee on Women and Family Affairs, is pushing to "promote positive discipline of children" and to employ positive and non-violent forms of disciplinary actions on children.

Gullas’ proposed Ordinance No. 2015-13-2 aims to further help strengthen family solidarity and recognize parents’ rights to rear their children in accordance with the demands of responsible parenthood.

Under Republic Act No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, the State may intervene on behalf of the child to protect him or her against abuse, exploitation and discrimination when such acts against the child are committed by his or her parent, guardian, teacher or person having care and custody of the same.

"The City of Talisay government is mandated to safeguard the foregoing rights of the child as member of the society under the general welfare clause of the Local Government Code," Gullas said.

If the ordinance gets the approval of the council, then all forms of physical and “humiliating” punishment will now be prohibited.

Among those that Gullas wishes to prohibit are pinching, pulling ears or hair, beating, kicking, slapping and blows to any part of the child’s body inflicted by parents, guardians, relatives or house helpers.

Gullas also said that prohibited under the draft measure are verbal assault, threat or intimidation and other act or word, which belittles, humiliates, blames and isolates the child below 18 years of age.

“The ordinance guarantees the rights of children so that they may live, grow, develop and participate optimally in society in accordance with their dignity as human beings, and that they will be protected against violence and discrimination,” the young councilor said.

“Parents, guardian or person responsible for the care and custody of the child must complete a seminar on the promotion of positive discipline of children to be able to enroll the child in day-care centers,” he added.

Under the penalty clause, the offenders shall be referred to the local or city social welfare and development office for assessment of appropriate intervention programs such as seminars and/or counseling on children’s rights and positive and non-violent discipline of children, anger management, and referrals to other rehabilitative services.

However, if  the act committed resulted to any of the crime penalized under the Revised Penal Code or the Special Protection of Children Against Child Abuse Act or the Anti-Violence Women and their Children Act, the same shall be prosecuted therein.

Under the measure, 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 city social welfare and development office within eight hours from the time of the complaint, without prejudice to the continuation of the investigation of 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.

Gullas said instead of pursuing a court action, the Barangay Council for the Protection of Children may refer the case to the City Social Welfare and Development Office for assessment and intervention except when the offender has been previously charged of any crime against a child.

Assessment and intervention shall be conducted whether or not the criminal case is filed.

Intervention may include psychological interventions for the child and family, protective custody, temporary placement for the child, medical and legal services and seminars on children’s rights to positive and non-violent discipline of children, counseling, anger manage-ment and referrals to other rehabilitative services for the offender and the victim.

To effect the ordinance, Gullas urged to mobilize, strengthen and support local structures, such as barangay councils, for the protection of children and children’s welfare and protection organizations in facilitating the reporting and promotion of positive discipline in their respective localities.