1

University of Cebu
College of Law

Sparing the Rod: Explaining the Prohibition

of Corporal Punishment through the
Operant Conditioning Theory

Andrino, Reah Crezz P.

JD 1

Atty. Rose-Liza Eisma-Osorio

October 25, 2014

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TABLE OF CONTENTS
Cover Page 1
Table of Contents 2
Introduction
Tracing the Roots 3
What We Have to Know 4
Corporal Punishment
Defined 4
Prevalence in the Philippines 4
Philippine Laws Against Physical Abuse on Children
Child Abuse Act 5
Violence Against Women and Children Act 6
Anti-Corporal Punishment Act 6
Operant Conditioning
Overview 8
Learning the Basics 9
Salient Factors 9
Dealing with Punishment 10
Discussion
Discipline vs Prohibition of Corporal Punishment 12
Constitutional Right 13
Indelible Marks to Child Development 14
End the Misery 15
No Pain, Why Not? 15
The Need for Stringent Legislation 16
Conclusion 17
References 19
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Introduction

Discipline is recognized by both parents and children as a vital element in child

rearing. As a popular Biblical adage quips, “sparing the rod spoils the child”. It is but

normal for a parent to chastise his erring child in order to prevent the recurrence of the

wrongful act. As there is no standard way of rearing a child, the parents are challenged

to devise methods that they believe are very much efficient in leading their kids to the

right path. It has become a notion especially in conservative regions that a child that

never was disciplined by its parents, grows up to be a delinquent.

Tracing the roots

History tells us that the utilization of physical punishment had been practiced by

Filipino parents since time immemorial. This primarily sprouts from the belief that

children are born without the concept of right and wrong and as parents, it is their duty

to instill a notion of boundaries of behaviour at a young age. Physical punishment had

always been a household favourite for the fact that most parents believe that it is the

sole means of inflicting discipline as it is how their parents had disciplined them in the

past.

Turning back the hands of time, this practice had been very evident in the

colonization of the Spaniards. For 300 years, our forefathers had been exposed to

beatings whenever they err towards their don and donya1. No wonder this type of

punishment had been embedded into our culture, even applied up to the present times.

1Save the Children Sweden (2005). National Research on the Physical and Emotional Punishment of Children in the
Philippines . Unpublished manuscript. Quezon City, Philippines.
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What we have to know

As this phenomenon continues to exist in our locality, worse in our own homes, it

is imperative for us to be informed what corporal punishment is about, its detrimental

effects to the holistic development of children as explained by theories in psychology

and appraise the need to legislate laws prohibiting the same. Every person, may he be

a parent or a child, needs to get involved in this stance to end the cruelty in the home.

Corporal Punishment

Defined

Corporal punishment pertains to punishment or penalty for- an offense or

imagined offense, and/or acts carried out for the purpose of discipline, training or

control, inflicted by an adult or by another child, who has been given or has assumed

authority or responsibility for punishment or discipline 2. This includes inflicting blows on

a child’s body through spanking, slapping, lashing with the use of brooms, belt, whip or

stick, pinching and pulling ears or hair. A group of Filipino children defined spanking as a

form of punishment when it hurts the child, happens without reason, causes the child to

faint from the pain and could cause the child’s death 3.

2Anti-Corporal Punishment Act, Sec 3(b)

3O’Callaghan, K. ‘Is it okay to Spank?’ Availablehttp://edition.cnn.com/2011/11/08/living/parents-spanking-p/. November 8, 2011

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Prevalence in the Philippines

A 2005 survey by Save the Children Sweden in the Philippines revealed that 85%

of Filipino children are being punished at home, 82% of whom said they have been hit

on different parts of the body. In areas covered by the UNICEF Philippines, 3.6 million

women admitted to have used psychological or physical punishment as a form of

discipline, 13% of whom admitted to have used some severe punishment on their

children (2006). In a perception survey conducted by Pulse Asia in 2011, 2 out of 3

parents admitted to using corporal punishment as a form of "discipline" on their children.

In a 2011 study by the European Union and Plan International, 82% of children in urban

and rural areas in the Philippines said they experienced at least one form of corporal

punishment in their homes, with spanking on the bottom being the most common

method used. 4

These figures only reveal those cases that are reported. There will always be

those numbers that seclude themselves in the shadows since this issue is deemed a

taboo in the society. We believe that it is but normal to be struck by the rod, regardless

of the severity because after all, they are our parents and it is their duty to chastise us

when we are wrong.

4See Note 1, supra

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Philippine Laws Against Physical Abuse on Children

Child Abuse Act

Republic Act No. 7610 of 1992 is a statute which aims to provide special

protection to children from all forms of abuse, cruelty, exploitation and discrimination

which may be deemed prejudicial to their development 5. This law specifically provides

that children are those who are below eighteen (18) years of age or those over but are

unable to fully take care of themselves or protect themselves from abuse, neglect,

cruelty, exploitation or discrimination because of a physical or mental disability or

condition.

Violence Against Women and their Children Act

Republic Act No. 9262 of 2004 or the VAWC Act upholds the dignity of women

and their children thus safeguarding the same from violence and threats to their

personal safety and security. Violation of this law involves causing physical harm that

may bring about injury and pain6.

The abovementioned laws tackled the different abuses a child may incur.

Physical abuse is one. However, these statutes failed to mention the existence of a form

of physical abuse which takes the guise of a reprimand and is consequently becoming

an excuse for parents not to be penalized for such act.

5Child Abuse Act, Sec 2

6Anti-Violence against Women and Children Act, Sec 2

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The Child Abuse Act and the VAWC had not specifically provided what comprises

physical abuse, more particularly, how it is distinguished from parental discipline.

Acknowledging the need for a more stringent and clarified form of legislation

against corporal punishment, the legislature has proposed a bill addressing the gaps in

the aforementioned laws.

Anti-Corporal Punishment Act

This is a pending act of legislation docketed as Senate Bill No. 363 which aims to

consolidate enactments involving the prohibition of inflicting physical abuse to children

by promoting positive and non-violent form of discipline in lieu of the customary means

of imposing behaviour modification7. It specifically provides for the prohibited acts done

towards children which are listed under Section 3(b) :

1. Blows to any part of a child's body, such as beating; kicking; hitting; slapping; lashing;
with or without the use of an instrument such as caries, shoes, broom, stick, whip or
belt;

2. Pinching; pulling ears or hair; shaking; twisting joints; cutting and shaving hair; cutting
or piercing skin; carrying, dragging or throwing a child;

3. Forcing a child, through the use of power, authority or threats, to perform physically
painful or damaging acts, such as holding a weight or weights for an extended period;
kneeling on stones, salt or pebbles; squatting; standing or sitting in a contorted-position;

4. Deliberate neglect of a child's physical needs, where this is intended as punishment;

5. Use of external substances, such as burning or freezing materials, water, smoke,

pepper, alcohol, excrement or urine;

6. Use of hazardous tasks as punishment or for the purpose of discipline, including

those that are beyond a child's strength or bring him or her into contact with dangerous
or unhygienic substances; such tasks include sweeping or digging in the hot sun or rain;
using bleach or insecticides; unprotected cleaning of toilets;

7See Note 2, supra, Sec 4

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7. Confinement, including being shut in a confined space or material, tied up, or forced
to remain in one place for an extended period of time;

8. Any threat of physical punishment;

9. Any other physical act perpetrated on a child's body, for the purpose of punishment or
discipline, intended to cause some degree of pain or discomfort, however light;

10. Verbal assaults, threats, or intimidation;

11. Verbal abuse, scolding, yelling, swearing, ridiculing or denigrating;

12. Child made to look or feel foolish in front of one's peers or the public; and

13. Other acts or words which belittle, humiliate, scapegoat, blame, ignore, or isolate the
child.

The Department of Social Welfare and Development, in collaboration with the

Department of Education, Commission on Higher Education, Department of Health,

Department of Interior and Local Government, and all other relevant government

agencies and private organizations shall be tasked to create the implementing rules and

regulations once this Act is approved.

Those who will be found guilty of imposing corporal punishment to children shall

be punished in accordance with the existing laws punishing such act. Penalties under

the Child Abuse Law and VAWC Law may be invoked in suppletory application 8.

The process does not end with the filing of the case, rather commences, followed

by the intervention of the local social welfare office. The intervention includes seminars

on proper child discipline, information of children’s rights, anger management and

counselling of the offender.

8Ibid.
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The primary goal of this act is for the abused child to recuperate from the scars of

the beatings. The interveners, spearheaded by the DSWD shall always be directed to

regaining the optimum status of the child. Within the course of investigation, the details

of such shall always be kept confidential so as not to put the victim into embarrassment

in the society.

Operant Conditioning

Overview

Operant conditioning is learning in which a voluntary response is strengthened or

weakened, depending on its favorable or unfavourable consequences. Saying that a

response has been strengthened or weakened, it means that it has been made more or

less likely to recur regularly9.

Learning the basics

B.F Skinner is undoubtedly the most influential learning theorist in the field of

behaviourism. It is him who quipped that organisms acquire behaviours that are

followed by certain consequences10. In one of his most popular ventures in the field, he

devised a piece of equipment, now known as the Skinner box, which is used in studying

rat behaviour. In a controlled setup, he created a metal bar that when pushed down,

9McLoyd, V. (1998). Socio Economic Disadvantages and Children Development. American Psychologist. 53. 185-204

10Feldman, R. (2000). Understanding Psychology. 8. 109-110.

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causes a food tray to unravel containing food pellets. His study revealed that rats will

learn to press the metal bars as it generates a favoured outcome.

Salient Factors

Operant Conditioning may take the form of Reinforcement or a Punishment.

Reinforcement is the process by which a stimulus increases the probability that a

preceding behaviour will be repeated. A reinforcer, or the stimulus that boosts the

likelihood of recurrence of behaviour, may be bonuses, toys, and good grades,

depending on individual preferences.

A positive reinforcer is a stimulus added to the environment that brings about an

increase in a preceding response. The pay check that workers get at the end of the

week, for instance, raises the likelihood that they will return to their jobs the following

week.

In contrast, a negative reinforcer pertains to an unpleasant stimulus whose

removal leads to an increase in the probability that a preceding response will be

reprised. This is exhibited by a person, who, because the heat of the fireplace already

pierces through his skin, extinguishes the flame.

Dealing with Punishment

Punishment should be distinguished from negative reinforcement. It, as

contrasted to the latter, lessens the probability of generating the same response to the

stimulus. This is why when a child stole a peso from his mother’s purse after being
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warned earlier not to, and is thereafter directed to face the wall for how many hours, it

would be less likely for the child to repeat the same violation.

Most often, punishment is categorized in terms of its effect. Punishment I

involves the introduction of a stimulus, typically an aversive one, for example, spanking

and scolding. Punishment II is the removal of a pleasant stimulus, such as in loss of

privileges after erring in a task11.

11Ormrod, J. (1998). Human Learning Theories, Principles and Educational Application

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Discussion

Discipline vs Prohibition of Corporal Punishment

Majority of parents endorse corporal punishment as a child-rearing practice and

use it to discipline their children 12. Corporal punishment falls under Punishment I which

is the presentation of a negative stimulus. In this light, it is inferred that physical

beatings diminishes the undesired behaviour of children. Most parents assert that such

form of discipline inculcates in the child the value of right and wrong. A study on the

correlational relationship of physical discipline and behaviour problems across cultural

contexts revealed that the ‘beatings’ generate adverse effects on child development.

The effect is fairly consistent across racial ethnic groups 13.

In this line of thought, various nations had strictly implemented a ban on corporal

punishment as a form of discipline. Sweden, in 1979, was the first to make it illegal to

strike a child as a form of discipline. Since then, many other countries in Europe have

also instituted bans, as have New Zealand and some countries in Africa and the

Americas. To date, more than 100 nations all over the globe prohibits corporal

punishment in schools, 31 of them ban it elsewhere 14.

12National Council on Family Relations. European, American and Hispanic Children: Emotional Support as a Moderator.Journal of Marriage and Family [2002]

13Ibid
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Table 1. Excerpt of the 2011 Report on the Prohibition of Corporal Punishment Worldwide (Source: CNN)

Country/State/Territory Corporal Punishment Prohibited Prohibited in Schools

in the Home
Panama No No
Papua New Guinea No No
Paraguay No No
Peru No Yes
Philippines No Yes

The table presented above shows that there are still many countries around the

globe that do not see the importance of banning corporal punishment everywhere, may

it be at school or at home. The Philippines had initiated prohibiting such in schools

however, had tolerated this practice in homes in the excuse of using it as means to

discipline children.

Constitutional right

This prohibition, however, generates the idea of the encroachment of the right

and duty of the parents as upheld in Sec 12, Art II of the 1987 Constitution;

Sec. 12 x x x The natural and primary right and duty of the parents in the rearing
of the youth for civic efficiency and the development of moral character shall
receive the support of the Government.

This right primarily espouses the prerogative of a parent in deciding what type of

rearing style is applicable to his children. It is a long-running presumption that a parent

will always look after their welfare and must be vigilant in protecting their interests no

14See Note 1, supra pp. 6-7

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matter what the cost. This mainly is the reason why the government gives such

discretion to the parents.

Yet, this right is never absolute in nature. In fact, it is balanced with the

subsequent provision. The 1987 Constitution, in Section 13, Article II, fully recognizes

the right of the youth to be protected upholding their physical, moral, spiritual,

intellectual, and social well being. Therefore, the government should take cognizance of

this provision as the children play a crucial role in the country’s development.

In this line of thought, we could deduce that the government after all wants what

is best for the youth sector. It is evident in the aforementioned constitutional provisions

that the government enshrines the rights of the youth to be mould into individuals that

would be the equipped enough to be the future forerunners of the country.

Indelible Marks to Child Development

Corporal punishment has consistently been associated with poorer mental health

in childhood and adulthood (Gershoff, 2002) in the form of depression (Csorba et al.,

2001; Turner & Finkelhor, 1996) unhappiness and anxiety (Eamon, 2001; Lau et al.,

1999) feelings of hopelessness (DuRantet al., 1994) anxiety alcoholism (MacMillan et

al., 1999). A new analysis of two decades of research on the long-term effects of

physical punishment in children concludes that spanking doesn’t work and can actually

wreak havoc on kids’ long-term development15.

15As cited in : Why Spanking Doesn’t work? Available healthland.time.com/2012

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Several studies have found that parental use of physical discipline is positively

related to behavioural (e.g. aggression) and psychological (e.g. dysphoria, low esteem)

problems in children and adolescents 16.

Aggression is highly correlated with experiences of grave physical abuse

incurred from parents. When punishment involves pain, it elicits emotional activation in

an individual, arousal that may result in anger and aggression, especially in

characteristically aggressive individuals17.

End the misery

The abovementioned ill effects brought about by inflicting corporal punishment

make us realize that it is fitting for the country to disallow such form of abuse altogether.

Numerous studies conducted on different cultural contexts proved corporal punishment

as an ineffectual means to modify behaviour of children. Most experts advise against

physical punishment for school-age 18. More often than not, children tend to forget what

they are punished for. They focus more on the anticipation of receiving pain rather than

deciphering why they had to undergo the pain. This defeats the primary reason why

they are chastised in the first place.

No Pain, Why Not?

16See Note 11, supra pp 110-112

17Ibid.

18Gordon, D., et al. Observations of interactions of depressed women with their children. American Journal of Psychiatry, 146, 50-55
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Indeed, it is possible to rear one’s child without undergoing the horror of the

beatings. In fact, countries around the globe have stringently prohibited corporal

punishment in schools and homes. Sweden, for instance, had been on it for 20 years

and had lesser tallies of children being sent to social work centers for rehabilitation

which signifies less juvenile delinquent 19. Fears of children growing up undisciplined and

without self-control are unfounded. In fact, youth crime rates have remained steady

since 1983 while drug abuse, alcohol intake, and suicide rates have decreased.

The need for stringent legislation.

As laws such as the Child Abuse Act and Anti Violence against Women and their

Children do not particularly embrace excessive chastisement, offended parties are not

motivated to divulge their situation to authorities as they are not given the assurance of

being protected under the law. These hapless victims remain in the shadows thinking

their cases are futile. This calls for the enactment of laws that would ensure that the

pain will never be in vain.

19See Note 1, supra pp 8-10

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Conclusion

Child discipline need not be a painful experience. Psychology experts suggest

millions of ways to correct an erring child minus spanking and lashing. One could be by

reprimanding the child of his favourites, toy or television show for instance. This way, he

may be able to acknowledge his mistakes without succumbing to bruises and cuts in his

skin. The reprimand must also be coupled with a conversation informing the kid where

he had gone wrong. With this, we actually teach children how to handle faults like

adults.

The Philippine legislature needs to heed the call of advocates for the ultimate

abrogation of corporal punishment in the country. Any kind, frequency or degree of

physical violence against children will never be acceptable in any way. Though existing

laws already address the supposed prohibition of physical violence, there is still a

fleeting need to amend these statutes to specifically cover corporal punishment

especially banning it in homes.

The pending Anti-Corporal Punishment Bill must be given priority. Laws such as

these that promote the welfare of the youth must not be pushed into the sidelines. In

reiteration, the prohibition of corporal punishment does not deprive the parents,

guardians and the like of their right to correct their children. As they say, chastisement is

okay for as long as it is not excessive however, this poses a great question to us. When
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do we draw the line? When is excessive inappropriate? When is enough, enough?

Wouldn’t it be much simpler if we end corporal punishment all together?

I am a product of corporal punishment in my younger years. However, my

parents never failed to make me understand the reason why I was spanked. As years

went by, they learned that this method is unethical and will never generate their desired

outcome which is behaviour modification. They resorted to non-violent types of

punishment such as verbal warning and confiscation of valued items, coupled with a

serious conversation on the violation I made.

This is an appeal for parents to consider a more humane way of rebuking their

children. It is about time for us to simply throw the rods out of the options not for the fear

of being penalized under the law but fearing the monster that you may be creating

inside your child.

As Dawn Walker of the Canadian Institute of Health puts it, “children need

discipline not hitting.” If we are much directed to the total abandonment of violence and

the achievement of a safer world, the abrogation of physical punishment of children will

be a good way to start.

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REFERENCES

BOOKS

Feldman, R. (2000). Understanding Psychology.5th ed. USA: McGraw-Hill.

Ormrod, J. (1998). Human learning: theories, principles and educational application. 5th
ed. USA: Pearson.

PERIODICALS

Gordon, D., et. al (1989). Observations of interactions of depressed women with their
children. American Journal of Psychiatry, 146, 50-55.

McLoyd, V. (1998). Socioeconomic disadvantages and child development. American

Psychologist, 53 : (185-204)

National Council on Family Relations (2002). European, American and Hispanic

Children : Emotional support as a moderator. Journal of Marriage and Family [64]

INTERNET SOURCES

Is it okay to spank. CNN News. November 8, 2011. Available

http://edition.cnn.com/2011/11/08/living/parents-spanking-p/

Save the Children Sweden (2005). National research on the physical and emotional
punishment of children in the Philippines. Unpublished manuscript. Quezon City,
Philippines.

Senate of the Philippines. Senate Bill no. 227 Available

http://www.senate.gov.ph/lisdata/1607513313!.pdf

The LawPhil Project. Republic Act no. 7610 Available

http://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html

The LawPhil Project. Republic Act no. 9262 Available

http://www.lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html
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The LawPhil Project. 1987 Philippine Constitution Available

http://www.lawphil.net/statutes/repacts/consti1987/consti_1987.html

Why spanking doesn’t work. Time Magazine. February 6, 2012. Available

http://healthland.time.com/2012/02/06/why-spanking-doesnt-work/