By Filane Mikee Cervantes (PNA)
MANILA — The House of Representatives on Monday approved on final reading a measure promoting positive and non-violent discipline of children.
With 163 affirmative votes, two negative votes and zero abstention, the lower chamber passed on third reading House Bill 8239, which seeks to protect children from physical, humiliating, or degrading acts as a form of punishment.
The proposed law would provide a legal framework for the country’s commitment to various international agreements such as the Universal Declaration of Human Rights, Geneva Declaration of the Rights of the Child, and Convention on the Rights of the Child on protecting the young generation of Filipinos.
Under the bill, children shall not be subjected to any form of physical, humiliating, or degrading acts of punishment in homes, schools, institutions, alternative care systems, the juvenile welfare system, places of religious worship, and in all other settings where there is direct contact with children.
Any person having personal knowledge of such act or acts may file a report, which shall be brought to the attention of the barangay and/or the police. The police shall bring the report to the attention of the barangay or a healthcare provider.
Upon receipt of a report, the Punong Barangay shall determine if the committed acts fall under the definition of physical, humiliating, or degrading acts as a form of punishment.
If there is such determination, the Punong Barangay may refer both the offender and the offended party to mediation and conciliation. In extreme cases where the safety of the children is at stake, the Punong Barangay may recommend temporary protection orders, taking into consideration the best interest of the children.
The Punong Barangay shall require repeat offenders to undertake seminars on positive discipline, anger management, and children’s rights; undergo counseling or therapy; and/or avail of other rehabilitative services as may be applicable.
Meanwhile, the children shall be provided counseling and if necessary, be accorded other proper interventions.
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.
All records pertaining to cases of punishment prohibited by HB 8239 shall be kept confidential and the right to privacy of the victim shall be represented.
The victim or an immediate member of their family may file an action for damages against whoever publishes or causes to be published, without prior consent, any identifying information of a victim or their immediate family.
The bill mandates the Department of Social Welfare and Development (DSWD), together with the Department of Education (DepEd) and other concerned agencies, to formulate and implement a comprehensive program to promote positive and non-violent discipline.
The agencies shall also be mandated to conduct a continuing information dissemination campaign nationwide on how to practice positive discipline.
