VOTING 163-2, the House of Representatives approved on third and final reading the House Bill (HB) 8239, also known as the "Positive and Non-violent Discipline of Children Act."
The bill seeks to protect children from all forms of physical and mental abuse, neglect or exploitation while in the custody of their parents or guardian.
It defines positive discipline as a "constructive and proactive approach to parenting" that helps children develop appropriate thinking and behavior. It is anchored on the principle of children's rights.
Under the bill, a child, defined under the measure as those below 18, 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.
The child or any person having personal knowledge of such act or acts may report to police or barangay.
Upon receipt of a report, the barangay chief 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 barangay chief may then refer both parties to mediation and conciliation.
In cases where safety of children is at stake, the chief of barangay may recommend temporary protection orders.
In cases of repeat offenders, the barangay shall require the offender to undergo seminars on positive discipline, anger management and children's rights. They may also require an offender, as well as the child who suffered abuse to undergo counseling.
The measure provides that nothing in the act shall prevent the filing of criminal cases against offenders who committed crimes punishable under the Revised Penal Code and other special laws.
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.
The measure mandates the Department of Social Welfare and Development and Department of Education to formulate comprehensive program to promote the positive discipline of children.
Bernadette Hererra-Dy, chair of the House committee on women and gender equality and one of the authors of the bill, clarified that parents found violating provisions of HB 8239 will not face jail time.
"Children cannot invoke this law to get back at their parents by sending them to jail. However, if the case is child abuse or sexual abuse, that is a much more serious matter with jail time consequences," she said.
Hererra-Dy also said positive discipline is not an entirely new concept.
"The Department of Education has long had the child protection policies and even a positive discipline manual to guide schools on how to promote non-violent means of discipline," she said. (With PNA/SunStar Philippines)