NEVER in the history of Philippine legislature has a bill appeared with all of the hallmarks of a losing battle: House Bill (HB) 4907, also known as the Positive Discipline Act, or the “no spanking bill.” Filed by Tarlac Second District Rep. Susan Yap, the bill begins with the premise that physical abuse of children is “never an acceptable form of discipline.”
The problem with this premise is that it presumes that most, if not all, forms of physical and verbal discipline borders on abuse.
This is understandable, but nonetheless, erroneous. While statistics show that children often suffer physical and psychological abuse from parents or guardians, the word “abuse” must first be clearly defined in order for it to fall under an already existing law, which is Republic Act 7610, or “The Special Protection For a Child Against Abuse, Exploitation and Discrimination Act.” This however, would make Yap’s
HB 4907 moot.
“Child abuse,” according to the Department of Justice (DOJ), is defined as “any act which inflicts physical or psychological injury, cruelty to or the neglect, sexual abuse of, or which exploits, a child.”
“Cruelty,” based again on the DOJ, “is any word or action, which debases, degrades or demeans the dignity of a child as a human being.” It clearly states that discipline given by a parent or legal guardian on a child is not considered cruelty when “reasonably administered and moderate in degree and does not cause physical or psychological injury.”
Anything “that causes severe injury or serious bodily harm to child, such as lacerations, fractured bones, burns or internal injuries” is considered child abuse.
“One that harms a child’s psychological or intellectual functions” falls under psychological abuse. “This may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior or a combination of said behaviors.”
It is clear that the no-spanking bill follows the footsteps of laws regarding children in Western states. In this scenario, even good parents suffer the indignity of being the collateral damage in a global move to let children live their lives sans proper guidance and discipline.
It would have been more appropriate to craft a bill that offers extensive parenthood programs for parents having difficulty rearing their child. Since it would be difficult to measure “abuse” apart from seeing actual bruises and wounds on the child, well-meaning parents may face legal raps more than the criminals this law will certainly produce in the future.