Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act)
Section 3(b) — Definition of Child Abuse — Corporal Punishment as Child Abuse
“'Child abuse' refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.”
Physical punishment that causes harm or distress — hitting, slapping, or other physical acts — constitutes child abuse under RA 7610 regardless of the intent or the context of 'discipline.' File a complaint with the school's Child Protection Committee, the DSWD, and the local PNP Women and Children Protection Desk.
DepEd Order No. 40, series 2012 (Child Protection Policy)
Section on prohibited acts and procedures — DepEd Child Protection Policy — Prohibition on Corporal Punishment
“Corporal punishment is prohibited in all schools. Teachers who use corporal punishment shall be subject to administrative proceedings before the school and appropriate charges. Every school shall establish a Child Protection Committee (CPC) to receive and process complaints of child abuse and other violations of students' rights.”
File a formal complaint with the school's Child Protection Committee. The CPC must investigate. If the CPC fails to act, escalate to the Schools Division Superintendent. The teacher faces: administrative disciplinary proceedings under DepEd; civil liability for damages; and potential criminal charges under RA 7610.