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PEOPLE COUNT P L C P D P O L I C Y B R I E F

Parenting
without
punishing
A Policy Brief on the Proposed
Anti-Corporal Punishment Law
By Carlos O. Tulali

Introduction
Corporal punishment is often defended in the and disapproval, and punishment involving physical
name of tradition and, at times, even in the name pain, as in corporal punishment.
of religion. Physical punishment as a discipline
method is also defended by touting its supposed Corporal punishment has been commonly used
beneficial impact on children’s behavior. in many societies and the form it takes varies
according to culture and religion. Research has
Discipline is frequently confused with punishment, shown, though, that it is not effective in promoting
particularly by caregivers who use corporal the desired change in behavior in any lasting way.
punishment in an attempt to correct and change The behavioral and emotional consequences
children’s behavior. But there are several differences of corporal punishment vary according to how
between discipline and punishment (refer to Box 1). frequently and how severely the punishment is
applied, as well as to the age, developmental
Discipline for children involves training and helping state, vulnerability, and resilience of the child.
them develop judgment, a sense of boundaries, Corporal punishment humiliates children and can
self-control, self-sufficiency, and positive social lead to physical injury and serious impairment in
conduct. Discipline, unlike punishment, teaches development.
children to learn from their mistakes rather than
making them suffer for those mistakes. In fact, Noting that parents’ use of corporal punishment
imposing suffering actually shifts the focus from the to discipline their children remains a strongly
lesson that needs to be learned to who is in control. debated issue, this policy brief discusses
As a result, with punishment, the focus is on the why prohibition is needed (the human rights
parent controlling a child’s behavior, as opposed imperative), what should be prohibited (all
to discipline wherein the focus is on the child corporal punishment and other cruel and
controlling his own behavior. degrading punishment), how prohibition can be
achieved (law review and reform), and how to
There are two types of punishment typically used use positive discipline as an alternative form of
on children: punishment involving verbal reprimand disciplining children.

Expanding choices, uplifting lives through responsive population and human development legislation
2 POLICY BRIEF | Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law

Box 1. Discipline Punishment


Discipline vs. Emphasizes what a child should do Emphasizes what a child should not do
Punishment
Is an ongoing process Is a one-time occurrence
Sets an example to follow Insists on obedience
Leads to self control Undermines independence
Helps children change Is an adult’s way of venting anger and frustration
Is positive Is negative
Accepts child’s need to assert self Makes children behave only on the short term
Fosters child’s ability to think Thinks for the child
Bolsters self-esteem Defeats self-esteem
Shapes behavior Condemns misbehavior

Definition Corporal punishment also includes humiliating or


degrading punishment of children, which, takes
The United Nations Committee on the Rights of the various forms, such as psychological punishment,
Child defines “corporal” or “physical” punishment verbal abuse, ridicule, isolation, or ignoring the child.
as “any punishment in which physical force is used
and intended to cause some degree of pain or Other forms of punishment such as making children
discomfort, however light.” Most involves hitting do heavy physical labor or stay in degrading or
(“smacking,” “slapping,” “spanking”) children, with uncomfortable positions also constitute corporal
the hand or with an implement—a whip, stick, belt, punishment.
shoe, wooden spoon, etc. But it can also involve,
for example, kicking, shaking or throwing children, While physical forms of punishment are more visible,
scratching, pinching, biting, pulling hair or boxing emotional punishment in the form of humiliating or
ears, forcing children to stay in uncomfortable degrading punishment is more difficult to identify
positions, burning, scalding or forced ingestion and confront as forms of child abuse.
(for example, washing children’s mouths out with
soap or forcing them to swallow hot spices). In Prevalence
the view of the Committee, corporal punishment is
invariably degrading. In addition, there are other Research into Filipino children’s experiences of child
non-physical forms of punishment that are also abuse found that the most abusive acts were those
cruel and degrading and, thus, incompatible with inflicted by parents in the name of discipline and
the Convention. These include punishment that included spanking, beating or mauling (including
belittles, humiliates, denigrates, threatens, scares or the use of a wooden stick, belt, bat or broom by a
ridicules the child.1 parent, incessant beatings, slaps on the face, and
burning with a flat iron), scolding or punishing the
Forms of Corporal Punishment child even if he did nothing wrong, humiliating the
child in public, and shouting and cursing at the child.3
Save the Children (2004)2 defines corporal
punishment to include all forms of physical and Save the Children Sweden’s Comparative Research
humiliating or degrading punishment. Corporal on the Physical and Emotional Punishment of
punishment of children and the threat of it includes Children (2005), which included the perspectives
hitting the child with the hand or with an object (such of 3,322 children from eight countries in Southeast
as a cane, belt, whip, shoe, etc.); kicking, shaking, or Asia and Pacific Region including the Philippines,
throwing the child; pinching or pulling their hair; forcing revealed that physical and emotional punishment
a child to stay in uncomfortable or undignified positions is widely used in these countries and, interestingly,
or take excessive physical exercise; and burning or the methods were very similar – spanking, hitting
scarring the child. using specific objects like a stick or belt, punching,
Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law | POLICY BRIEF 3

kicking and verbal assault.4 An unpublished study — Encouraging violence: any corporal punishment
also conducted by Save the Children Sweden in carries the message that violence is an
the Philippines (2005) revealed that 85 percent of appropriate response to conflict or unwanted
children interviewed said they are being punished in behavior. Aggression breeds aggression. Children
the home, with spanking as the most common (65 subjected to corporal punishment have been
percent), and 82 percent said that they were hit on shown to be more likely than others to be
different parts of the body.5 aggressive to siblings; to bully other children in
school; to take part in aggressively anti-social
Filipino children also experience threats of physical behavior in adolescence; to be violent to their
punishment and humiliating treatment such as spouses and their own children; and to commit
being shouted at in front of others, and being violent crimes.
labeled and denigrated.6 In the areas covered by
the UNICEF Philippines country programme, 60 — Psychological damage: corporal punishment
percent of women (3.6 million) reported that they can be emotionally harmful to children.
used at least one form of psychological or physical Studies found that most children who are hit
punishment to punish or discipline their children. In by parents will experience few or no long-
particular, 13 percent reported that they used some term problems but the proportion that do
severe physical punishment on their children.7 experience problems is at 1.8 to 3.9 times
A survey conducted among Filipino students greater risk than children who are not hit by
generated evidence that Filipino children, especially parents, depending on the type of problem.
adolescents, also experience verbal abuse, Lansford and others (2005) found that
degradation and other forms of psychological children who are disciplined with spanking
punishment, and that even these non-physical or other physical punishments are more
forms of punishment have negative effects on likely to be anxious and aggressive than
children, such as low self-worth, depression, children disciplined through other methods9.
displaced anger and aggression.8 Meanwhile, Esteban (2006) found that
children exposed to verbal abuse “displayed
Consequences and Effects a propensity for confusion, worrying, lack of
concentration, thoughts of rejection, low self-
There is a large body of international research worth, chronic fatigue, and displacement of
suggesting negative effects from corporal anger on siblings…[which] suggests a potential
punishment. These are some of them: risk for transgenerational verbal abuse.”10

— Escalation: mild punishments in infancy are so Why Prohibit Corporal Punishment?


ineffective that they tend to escalate as the child
grows older. The little smack thus becomes a There are many reasons why corporal punishment
spanking and then a beating. Parents convicted of children should be prohibited:
of seriously assaulting their children often explain • it is a violation of children’s rights to respect for
that the ill treatment of their child began as physical integrity and to human dignity, and to
“ordinary” corporal punishment. equal protection under the law;
4 POLICY BRIEF | Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law

Box 2. • Direct assault in the form of blows to any part of a child’s body such as beating, hitting, slapping
Different or lashing, with or without the use of an instrument such as a cane, stick or belt;
Forms of • Other forms of direct assault on a child’s body such as pinching, pulling ears or hair, twisting joints,
cutting and shaving hair, cutting or piercing skin, carrying or dragging a child against his or her will;
Corporal
• Indirect assault on a child’s body, through the use of power, authority or threats, to force a child to
Punishment
perform physically painful or damaging acts, such as holding a weight or weights for an extended
period, kneeling on stones, standing or sitting in a contorted position;
• Deliberate neglect of a child’s physical needs, where this is intended as punishment;
• Use of external substances–such as burning or freezing materials, water, smoke (including from
smoldering peppers), excrement or urine–to inflict pain, fear, harm, disgust or loss of dignity;
• Use of hazardous tasks as punishment or for the purpose of discipline, including those that are beyond a
child’s strength or that bring him into contact with dangerous or unhygienic substances; such tasks include
sweeping or digging in the hot sun, using bleach or insecticides, unprotected cleaning of toilets;
• Confinement, including being shut in a confined space, tied up, or forced to remain in one place for
an extended period of time;
• Any other act perpetrated on a child’s body for the purpose of punishment or discipline, which
children themselves define as corporal punishment in the context of their own language and culture
identified through scientific participatory research with children;
• Witnessing any form of violent conflict resolution;
• Threats of physical punishment;
• Verbal assaults, threats, ridicule and/or denigration intended to reduce a child’s confidence, self-
esteem or dignity.
Source: International Save the Children Alliance SEAP Region, 2003, 42-43.

• it can cause serious physical and psychological below the age of eighteen years, unless under the
harm to children; law applicable to the child, majority is attained
• it teaches children that violence is an acceptable earlier.”12 It sets the primary guideline in all actions
and appropriate strategy for resolving conflict or concerning children, which is in the best interest of
getting people to do what they want; the child.
• it is ineffective as a means of discipline–there
are positive ways to teach, correct or discipline The Committee has also emphasized that, in
children, which are better for children’s addition to being an obligation of States, prohibition
development and which contribute to building is ‘a key strategy for reducing and preventing all
relationships based on trust and mutual respect; forms of violence in societies’.13 UNCRC defines
• it is difficult to protect children if corporal substantive provisions on how children should
punishment is legitimate–this implies that some be treated in the different areas of their lives.
forms or levels of violence against children are Some provisions relate to the family environment
acceptable.11 or alternative care; others describe measures to
guarantee children a meaningful education and
Prohibition is necessary because all people, access to health care. UNCRC encompasses the
including children, have human rights to respect economic, social and cultural, as well as the civil
for dignity and physical integrity, protection from and political rights of children, making it the most
all forms of violence, and equal protection under comprehensive human rights instrument.
the law. The United Nations Committee on the
Rights of the Child has made it absolutely clear that Other UN treaty monitoring bodies including
prohibition of corporal punishment in all settings the Committee Against Torture, the Committee
is required to implement the UN Convention on on Economic, Social and Cultural Rights, the
the Rights of the Child (UNCRC). The UNCRC, Committee on the Elimination of Discrimination
one of the most widely ratified United Nations Against Women, and the Human Rights
Conventions, entered into force on September 12, Committee have also recommended that states
1990, only a year after its adoption. Under the explicitly prohibit corporal punishment of
Convention, a child is defined as “a human being children.14
Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law | POLICY BRIEF 5

Policy and Legal Environment the Rights of the Child, the international body
established to monitor governments’ progress in
The 1987 Constitution of the Philippines guarantees implementing the UNCRC. In its scrutiny of these
the right of children to assistance and special reports, the Committee has stressed the need for
protection from all forms of neglect, abuse, cruelty, changes in government structures and mechanisms
exploitation, and other conditions prejudicial to their to allow consistent consideration of children’s
development.­15 The Constitution recognizes as a rights–compatibility of legislation, national strategies
State policy the natural right and duty of parents in for children rooted in the UNCRC, analysis of the
the rearing of children, stating that: impact of proposed policies on children, budgetary
analysis, and public awareness of children’s rights,
“The natural and primary right and duty of to name just a few.
parents in the rearing of the youth for civic
efficiency and the development of moral The UNCRC serves as the moving force for the
character shall receive the support of the enactment of national laws to further protect
Government.” 16 children from different forms of abuse and
exploitation. On June 17, 1992, the Philippine
The insertion of the adjective “primary” to describe
Congress passed Republic Act 7610 (An Act
the rights of parents implies that the right of parents
Providing for Stronger Deterrence and Special
is superior to that of the State.17 However, the State
Protection Against Child Abuse, Exploitation and
has the “duty of protecting the rights of persons or
Discrimination, otherwise known as the Special
individuals who, because of age or incapacity, are in
Protection of Children Act). It provides stronger
an unfavorable position vis-à-vis other parties.”18
legislation and public policy for the care and
The Philippines was the thirty-first State to ratify protection of children in need of special protection,
the UNCRC on July 26, 1990 by virtue of Senate declaring it “the policy of the State to provide special
Resolution 109, thus, the UNCRC forms part of the protection to children from all forms of abuse,
law of the land. In the World Summit for Children neglect, cruelty, exploitation and discrimination, and
of 1990, the Philippines adopted specific goals other conditions prejudicial to their development,
for children, which resulted in the adoption in provide sanctions for their commission and carry
December 1991 of the Philippine Plan of Action for out a program for prevention and deterrence,
Children (PPAC) in the 1990s and Beyond through and crisis intervention in situations of child abuse,
Proclamation No. 855. exploitation, and discrimination”19

The Convention also requires governments to Other laws that provide Filipino children protection
provide regular reports to the UN Committee on from violence and abuse include: the Revised Penal

Save the Children Sweden 2005: Box. 3.


• 85% of children said they are punished in the home Results of
• 82% reported that they were hit on different parts of their body Studies on
• 65% reported that spanking is the most common form of physical punishment Prevalence
of Corporal
World Report on Violence and Health 2002:
• 75% of Filipino children said that they were spanked Punishment
in the
National Health Institute 2003, Department of Health, Philippines; Nationwide (community survey of Philippines
2,704 adolescents):
• 83% said they had been physically maltreated
• 60% received psychological insults and debasement

Ramiro et al., 1998 (survey of 2,550 Filipino school children from urban and rural communities):
Top abuses experienced by children:
• verbal abuse (70 %)
• physical maltreatment (60.7%)
• emotional, non-verbal abuse (45.8%)
6 POLICY BRIEF | Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law

Code (RA 3815); the Child and Youth Welfare Code psychological injury.” Based on the definition, what
(PD 603), the Family Code (EO 209); the Anti-Rape is “reasonable” and “moderate” cruelty is based on
Law of 1997 (RA 8353), the Domestic Adoption Act an assessment influenced by one’s values, beliefs,
of 1998 (RA 8552), the Anti-Violence Against Women and own experiences.
and their Children Act of 2004 (RA 9262), the Anti-
trafficking in Persons Act of 2003 (RA 9208), the As the Committee on the Rights of the Child
Juvenile Justice and Welfare Act of 2006 (RA 9344), observed, while RA 7610 broadly defines child
and the Act Providing for the Elimination of the abuse to include corporal punishment, there is yet
Worst Forms of Child Labor and Affording Stronger no explicit law prohibiting corporal punishment
Protection for the Working Child (RA 9231). in the home, in schools, and in other institutional
settings, except for children in conflict with the law
and children in detention who are now adequately
given protection and more humane treatment
under the Juvenile Justice and Welfare Act enacted
in 2006. This fact has been reinforced by a 2006
Save the Children UK study, which reviewed and
analyzed various existing Philippine laws related
to discipline and punishment of children within
the family. The study found that current legislative
provisions are too general and vague to guide
parents in the exercise of their right to discipline
children and, more importantly, to protect the
physical integrity and human dignity of children.20

Home and Family


Gaps and Weaknesses of Policies on • Existing laws are unclear and can have different
Corporal Punishment interpretations
The right to discipline and punish children accorded
At first glance, the child protection laws in the to parents are not without limitations. Philippine
country seem to be progressive. However, once the laws refer to terms such as “may be required under
definitions of terminology are examined, the laws are the circumstances,” “moderately” and “just and
revealed not to be so protective. Indeed, parents and reasonable rules, suggestions and admonitions”
legal guardians can use discipline as an argument to in the exercise of discipline and punishment. In
defend the use of corporal punishment. applying these qualifications, it is not clear whose
point of view is considered–whether that of the
The Special Protection for Children Act (RA 7610), parents or of the child. Another major concern is
which is a response to the UN Convention on that the qualifications provided by law are open to
the Rights of the Child, prohibits ”the infliction subjective interpretation. What is “moderate” and
of physical or psychological injury, cruelty to, or “just and reasonable” for the parents may already
neglect, sexual abuse or exploitation of a child.” be considered “excessive” or “unreasonable” by
Cruelty is defined as ”any act by word or deed, another set of parents. These restrictions, which
which debases, degrades or demeans the intrinsic are applied subjectively, are too general and vague
worth and dignity of a child as a human being.” to guide parents in the exercise of their right to
However, the Implementing Rules and Regulations discipline children and, more importantly, to protect
to RA 7610 defines some terms within the context the physical integrity and human dignity of children.
of the Philippine law. Physical abuse is included
in the definition of cruelty and physical injury. It • Existing laws do not cover the more common
states that “discipline administered by a parent or and lighter forms of punishment
legal guardian to a child does not constitute cruelty,
provided it is reasonable in manner and moderate General penal laws do not cover the second
in degree and does not constitute physical or category of discipline: humiliating or degrading
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punishment–which takes various forms such to agencies or centers that provide residential care
as psychological punishment, verbal abuse, service. However, it only provides that “corporal
ridicule, isolation or ignoring the child–because punishment detrimental to the residents’ emotional,
the law requires that a deed or physical act be psychological and physical development shall
committed before any person may be deemed never be used.”22 The Standards should be further
to have committed an offense.21 amended to include all forms of punishment,
physical or emotional, which violate the physical
All forms of corporal punishment of children, integrity and human dignity of the child.
however light, constitute violence against the
child. Corporal punishment is one form of Workplace
violence against children or child abuse. It is not Unlike laws on family relations, schools and
a separate method of discipline used by parents, alternative care settings, there are no provisions,
teachers or other caregivers as they see fit. In which are directly applicable to discipline and
today’s society, violence against women and punishment of children in the context of work.
elderly people are not accepted in any form. Why Although there are several penal laws that are
should it be different for children? applicable to certain acts committed against
children, a more direct provision prohibiting
• Existing laws do not cover injuries resulting from corporal and humiliating and degrading punishment
discipline administered by parents to their children of children should be enacted to cover persons who
employ them.
Even if regulations exist against the parents in
disciplining the child, the crimes covered by penal
laws are specifically defined. There is a possibility Barriers to Prohibiting Corporal Punishment
that the act of the parents in disciplining the child
may not fall under penal laws. Proponents of corporal punishment primarily base
their support for this disciplinary practice on their
interpretation of biblical statements and other
School Setting
religious teachings, or on their firm conviction that
The DepEd guidelines for both public and private physical punishment is a parental obligation or
schools prohibit the use of cruel or physically duty. Many also recount their personal experience
harmful punishment against students. However, of physical discipline within their childhood home
while the public schools’ Service Manual elaborates or school and note that, because ‘it never did them
on the rule, specifically prohibiting corporal any harm,’ it is likely to work for the next generation
punishment including humiliating and degrading as effectively. Advocates of corporal punishment,
punishment, the private schools’ Service Manual therefore, support existing legal provisions, which
does not include “humiliating and degrading provide parents a defense against charges of
punishment.” Thus, a similar provision should be assault, provided the force used was “just and
added to the manual for private schools. reasonable” and for the purpose of correcting the
child’s behavior.
Penal System
The judiciary issued guidelines specific to children Government and public will are also considered
in conflict with the law, which define and prohibit to be a barrier in prohibiting corporal punishment
corporal punishment. However, aside from in the Philippines. Without government support
prohibiting corporal punishment, the judgment for child protection and the necessary resources,
should be guided by the principle that it should not policies, systems and services, then neither
be degrading or humiliating for the child. individual professionals nor NGOs can achieve
a systematic impact to support all children (in all
Alternative Care Settings geographic areas, at all economic levels). Public
awareness and cooperation are also critical in
The “Standards in the Implementation of Residential
enabling professionals to help prevent corporal
Care Services” adopted by the Department of
punishment and child abuse.
Social Welfare and Development (DSWD) applies
8 POLICY BRIEF | Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law

Box 4. Family Code of the Philippines:


Philippine “The parents and those exercising parental authority shall have… the following rights and duties…
Laws Related (sec. 7) to impose discipline on them as may be required under the circumstances.“ (Art. 220)
to the “… parental authority [may be suspended] if the parent or the person exercising the same… (sec.
Discipline 1) treats the child with excessive harshness or cruelty.” (Art. 231)
and
Punishment Child and Youth Welfare Code:
of Children “Parents have the right to discipline their child as may be necessary for the formation of his good
character, and may therefore require from him obedience to just and reasonable rules, suggestions
at Home
and admonitions.” (Art. 45)
“Criminal liability shall attach to any parent who… (sec. 8) inflicts cruel and unusual punishment
upon the child or deliberately subjects him to indignities and other excessive chastisement that
embarrass or humiliate him.” (Art. 59)
Republic Act 7610, Special Protection of Children against Child Abuse, Exploitation and Discrimination Act
(Rules and Regulations on the Reporting and Investigation of Child Abuse Cases, Sec. 2):
“Cruelty” refers to any act by word or deed, which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being. Discipline administered by a parent or legal
guardian to a child does not constitute cruelty provided it is reasonable in manner and moderate
in degree…
RA 7610 (Rules and Regulations, Sec. 2):
Discipline…does not constitute cruelty provided it…does not constitute physical or psychological
injury as defined herein;
“Physical injury” includes, but is not limited to, lacerations, fractured bones, burns, internal injuries,
severe injury or serious bodily harm suffered by a child;
“Psychological injury” means harm to a child’s psychological or intellectual functioning, which may
be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a
combination of said behaviors, which may be demonstrated by a change in behavior, emotional
response or cognition;
Revised Penal Code (Art. 263: Serious physical injuries):
“Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious
physical injuries…[This] shall not be applicable to a parent who shall inflict physical injuries upon
his child by excessive chastisement.”
There are several factors that prevent government Philippines, there is an almost absolute respect
and the public from taking an active pro-child stand, for family privacy and parental rights. Corporal
including prohibiting corporal punishment, such as: punishment is widely practiced, accepted
and encouraged. Parents, teachers and other
— Financial concerns. Government believes that caregivers are not aware of positive parenting
child protection is expensive. What it does not and other non-violent forms of discipline as an
understand is that prevention is less expensive alternative to corporal punishment of children.
in the long-term. International donors that
provide funding directly to the government In summary:
rather than through civil society often do not
establish monitoring requirements or control to 1) There is still a general acceptance of corporal
ensure that funding is used for strengthening punishment, which stems from a very low
the effectiveness of child protection. awareness and understanding of children’s
rights by the public.
— Lack of public awareness and will. Social and
traditional norms can constrain the government 2) Structures and mechanisms for promoting,
from taking action to protect children or implementing and monitoring children’s
establish children’s rights. In a country like the rights, and addressing and monitoring child
Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law | POLICY BRIEF 9

rights violations (including cases of corporal In the House of Representatives, a similar bill,
punishment) at the national and local levels are House Bill 682, “An Act Prohibiting and Penalizing
generally weak. the Use of Corporal Punishment on Children,”
was introduced by Representative Monica Prieto-
3) Lack of effective monitoring and reporting Teodoro of the First District of Tarlac City. Both bills,
mechanisms to address the issue of corporal filed during the 14th Congress, seek to prohibit and
punishment. Local councils for the protection penalize the use of corporal punishment on children
of children, which are supposed to serve and to amend Republic Act 7610.
as mechanisms for reporting, monitoring
and addressing child abuse cases are not Also known as “The Anti-Corporal Punishment
established in many areas, and non-functional Law of 2008,” the above bill redefines corporal
in areas where these exist. punishment as an infliction of physical and mental
violence upon children as forms of punishment. The
4) The lack of said information is exacerbated by revised definition also includes any form of public
the lack of evidence-based good practices and humiliation, verbal abuse, and other humiliating and
models for prevention of corporal punishment degrading means.
and intervention programs.
The proposed bill states that any parent, ascendant,
5) Without commitment to such programs, there teacher or guardian who uses any form of corporal
are no commitments of financial allocations for punishment, whether verbal, physical, mental
these critical child protection components. or psychological, can suffer lawful penalties. The
proposed bill will also protect students from abusive
We therefore need data and evidence to establish punishments from teachers and other academic
the importance of the issue and an ensuing authorities, regardless of when or where corporal
commitment of financial resources to establish punishment was executed.
capacity to protect children (policy, systems,
services, training, and related professionals).
If passed into a law, violators shall be liable in
accordance with existing penal laws, provided that
the penalty shall be imposed in the maximum
Legislative Measures to Prohibit Corporal period, except where a higher penalty is provided
Punishment under Republic Act No. 3815, as amended,
otherwise known as the “Revised Penal Code,”
Law reform to prohibit all corporal punishment Republic Act No. 7610, otherwise known as the
and other forms of humiliating punishment of “Special Protection of Children Against Child Abuse,
children is essential for the realization of children’s Exploitation and Discrimination Act,” or Republic Act
rights. When accompanied by comprehensive and No. 9262, otherwise known as the “Anti-Violence
sustained awareness-raising, public education, Against Women and Their Children Act”. If the act is
and promotion of positive, participatory and non- not penalized under the above mentioned laws, the
violent ways to approach parenting and discipline, penalty shall be arresto mayor (1 month and 1 day
law reform sends a strong educational signal: that to 6 months) in its maximum period.
hitting or humiliating a child is just as illegal and
unacceptable as hitting or humiliating anyone else. If the penalty imposable for the act is only arresto
menor (1 day to 30 days) or arresto mayor, the bill
Thus, on November 5, 2007, recognizing the states that the prosecutor may refer the accused
prevalence of corporal punishment in the country, to the local social welfare and development office
Senator Manny Villar filed Senate Bill No.1812 titled, for assessment and intervention; provided, that the
“An Act Prohibiting the Act of Imposing Corporal offender has not been previously charged under
Punishment on Children, Amending for the Purpose this Act. The interventions shall include seminars
Republic Act No. 7610, as Amended, Otherwise on children’s rights and positive and non-violent
Known as Special Protection of Children Against discipline of children, counseling, anger management,
Child Abuse, Exploitation and Discrimination Act.” and referrals to other rehabilitative services. If the
10 POLICY BRIEF | Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law

offender is the parent or a person exercising parental The following illustrate more of what corporal
authority, the court may suspend parental authority in punishment does:
accordance with the Family Code. • ­increases anxiety and fear
• hinders the development of empathy and
Another bill, Senate Bill No. 1947 titled, “An Act compassion for others
Amending Article 218, Article 220 and Article 223 of • makes children angry in response
the Family Code to Prohibit All Forms of Corporal • heightens aggression toward others
Punishment,” was filed in the Senate by Senator • decreases compliance and increases resistance
Miriam Defensor-Santiago on December 11, 2007. • harms relationship with parent or caregiver
• potentially causes unintended and severe
Promoting Positive Discipline as an Alternative physical injury
• decreases self-esteem
Discipline is an essential part of child care. Discipline • increases the probability for an array of
helps children feel secure, meets their needs, and undesirable social and psychological behaviors
builds self-control and self-esteem. The objective of • teaches that violence is an acceptable way to
discipline is to promote behaviors that are beneficial handle conflict
to the child’s development and welfare and to
Positive discipline, on the other hand, refers to an
change and/or eliminate behaviors that are harmful
approach to parenting that teaches children and
or distressing to a child or to others. This is different
guides their behavior while respecting their rights
from punishment.
to healthy development, protection from violence,
and participation in their learning.24 It is based on the
Corporal punishment may change children’s
philosophies of Alfred Adler and Rudolf Dreikurs who
behaviors, but often through fear. It stresses what
believed that all human beings have equal rights to
children should not do, but rarely teaches them
dignity and respect. All positive discipline methods are
what to do. Children controlled by punishment
non-punitive and non-permissive. They are kind and
such as spanking or severe consequences may
firm at the same time. Kind because that shows respect
“behave” to avoid a penalty chosen by the adult.
for the child and for the adult, and firm because that
It often teaches children to hide their mistakes,
shows respect for what needs to be done.
and does not build long lasting inner controls
or cooperation. Punishment may also cause Positive discipline is not permissive parenting.
the children to focus on revenge rather than on Neither is it about punishment. It is about long-
changing behaviors. term solutions that develop children’s own self-
discipline and their life-long skills. Positive discipline
In a 1997 research, American children whose is about teaching non-violence, empathy, self-
parents used corporal punishment to reduce anti- respect, human rights and respect for others. The
social behavior actually experienced the opposite use of positive techniques in rearing and educating
result from their children and an increased children will help them grow to be responsible and
probability of aggression and other antisocial caring citizens as children are given the venue to
behavior in the long run.23 learn, think for themselves, think of others, and
take responsibility for their actions.
Disciplining children by spanking does not facilitate
learning. Instead, it may halt the unwanted The four principles of positive discipline are:
behavior only while the child is in the adult’s 1) identifying long-term childrearing goals;
presence or it may scare a child into submission. 2) providing warmth and structure;
While it may teach a child what not to do, it fails to 3) understanding how children think and feel; and
teach a child what is expected of him or her and 4) problem-solving.25
what is an alternate behavior. Additionally, corporal
punishment is most often used when the parent The following are the major characteristics of
is frustrated or does not have another resource. positive discipline:
Spanking in these circumstances may lead to • it is non-violent and respectful of the child as a
an unintentional injury or more serious abuse. learner;
Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law | POLICY BRIEF 11

• it is about finding long-term solutions that recommends such a set of policy options and
develop children’s own self-discipline; strategies here. Education should be the key goal of
• it involves clear communication of parents’ any such initiative, a principle that is emphasized in
expectations, rules, and limits; each of the strategies discussed.
• it builds a mutually respectful relationship
between parent and child; Universal Prohibition – Education Campaign on
• it teaches children life-long skills; Effective Discipline
• it increases children’s competence and
confidence to handle challenging situations; and A universal, or primary, approach to prohibiting
• it teaches courtesy, non-violence, empathy, self- parents’ use of corporal punishment would be
respect, human rights, and respect for others.26 to educate the general public about its risks
and about the benefits of using other discipline
Many parents acquainted with the term have techniques. Such an approach has the benefit
the misconception that positive discipline is a of providing a consistent message to all current
bag of techniques including time outs, natural and potential parents in the country and of not
consequences, and logical consequences. merely targeting particular populations who will
The concept has actually evolved significantly feel labeled as potential abusers. The main goals
as research and experience have shown that of such a universal approach would be to change
consequences are often just punishment in norms about the acceptability and utility of corporal
disguise. Positive discipline actually strongly focuses punishment and to increase knowledge of effective
on the benefits of regular family meetings, focusing nonviolent forms of discipline.
on solutions for misbehavior rather than blame
and on teaching children successful social skills and Targeted Interventions for New Parents and Would-
personal accountability. Be Parents
Strategies for parents and other caregivers that help While a universal campaign is crucial for changing
children learn positive behaviors include: the national debate about discipline and may be
sufficient for some parents to reduce or stop their use
• providing regular positive attention, of corporal punishment, changing actual discipline
sometimes called special time (opportunities behavior for other parents may require more
to communicate positively are important for intensive interventions. Because altering established
children of all ages); behavior patterns is difficult, many such interventions
• listening carefully to children and helping them should be preventive, targeting individuals before
learn to use words to express their feelings; they become parents. One preventive approach
• providing children with opportunities to make would be to include a curriculum on effective non-
choices whenever appropriate options exist
and then helping them learn to evaluate the
potential consequences of their choice;
• reinforcing emerging desirable behaviors with
frequent praise and ignoring trivial misdeeds; and
• modeling orderly, predictable behavior,
respectful communication, and collaborative
conflict resolution strategies.27

Policy Options and Strategies


To have all Filipinos embrace the goal of eliminating
all forms of corporal punishment of children, a
multilayered strategy of interventions is necessary.
Philippine Legislators’ Committee on Population
and Development Foundation, Inc. (PLCPD)
12 POLICY BRIEF | Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law

violent approaches to disciplining children in schools. 1. Work for the enactment of a law banning
Another targeted approach would be what is known corporal punishment of children
as tertiary prevention, in other words, one that is • explicit prohibition of all forms of corporal
targeted at parents who have already been identified punishment and any other humiliating
to have physically abused their children. treatment in all settings, including in the home;
• removal of legal defences for the corporal
Reforming Laws Regarding Corporal Punishment punishment of children;
• establishment of a range of appropriate
Effective prohibition of corporal punishment requires responses and sanctions to address the
that it be explicitly prohibited in law. This means a continued use of corporal punishment by
clear, unambiguous statement in legislation that all parents and others;
corporal punishment is prohibited. Children, like • clear direction and guidance to all providers
all people, have a right to equal protection under of services for children and families to
the law, including equal protection from assault. support and enforce prohibition;
This should apply in all contexts–in the family • comprehensive education and training
home, schools, juvenile justice systems, alternative program of parents, caregivers, and service
care (institutions, foster care, day care, etc), in the providers on positive and non-violent forms
community, and in situations of employment. of discipline and child rearing;
• establishment and strengthening of national and
community-based child protection systems; and
Recommendations • have the best interest of the child as the
primary consideration.
The Philippine Legislators’ Committee on Population
and Development Foundation, Inc. (PLCPD) is 2. Establish and strengthen the national child
committed to work towards eliminating–through protection system
policy advocacy, legal reform, education and other
measures–all forms of control and punishment of Child protection systems are structures,
children, in the family, schools and other settings, mechanisms, processes and tools (including budget
which breach children’s fundamental rights to allocations, guidelines, standards, and procedures)
respect for their physical integrity and human that, ideally, should operate in an integrated and
dignity. coordinated way to prevent, report, and monitor
cases of violence against children and respond
Protecting children from all forms of corporal punishment to such cases through programs and services for
is not only about prohibition in law. It also requires: children experiencing corporal punishment.
• public education and re-education, raising
awareness of the negative effects of corporal In the Philippines, the institutional and
punishment and of children’s rights to protection community structures in the effort to protect
from all violence and to respect for their human children include:
dignity among parents, teachers and all those • ­child protection units at hospitals;
working with and for children; • ­women and children’s desk at police stations;
• promoting positive, non-violent disciplinary • local councils for the protection of children
approaches to childrearing and education; (LCPC) and juvenile justice welfare units at
• changing the attitudes and values that underpin the barangay level;
the ways adults regard and relate to children; • Parent-Teacher Community Associations in
• establishing accessible and effective support schools;
for the family and all those with an input into • local social welfare and development offices;
children’s lives; and • Council for the Welfare of Children (CWC);
• monitoring progress towards eliminating and
corporal punishment.28 • quick reaction teams, hotlines, children’s
groups, adult support groups or
Specifically, PLCPD recommends the following neighborhood monitoring groups set up by
strategies to end corporal punishment: NGOs and the community.
Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law | POLICY BRIEF 13

The means of protecting


children in the country
also include processes and
protocols, as well as national
laws and policies, and local
codes and ordinances that
ensure children’s protection
is already in place at the
national and local levels.
However, these still need to
be strengthened to effectively Regularly assess and monitor:
address the issue of corporal punishment. To • children’s situation and experiences of
strengthen existing child protection systems, there punishment in all settings, ensuring that
is a need to: children’s perspectives are heard;
• set up processes for raising awareness • changes in children and adults’ views on
among local officials on corporal corporal punishment;
punishment; • changes in adults’ behaviour and practice;
• organize support groups of adults; • type and quality of programs and services;
• build strong networks of response and and
referral to ensure access to programs and • enforcement of laws and policies banning
services for children; corporal punishment.
• develop common standards of response
and support; and
• strengthen inter-agency and multi-sectoral Conclusion
coordination and collaboration.
Children are bearers of human rights from the
3. Promote positive discipline and non-violent moment of their birth, and they are entitled to
child rearing physical integrity and human dignity in the same
• raise public awareness about children’s way as adults. Children are human beings that are
rights and corporal punishment to adults simply younger and more vulnerable than adults.29
and children alike; The UNCRC sees the child as a subject. He or she
• encourage media to promote non-violent has the right not only to schooling, health care, and
values, and follow guidelines that protect an adequate standard of living, but also to be heard
the rights of the child in all media coverage; and have his or her views respected.
• conduct training on positive discipline in
communities; and The UNCRC is clear about how parents and other
• build the capacity of all those who work guardians cannot do whatever they like to children.
with and for children. They are not allowed to beat up or use other
methods of physical or psychological violence
4. Involve children in the development of policies against children as a means of punishment or
and programs to “teach” them a certain behavior. Adults are
• consider children’s experiences and protected against such ill-treatment. Of course,
perspectives in the development of policies children should be as well. Only zero-tolerance is
and programs that would respond to acceptable.
corporal punishment; and
• support children’s own initiatives to raise Prohibition of corporal punishment and other
awareness among other children on the cruel and degrading punishment of children is an
issue of corporal punishment and to help obligation under international and regional human
address the issue. rights instruments. Children have a right to equal
protection from assault under the law. Failure
5. Monitor children’s situation and the to enact legislation to achieve equal protection
implementation of actions and responses and that explicitly prohibits all forms of corporal
14 POLICY BRIEF | Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law

punishment represents a violation of this right, and on the proposed bill will highlight the importance
allows the near universal social acceptance and use of the government responding to treaty body
of corporal punishment in childrearing to continue recommendations and strongly recommend that
unchecked. the authors of the bill introduce it as a matter of
urgency to:
The proposed Anti-Corporal Punishment law will
prohibit all corporal punishment and other cruel • prohibit corporal punishment of children in
or degrading forms of punishment to protect the all settings, including in the home;
physical integrity and human dignity of Filipino • include the prohibition of all corporal and
children against abusive forms of discipline at home, degrading forms of punishment of children;
in schools and other institutional settings. Existing • promote positive and non-violent discipline
Philippine laws in restricting corporal punishment do of children; and
not cover humiliating or degrading punishment. • provide budget allocation for the
implementation of laws related to children’s
The primary purpose of law reform is not to keep rights.
the courts busy prosecuting parents and causing
disharmony within families, but to send a concrete Ending all forms of corporal punishment requires a
message about the unacceptability of violence combination of legal reform and public education.
against children. Prohibiting all forms of corporal Legal reform is essential to send clear messages
punishment in law will set the standard. The best that hitting or humiliating children is just as
interest of the child is the guiding principle in its unacceptable as hitting or humiliating anyone else.
implementation. But legal reform will achieve little unless it is well
publicized among children and adults and linked to
Thus, PLCPD supports the move towards law the promotion of positive, non-violent discipline.
reform made in the form of draft legislation that Programs and materials need to be developed to
has been filed in the Senate and the House of give positive advice on effective ways of discipline
Representatives. PLCPD hopes that the deliberation to parents, teachers and others.

Appendices
Appendix 1. States with Full Prohibition of Corporal Punishment

In the following 23 states, children are protected by law from all forms of corporal punishment30

Costa Rica (2008) Spain (2007) Portugal (2007)


Venezuela (2007) Uruguay (2007) Greece (2006)
New Zealand (2007) Netherlands (2007) Ukraine (2004)
Hungary (2005) Romania (2004) Israel (2000)
Iceland (2003) Germany (2000) Latvia (1998)
Bulgaria (2000) Croatia (1999) Austria (1989)
Denmark (1997) Cyprus (1994) Sweden (1979)
Norway (1987) Finland (1983)

In addition, in Italy, the Supreme Court in Rome declared in 1996 all corporal punishment to be unlawful;
this is not yet confirmed in legislation. In Nepal in 2005, the Supreme Court declared null and void the legal
defense in the Child Act allowing parents, guardians, and teachers to administer a “minor beating”; the Child
Act is yet to be amended to confirm this.
Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law | POLICY BRIEF 15

Appendix 2. East Asia and Pacific: Progress towards prohibiting all corporal punishment

Note: The following information has been compiled from many sources, including reports to and by the United Nations human rights
treaty bodies. Information in square brackets is unconfirmed.

Prohibited in penal system Prohibited in


Prohibited in the Prohibited in
State As sentence for As disciplinary alternative care
home schools
crime measure settings
Australia NO SOME YES SOME SOME
Brunei Darussalam NO NO NO NO NO
Cambodia NO YES YES YES NO
China NO YES YES YES [NO]
Cook Islands NO NO YES NO NO
DPR Korea NO NO YES [YES] NO
Fiji NO YES YES YES NO
Indonesia NO NO SOME NO NO
Japan NO YES YES YES NO
Kiribati NO YES NO NO NO
Lao PDR NO YES YES YES NO
Malaysia NO NO NO NO NO
Marshall Islands NO YES YES YES NO
Micronesia, Fed. NO [YES] YES NO NO
States
Mongolia NO YES YES NO NO
Myanmar NO NO YES NO NO
Nauru NO [NO] [YES] NO NO
New Zealand YES YES YES YES YES
Niue NO NO YES ??? [NO]
Palau NO NO YES NO NO
Papua New Guinea NO NO YES YES SOME
Philippines NO YES YES YES SOME
Republic of Korea NO NO YES YES [SOME]
Samoa NO NO YES [NO] NO
Singapore NO NO NO NO SOME
Solomon Islands NO NO YES YES NO
Taiwan NO YES YES YES NO
Thailand NO YES YES YES NO
Timor-Leste, DR NO NO YES YES NO
Tonga NO YES NO NO NO
Tuvalu NO NO SOME NO NO
Vanuatu NO YES SOME YES NO
Viet Nam NO NO YES YES NO
TOTALS
Prohibited 1 15 25 17 1
Not prohibited 32 18 8 15 32
Legality unknown - - - 1 1

Source: Global Initiative to End All Corporal Punishment of Children (www.endcorporalpunishment.org), March 2009
16 POLICY BRIEF | Parenting without Punishing: A Policy Brief on the Proposed Anti-Corporal Punishment Law
Endnotes 16
Ibid., art. II, sec. 1.
17
Bernas, S.J., Joaquin G. (2003), The 1987 Constitution of the
1
Committee on the Rights of the Child, CRC General Comment Republic of the Philippines: A Commentary, Manila: Rex Bookstore,
No. 8 (2006): The Right of the Child to Protection from Corporal p. 79.
Punishment and Other Cruel or Degrading Forms of Punishment (Arts. 18
Nery, et al., vs. Lorenzo, et al., G.R. No. L-23096.27, 27 April 1972,
19; 28, Para. 2; and 37, inter alia), 2 March 2007. CRC/C/GC/8. cited in Save the Children UK (2006), Philippine Laws Related to
Online. UNHCR Refworld, p. 4, (http://www.unhcr.org/refworld/ the Discipline and Punishment of Children, Quezon City: Save the
docid/460bc7772.html) Children UK Philippines Programme, p. 20.
2
Ennew, J. & Plateau, D.P. (2004), How to research the physical and 19
Republic Act No. 7610, An Act Providing for Stronger Deterrence
emotional punishment of children, Bangkok, International Save the and Special protection against Child Abuse, Exploitation and
Children Alliance. (http://www.scslat.org/search/publieng.php?_ Discrimination, and for other Purposes, art. 1, sec. 2.
cod_92_lang_e) 20
United Nations High Committee on the Rights of the Child
3
De la Cruz, T. et al. (2001), Trust and power: Child abuse in the (2007), Consideration of reports submitted by states parties under
eyes of the child and the parent, UP-CIDS Psychosocial Trauma and article 44 of the convention, Third and fourth periodic reports of States
Human Rights Program, Manila. parties due in 2007, Philippines, para. 116, p. 37. ( http://www.
4
Beazley, Harriot et al. (2005), Comparative research on physical and humanrights.gov.ph/docs/CRC_3rd-4th-2007%20periodic%20
emotional punishment of children in Southeast Asia and the Pacific reports.pdf )
2005. Regional Protocol, Save the Children Sweden Regional Office 21
Save the Children UK Philippines Programme (2006), Philippine
for Southeast Asia and the Pacific, Bangkok, p. 3. (http://www. Laws Related to the Discipline and Punishment of Children, Quezon
violencestudy.org/IMG/pdf/220905-02.pdf ) City: Save the Children UK, p. 118.
5
Save the Children-Sweden (Unpublished; 2005), Research on 22
Department of Social Welfare and Development Administrative
corporal punishment in Bagong Silang, Caloocan City and Cebu Order No. 141, Standards in the Implementation of Residential Care
City, United Nations High Committee on the Rights of the Child Services, part III, sec. 1.4.
(2007), Consideration of reports submitted by states parties under 23
Straus, M.A., Sugarman, D.B., & Giles-Sims, J. (1997). Spanking by
article 44 of the convention, Third and fourth periodic reports of parents and subsequent anti-social behavior of children. Archives of
States parties due in 2007, Philippines, para. 114, p. 37. ( http:// Pediatrics & Adolescent Medicine 151, pp. 761-767.
www.humanrights.gov.ph/docs/CRC_3rd-4th-2007%20periodic%20 24
Durrant, J. E. (2007), Positive Discipline: What it is and how to do it
reports.pdf ) (Primer), Bangkok, Save the Children Sweden Southeast Asia and
6
Beazley, H., S. Bessell (2006), et al., pp. 12-19. the Pacific, p. 1. (http://seap.savethechildren.se/upload/scs/SEAP/
7
United Nations Children’s Fund (207), Philippines Sub-Regional publication/publication%20pdf/violence/Positive%20Discipline%20
Multiple Indicator Cluster Survey 2007 Summary%20Brochure.pdf )
8
Esteban, E. (2006), “Parental Verbal Abuse: Culture-Specific Coping 25
Ibid.
Behavior of College Students in the Philippines.” Child Psychiatry and 26
Interview with Joan E. Durrant, Ph.D. (http://seap.savethechildren.
Human Development, Vol. 36, No. 3. (March 2006), pp. 243-259. se/upload/scs/SEAP/publication/publication%20pdf/violence/
9
Lansford et al. cited in “Spanking Leads to Child Aggression and Anxi- Positive%20Discipline%20interview%20brochure24Aug07.pdf )
ety, Regardless of Cultural Norm” Science Daily, 14 November 2005. 27
Kohlberg L. (1964), Development of moral character and moral
10
Esteban, op cit. ideology. In: Hoffman ML, Hoffman LW, eds. Review of Child
11
Adapted from Council of Europe, Abolishing corporal punishment. Development Research, New York, NY: Russell-Sage Foundation;
The key points. (http://www.coe.int/t/transversalprojects/children/pdf/ pp. 383–431
triptyqueCP_en.pdf ) 28
Rustemier, S. (2006), Corporal punishment of children vs. alternative
12
Convention on the Rights of the Child, art. 1. disciplinary approaches, Global Initiative to End All Corporal
13
Global Initiative to End All Corporal Punishment of Children Punishment of Children. (www.ispcan.org/documents/VID/
(2008), Prohibiting corporal punishment of children: A guide to legal Corporal-punishment-position-paper.pdf )
reform and other measures, General Comment No. 8, para. 3. 29
Ennew, J. & Plateau, D.P. (2004), How to research the physical and
14
Global Initiative to End All corporal Punishment of Children and Save emotional punishment of children, Bangkok, International Save the
the Children Sweden, 2008, Ending legalized violence against children, Children Alliance. (http://www.scslat.org/search/publieng.php?_
Global report 2008, p.1. (http://www.endcorporalpunishment.org/ cod_92_lang_e)
pages/pdfs/reports/GlobalReport2008.pdf ) 30
Global Initiative to End All Corporal Punishment of Children, States
15
The 1987 Constitution of the Republic of the Philippines, art. XV, with full abolition (http://www.endcorporalpunishment.org/pages/
sec. 2. frame.html)

PEOPLE COUNT
PLCPD POLICY BRIEF 2009

A publication developed by the Philippine Legislators’ Committee on Population and Development Foundation, Inc. (PLCPD)
for the Child Rights Network (CRN) with support from Save the Children.

2/F AVECSS Building, #90 Kamias Road. cor. K-J Street, East Kamias, Quezon City 1102, Philippines
Tel. nos.: (+632)925-1800 • (+632)436-2373
E-mail: plcpdfound@plcpd.org.ph
Website: http://www.plcpd.org.ph Since 1989
Executive Director: Ramon San Pascual, MPH
Editors: Ernesto Almocera, Jr. and Ma. Cecilia de los Reyes
Layout: Dodie Lucas
PLCPD
Philippine Legislators’ Committee
on Population and Development
Foundation, Inc.

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