REP. SUSAN YAP (Second District, Tarlac) PRESSCON STATEMENT
Save the Children Forum, February 1, 2012

In a country where cultural beliefs reinforce corporal punishment as a form of instilling discipline in children, it seems a long way to go before we can finally put an end to this violence that is most prevalent in a Filipino home. We often hear stories from our parents where they were forced to kneel on munggo beans, rock salt, or dried corn kernels by their parents every time they would commit mistake. Sadly, this kind of discipline has been going on from generation to generation. This is also the reason why there has been a heated debate before the Anti-Corporal Punishment bill or what we now call as the Positive and Nonviolent Discipline of Children Act (HB 4455) before passing Third and Final Reading in the House of Representatives filed by Rep. Susan Yap (Second District of Tarlac).

Since the 14th Congress, a number of bills which would prohibit corporal punishment have been filed but have failed to progress through both houses. To date, our bill is still pending in the Senate. Recognizing the importance of enacting this piece of legislation, advocates of the anti-corporal punishment bill have urged President Aquino to place the measure in the list of legislative priorities to be taken up by the Legislative-Executive Development Advisory Council.

As a major proponent of this bill, I have often times found myself defending the need for a legislation that would expressly prohibit corporal punishment when the Philippines already has laws on child abuse. True, corporal punishment is prohibited in schools, in the penal system and in residential care institutions but it is still lawful in the home and in other care settings. In fact, we have numerous laws that provide defense if not directly support the use of corporal punishment in childrearing, i.e. Article 220 of the Family Code (1987), which states that the rights and duties of those exercising parental authority over children include “to impose discipline on them as may be required under the circumstances”. Likewise, Article 45 of the Child and Youth Welfare Code (1974) confirms the right of parents “to discipline the child as may be necessary for the formation of his good character”. These are only to name a few.

As it stands now, the penal provisions on child abuse cover the more common forms of corporal punishment prevalent at home, i.e. verbal abuse, hair pulling and spanking. The law on Special Protection of Children Against Abuse, Exploitation and Discrimination Act (Republic Act 7610) even states that corporal punishment is not considered a form of cruelty so long as it is done or exercised in a reasonable way, is moderate in degree, and does not constitute physical and psychological injury.
Clearly, the Philippines need a law that would fill in the existing gaps in legislation and expressly prohibit the use of corporal punishment in all settings. The enactment of this law would help us provide clear guidelines that can finally put an end to our cultural belief that it is alright to hurt our children in the guise of discipline. A well-crafted legislation on positive and non-violent discipline will not only help end this violence at home, it would also help Filipino parents and other adults exercise their right to discipline children in a manner that upholds the children’s right to dignity and physical integrity.

The time is now for Filipino parents to accept the fact that corporal punishment is not an accepted mode of disciplining our children. Corporal punishment is a human rights violation and whatever cultural notions we have about it does not make it right and acceptable. The only way the Philippines can effectively eliminate corporal punishment of children is by addressing the gaps through the enactment of a law that would not just penalize corporal punishment of children but actively promote positive and nonviolent discipline of children.

I end this with a fervent hope that our goal of ending corporal punishment in the Philippines will be one step closer to reality this 15th Congress. Indeed, legislation will the pave way to making sure that our country will have no more “Nene” that will be made to endure kneeling down on rock salt by her own mother, and no more “Totoy” will be made to stay inside a closet without food for the night. I, together with the other proponents of the bill in the lower house, strongly urge our Senate counterpart to pass this very important piece of legislation so that the Philippines can be the first in Asia to make Filipino children safer in their own homes.

HB 4455 Positive Discipline in Lieu of Corporal Punishment of Children Act of 2011

The Anti-Corporal Punishment Bill recently passed in the House of Representatives but is still pending at the Senate could be first in the entire Asia, a visiting UN official said during her dialogue with children and the child rights advocates in Manila today.

According to Marta Santos Pais, Special Representative of the Secretary General (SRSG) on Violence against Children, the proposed legislation could be first in the entire Asia should the Philippine Congress pass it this year. During the event, Marta said that she is going to speak about her visit in the Philippines during the UN meeting on violence against children in Geneva set March this year.

“I will mention my visit in Manila and tell them that the Philippines is one of the most important countries where I had a dialogue with the children themselves and heard their recommendations on how to eliminate violence among them,” said Marta.

She added, “I will also tell them that a law on anti-corporal punishment has been passed in the House of Representatives but is still pending in the Senate. I will also tell them that the bill needs to be passed as quickly as possible.”

House Bill 4455 titled “Promoting Positive Discipline of Children and Prohibiting Corporal Punishment Act” authored by Rep. Bernadette Herrera-Dy of Bagong Henerasyon Party List and Rep. Susan Yap of 2nd District of Tarlac was passed in 2011. The bill seeks to promote positive discipline techniques in all settings, including the home and institutions.

During the dialogue, children shared their situation and expressed their hope to be protected from all forms of abuse. One participant, a street child, laments the kind of treatment they experience inside temporary shelters where they are placed after being “rescued.” He said that they are treated like criminals when they are not; they are restricted as if they are in jail and are not allowed to play like children do. To make matters worse, these shelter staff orders older children to physically punish the younger ones.

He said, “ang trato po sa amin ay parang ganon na rin sa mga matatandang nagkakasala na nakakulong.”

Meanwhile, the Child Rights Network (CRN), a coalition of non-government and civil society organizations expressed hope that that the consultation and the recommendations gathered from various sectors will reach the proper authorizes through the United Nations.

Ms. Wilma Bañaga, Child Protection Adviser of Save the Children, CRN member said, “we hope that these recommendations will not fall on deaf ears and that our lawmakers and the concerned agencies will seriously consider enacting laws, strictly implementing existing laws, and establishing mechanisms to eliminate violence against children.

Here is the bill.

HB 4455 Positive Discipline in Lieu of Corporal Punishment of Children Act of 2011

Child Rights Situation

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Save the Children’s twelfth annual Mothers’ Index compares the well-being of mothers and children in 164 countries – more than in any previous year. The Mothers’ Index also provides information on an additional eight countries, four of which report sufficient data to present findings on children’s indicators. When these are included, the total comes to 172 countries.

Norway, Australia and Iceland top the rankings this year. The top 10 countries, in general, attain very high scores for mothers’ and children’s health, educational and economic status. Afghanistan ranks last among the 164 countries surveyed. The 10 bottom- ranked countries – eight from sub-Saharan Africa – are a reverse image of the top 10, per- forming poorly on all indicators. The united States places 31st this year.

The twelfth annual Mothers’ Index helps document conditions for mothers and children in 164 countries – 43 developed nations and 121 in the developing world – and shows where mothers fare best and where they face the greatest hardships. All countries for which sufficient data are available are included in the Index. Why should Save the Children be so concerned with mothers? Because more than 75 years of field experience have taught us that the quality of children’s lives depends on the health, security and well-being of their mothers. In short, providing mothers with access to education, economic opportunities and maternal and child health care gives mothers and their children the best chance to survive and thrive.

The Index relies on information published by governments, research institutions and international agencies.

The Complete Mothers’ Index, based on a composite of separate indices for women’s and children’s well-being, appears in the fold-out table in this appendix.

See the findings on page 30 of the study shown below the cut.

Norway generally performed as well as or better than other countries in the rankings on all indicators. It has the highest ratio of female-to-male earned income, the highest contraceptive prevalence rate, one of the lowest under-5 mortality rates and one of the most generous maternity leave policies in the developed world.

The Philippines is classified in Tier 2 under less developed countries minus least developed countries. Out of the 79 countries in Tier 2, the Philippines ranked 49 in the Mother’s Index Rank while the Children’s index rank is 65 out of 81 countries.

These statistics go far beyond mere numbers. The human despair and lost opportunities represented in these numbers demand mothers everywhere be given the basic tools they need to break the cycle of poverty and improve the quality of life for themselves, their children, and for generations to come.

2011 Mother’s Index

A group of child rights advocates expressed appreciation with the House of Representatives for the approval of an important legislation that will protect the rights of children against abuse.

The bill, “An Act Promoting Positive and Non-violent Discipline of Children” authored by Reps. Susan Yap (1st District, Tarlac) and Bernadette Herrera-Dy (Bagong Henerasyon Partylist), was approved in the House of Representatives on 3rd and final reading.

According to Ernesto Almocera, Jr. of the Philippine Legislators’ Committee on Population and Development Foundation, Inc. (PLCPD) and the Child Rights Network (CRN) Secretariat, the bill promotes the use of non-violent means to discipline children instead of corporal or physical punishment which has negative effects to children.

Almocera explains, “the passage of the bill in the House of Representatives is a step towards the fulfillment of the Philippines’ obligation to the United Nations Convention on the Rights of the Child (UNCRC) which has recommended the passage of a bill that will end physical punishment.”

Corporal punishment as defined by the UNCRC is any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. It also considers corporal punishment and other non-physical but equally cruel and degrading forms of punishment, which includes punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child.

Meanwhile, the group has high hopes that the senate will take a cue and will also fast track the hearing of the counterpart bill filed by Sen. Jinggoy Estrada pending at the Committee on Youth, Women and Family Relations chaired by Sen. Pia S. Cayetano.

“CRN is looking forward to the swift movement of the Senate bill to expedite the enactment of a law that will help parents and other individuals who have responsibility over children teach discipline without physically or psychologically hurting them,” explained Almocera.

“More importantly, it will also protect the rights of children against any form of abuse in other settings such as the school, alternative care centers and even at home.” ended Almocer.

Studies show thousands of children suffer injuries as a result of corporal punishment.

Here is the bill.

HB 4455 Positive Discipline in Lieu of Corporal Punishment of Children Act of 2011

Child Rights Situation

by Yfur Porsche P. Fernandez

Despite the Internet’s appreciation as an accepted information source, non-adult consumers should still be aware of its limitations and threats.

However, while books are still regarded as the most trusted sources, sets of good references are also now available online.

A ‘rational’ choice?

As many people consider the Internet as an inseparable part of today’s educational system, increasing number of academic institutions view it as an almost, if not an indispensable component of a ‘revolutionized’ educational structure, especially in the post-modern culture.

While this medium has metaphorically minimized the pain and maximized the gain of students, researchers and other Internet-users, a direct consequence of it now flounders — as it moves closer to the consciousness of its principal consumer,the young minds.

Being mindful, not alarmist

The society (parents, private sector and education authorities) faces a demanding and challenging task of protecting students from negative elements the Internet has uncovered – including, but not limited to pornographic sites, sexual dating sites, and many others.

Putting it in context, though the Internet has irrefutably contributed useful and speedy impacts on today’s social DNA, it has unfortunately magnified sinister elements to flow liberally and navigate spontaneously, in an instant.

Highlighting the “goods”

Recognizing the share of Internet’s bad effects, many U.S. academicians nowadays, are promoting e-books, which are technically books, discarding the sensation of experience, due to its very nature of being “electronic.”

An article entitled Best References for Students Today presents a list of top websites that vows to address the educational needs of the students today.

The list includes general publications, electronic libraries, organization websites, government portals, news agency sites and other relevant materials. (Suite 101 Media, published October 14, 2010, accessed July 29, 2011)

Here are some of the links applicable to the Philippines:

• Encyclopedia Britannica – an online version of one of the world’s most trusted sources of information on science and technology, history and society, arts and entertainment, travel and geography and many others

• Information Please Almanac – a useful tool to search facts on a wide array of subjects

• iTools Research –collection of online dictionaries, translations, quotations and more

• Smithsonian Institution – a user-friendly site from the world’s largest museum complex and research organization

‘Erosion of the Mind’

Neil Maroki, in The Impact of the Internet on the Educational Systems in the New Millennium,says one major drawback of the Internet is the erosion of the mind.

He writes, “The Internet will eventually cause the mind to be obsolete simply because it will not be used anymore. For this reason, the thinking ability will greatly diminish and man will not be able to do simple things in the future.”

Maroki explains that it will greatly affect the educational process in the future because the thinking abilities of the students will be impaired and the information will be stored in the computer’s memory not in the student’s mind.

At the moment, what appears to be the problem is the limitless movement of information of “all” kinds. While there is already an option to filter searches, one can still choose to turn this option off as a human tendency.

The medium has apparently launched a wide array of risky and malicious content sources and research sites. Most of them successfully intrude the moral and values, if not tease young minds’ vulnerabilities.

An integrated role

Even though reference tools and research sites are now available in just few clicks, parents still have supervisory roles in a child’s consciousness-building.

On the one hand, public officials should make it a crusade not to stop framing tangible and accurate measures to lure away non-adult users from insidious mechanisms that aim at corrupting their minds — even if this means some sides affronted.

The Internet definitely has good use, as long as it is neither misused nor abused. Each of us may take part in wisely maximizing its advantages and utilize its product for a good cause.

While we may not, at this moment obliterate its share of disadvantages, we can start echoing our sentiments to debunk its “improper” use.

Though this may sound an ‘old moniker,’ the youth really is the frontrunner of the society, and therefore realistic preparations are necessary before win.

Bagong Henerasyon Party-list Rep. Bernadette Herrera-Dy said the massive public debates of the alleged child abuse committed at the Willing Willie show generated massive public debate. This made it necessary for Congress to look into the controversy last April and determine measures that would further guarantee legislative protection for children.

HB 4455 or the Positive Discipline in Lieu of Corporal Punishment of Children Act of 2011 passed for third reading in the Lower House by the end of April 2011. It incorporates Bagong Henerasyon Party-list Rep. Bernadette Herrera-Dy bill seeking to prohibit all manners of physical punishment and other forms of disciplinary penalty, including humiliating or degrading methods, against a child.

The bill will become a law once the Senate approves of it.

The measure promotes positive and non-violent ways of disciplining minors.

Among the punishments to be prohibited are pinching (kurot), pulling of ears (pingot) or hair, cutting or shaving of hair, spanking with hand and whipping with belt, among other things.

The bill also considers as unlawful the use of power, authority or threats on the child and forcing the minor to kneel on stones, salt or pebbles and squatting.

According to Rep. Bernadette Herrera-Dy , confining, tying up or forcing a child to remain in one place for an extended period of time, verbal assaults, scolding and ridiculing the minor will also be considered illegal acts.

“Making a child look or feel foolish in front of one’s peers or the public is also considered unlawful under HB 4455,” Herrera-Dy said.

“Various researches show that corporal punishment is ineffective in disciplining children of all ages and, most often, it produces anger, resentment and low self-esteem on children,” Herrera-Dy said.

Studies show thousands of children suffer injuries as a result of corporal punishment.

Here is the bill.

HB 4455 Positive Discipline in Lieu of Corporal Punishment of Children Act of 2011

Child Rights Situation

The End Child Abuse in facebook is also actively engaged in Twitter. Well, the @parasamgabata gives out news about child abuse. But other than the news, many of us are now actively engaged in twitter. Tuloy ang laban.

Aside from myself as @momblogger, meet the rest of our feisty team members. Hope you can follow them.

@pas_de_bully @Liangzhudi @jozythology @white_bite @greenminds @jaycecjacinto @thePrinceJayR @peachybrets @gelolopez @rcrevolutions @banannarama

How can you help?

On July 10, the prosecutor’s office will decide on the merits of the child abuse cases we filed. The show is still also running, and they say, gaining ground. What we can do:

1. If you pray, please do.
2. Tweet (tag with #endchildabusePH).
3. Post and repost.
4. Write advertisers.
5. Tuloy lang ang laban.

Here are some of the updates from our Facebook page

Legal

For the child abuse case filed against Willie Revillame
Three cases were filed with the QC Prosecutor’s Office. The first one is by SCREAM, the second one is by Sec. Dinky Soliman of DSWD, and the third one is by 4 concerned citizens, 3 of them are members of the core group of this community. WR’s camp were given the opportunity to submit their counter affidavit, and we were given the opportunity file our comment on their counter. The case is now up for a resolution – meaning the prosecutor will decide wheter there is probable cause and then we will proceed with the trial. We expect the decision to come out no later than July 10. The law firm Divino and Gavino has volunteered to handle our case.

For the libel case filed against the members of this community
The libel and child abuse case was filed by the Suan’s against me, John Silva and Dr. Honey Carandang. Atty. Rommel Bagares of the law firm Roque and Butuyan is representing me. We were given the opportunity to file our counter affidavit, where we also filed perjury charges against the complainants for claiming that we were the ones who spliced the video and posted it online. Evidence would show, however, that it was the uncle and the dad of the boy who first posted the alleged spliced video. Mr. John Silva was given until June 28 to submit his counter affidavit, after which the complainants will be given the opportunity to comment on our counter, and then the prosecutor will decide whether there is probable cause for case to proceed.

The show
The show was suspended by MTRCB for one month, and last May 14, it went back on air but with fewer sponsors. Companies owned by Mr. Manny Pangilinan were the ones who advertised on the show, namely Smart and Meralco, among others. Unilever and Procter and Gamble, as of today, have not resumed their sponsorship on the show. Mang Inasal (owned by Jollibee), however, have resumed their advertising in the show.

The show is also under probation from MTRCB and they have to get their permit on a per-day basis. The station has also imposed a moratorium on participation of children on all their live games shows. These are the things that we have to make the show and the station accountable to.

The community
We had our first General Meeting last June 4 and the core group also meet regularly. We are growing and working on our next steps. The members of the core group will be presented in the next post.

Next Steps
We are currently working on two things:

National Forum on Child’s Rights
Para Sa Mga Bata website

Note: Details on these activities will be posted next.

This is a Stop Child Rights Exploitation and Abuse in Media! (SCREAM) statement. SCREAM is a coalition group composed of civil society groups , child advocates, private citizens and other NGOs. A complaint has already been filed at the courts.

The 12 March episode of “Willing Willie” where six-year old Paolo (not his real name) was made to dance a simulated striptease immediately drew criticism from many civil society organizations (CSOs), rightly so. Since then, however, public relations spin have tried to muddle the issue, mislead the public and undermine our criticism and outrage.

1. First, we stress that the victim here is — the boy. Being made to gyrate five times, on national TV and at one point on a platform with sexy dancers around, debased and demeaned the six-year-old boy’s worth as a human being. According to our laws, this is child abuse. Paolo was not only too young, but also comes from the vulnerable sector, to be able to defend himself from the humiliation heaped upon him by the host, the program and the station. If he had been the child of a network executive, would he have even been made to gyrate, five times, on national TV–at one point on a table even, like a sexy dancer in a beer garden?

2. This is not a network war. True, personalities associated with ABS-CBN Channel 2 have spoken against the incident, initially via social media. But the rest of us, including individuals and organizations that see the need to pursue this matter in the court of law, are not in any way associated with ABS-CBN or any other network for that matter. Neither are the few other personalities that have expressed their disapproval of the abuse of the boy.

3. This is not a “class war.” True, some of those concerned citizens who have spoken against the main host of “Willing Willie” show are experts in their particular specializations, such as John Silva and Dr. Honey Carandang. But that is immaterial. What matters is that Republic Act 7610 or the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act of 1992” and other related laws were violated. And, whenever a law is violated, the offenders must be held accountable, regardless of their status in life. We, in civil society, realize only too painfully how this principle is often observed in the breach in our country, and this is precisely what drives civil society’s persistence with its causes and our advocacies—the underlying hope for justice.

Even when the program was still called “Wowowee” and was aired on ABS-CBN, where the main host was also coddled because no one kills the goose that lays the golden egg, the people’s poverty was a mere tool for earning millions. The people’s despair for dole-outs was used to the hilt so the producers could enrich themselves. The losses from the periodic suspension of the program were a pittance in contrast to the people’s grinding poverty that the carrier network and the show’s producers parlayed into a tremendous money-making machine. We believe that whatever the status in life, every person must be accorded with respect and dignity due them. Economic vulnerability must be treated with sensitivity. Time and again, we have seen circumstances where economic vulnerability has been preyed upon to entice and convince those vulnerable, all for the purpose of exploitation. We cannot allow media to desensitize the vulnerable, it is not “ok” to be exploited simply because you have no other economic recourse or option. To help the vulnerable is also to respect their basic dignity as a human being.

4. When we move on, we must do so with the issue legally and fully resolved. We welcome various proposals to help improve the quality of TV programming to make it more child-sensitive and gender-responsive, and to promote the development of our people. This incident highlights the need to strengthen protection policies to prevent the exploitation of the vulnerable sectors of our society, but we stand by our conviction that violation of the law has consequences and accountability must be pursued precisely because we have existing protective and preventive measure that we cannot simply set aside and ignore. Otherwise, strengthening these policies will also become pointless.

To move on without ensuring that justice has been served is the best guarantee of a repeat of the tragedy that befell Paolo. True, there have been other instances of child abuse on television, but none as blatant and as degrading. If other instances of child abuse went unchecked, this is our collective failure. It suggests our neglect, maybe even our desensitization to situations of abuse as they unfold before us. The abuse of Paolo and other children speaks to our dark side that we cannot bring ourselves to acknowledge and correct. But not anymore. Our witness of his terrible experience on “Willing Willie” demands that we act on his behalf, and on behalf of other children.

5. The problem of child abuse is as urgent and important as the other issues facing civil society. We reject the notion that in the hierarchy of social ills, child abuse ranks somewhere below others, and that we must turn our attention to the more pressing ones. True, corruption, climate change, environmental degradation, etc. are making claims on our limited time and resources. But more so the security and welfare of our children who, in a few years, will be our partners in any project for justice, peace and equitable development; and in a few more years, will be the leaders of this.

We enjoin our colleagues in civil society, public and private sectors and all responsible individuals to observe more keenly how the process of “grooming” of our children into adopting sexually charged behavior, roles and activities, such as macho-dancing, which objectifies them, has gone unabated, especially in media. Grooming normalizes sexual abuse, it happens over time, and conditions the mind of a child to the point that by the time actual sexual abuse/assault is perpetrated, the child no longer offers resistance.

We ask more concerned citizens to join us in the pursuit of justice for Paolo, in the indictment of all child abusers and in the goal to stop the exploitation of children, especially those economically vulnerable, in media. The legal complaint against “Willing Willie” and TV5 is a landmark case, as it challenges public perception and misconception that for child abuse to exist, we must see a physically battered, bloodied, black and blue and/or pitiful-looking child. Protecting children from abuse is not about pity, it is an obligation of every responsible and concerned individual. It is a responsibility of every adult and stakeholder, and a demandable right of every child. As the first criminal complaint ever to be brought against powerful media/entertainment entities, its successful litigation will be society’s clearest articulation yet of its solemn duty to better protect its children’s rights and interests.

Signed:

Alliance of Progressive Labor (APL)
ASIA Against Child Trafficking (Asia ACTs)
Bagong Kamalayan
Coalition Against Trafficking in Women – Asia Pacific (CATW-AP)
Create Responsive Infants by Sharing Foundation (CRIBS)
Cristina Gaerlan
ECPAT
Edna and Alex Aquino
Jessan Catre
Judith Albano
Open Heart Foundation
Para sa mga Bata (Movement to End Child Abuse)
Partido ng Manggagawa (PM)
Philippine Education Theater Assoication (PETA)
Philippines Against Child Trafficking (PACT)
Psychosocial SUpport and Children’s Rights Resources Center (PST CRRC)
Ryan Silverio, Southeast Asia Coalition to Stop the Use of Child Soldiers (SEASUCS)
Save the Children – Philippines
up! Volunteers
Women’s Education, Development Productivitiy & Research Organization (WeDpro)
Institute of Women’s Studies – St. Scholastica;s College