DepEd has adopted the policy to provide special protection to children who are gravely

threatened or endangered by circumstances which affect their normal development and over
which they have no control, and to assist the concerned agencies in their rehabilitation.

Analysis on Child Protection Policy (DepEd Order No. 40, s. 2012)

- December 06, 2014
DepEd Order No. 40, s. 2012 or DepEd Child Protection policy constitutes the policy and
guidelines on protecting children in school from abuse, violence, exploitation, discrimination,
bullying, and other forms of abuse. Among its bases are the Philippine 1987 Constitution (Article
XV, Section 3 [2]; Article XIV, Section 3 [2]), the UN Convention on the Rights of the Child
(CRC), and the Family Code of the Philippines.
As stipulated further in the Order, the Department recognizes that cases of abuse may
arise as a result of the difficult situations faced by teachers and other officials within and outside
the school.
DepEd has adopted the policy to provide special protection to children who are gravely
threatened or endangered by circumstances which affect their normal development and over
which they have no control, and to assist the concerned agencies in their rehabilitation.
Furthermore, the Department aims to ensure such special protection from all forms of abuse and
exploitation and care as is necessary for the child’s well-being, taking into account the primary
rights and duties of parents, legal guardians, or other individuals who are legally responsible and
exercise custody over the child. DepEd recognizes the participatory rights of the child in the
formulation and implementation of policies, and in all proceedings affecting them, whether they
be victims or aggressors, either directly, or through a representative.
Accordingly, this Department reiterates a zero-tolerance policy for any act of child abuse,
exploitation, violence, discrimination, bullying, and other forms of abuse, and hereby
promulgates this Department Order.
The above-mentioned policy statement of the DepEd regarding its “landmark” child protection
policy, clearly states the objective of the Department in providing special protection and care to
children within the school premises. Thus, such policy mandates every school in the country to
come up with an adopted version of the said child protection policy to be implemented in the
school to assure that every child in school is well-guarded and well-protected.
Child protection (DepEd Order No. 40, s. 2012) refers to programs, services, procedures, and
structures that are intended to prevent and respond to abuse, neglect, exploitation, discrimination,
and violence.
DepEd’s CPP (deped.gov.ph, 2014), mandates all elementary and secondary schools to create a
Child Protection Committee (CPC), composed of school officials, teachers, parents, students, and
community representatives. Since its establishment in 2012, 59% of the public schools in the
country have created CPCs.
The Department reminded that under Special Protection of Children against Abuse, Exploitation
and Discrimination Act (RA 7610) and CPP, teachers who humiliate students will face
administrative sanctions. DepEd continues to equip teachers and school heads with knowledge
on child protection policies of the government through a series of forums and consultations.
Though guidelines had been given as accorded in the Order, specifications on strict compliance,
monitoring, and evaluation of implementation of the policies should be realized. In an instance
that the school is a small one, the number of teachers is insufficient, and teachers had so many
students handling, the policy is quite hard to implement and initiate. Also, clear definition and/or
identification of cases or instances of child abuse should be clarified since there are some
situations where scolding of teacher (at times necessary), could be deemed by students as already
a form of abuse.
Also, one possible negative outcome that could appear in the implementation of this policy is
that some students may abuse the protection being provided by the policy, especially the abusive
ones who will intentionally use the provisions of the policy in terms of personal gains and fight
back with the school officials.
On the other hand, the said policy if properly implemented and executed could assure that no
form of violence, exploitation, abuse, and other related forms will no longer be happening within
the school premises. Also, superb and quality learning process could be realized since students
are attending classes in schools where their rights are recognized and their protection is being
safeguarded.
In the end, the policy is worth applying for, since it's a measure that could benefit a lot the
students and could bolster school's quality services to the clientele.

DEPED CHILD PROTECTION POLICY

To:

Undersecretaries
Assistant Secretaries
Bureau Directors
Directors of Services, Centers and Heads of Unit
Regional Secretary, ARMM
Regional Directors
Schools Division/City Superintendents
Chiefs of Divisions
Heads, Public and Private Elementary and Secondary Schools
All Others Concerned

For the information and guidance of all concerned, the Department of Education (DepEd) issues
the enclosed copy of the Policy and Guidelines on Protecting Children in School from Abuse,
Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse entitled “DepEd
Child Protection Policy.”

Pursuant to Section 26 thereof, this DepEd Order shall take effect immediately upon issuance.

All Orders, Memoranda and other related issuances inconsistent with these policy and guidelines
are deemed amended accordingly upon its effectivity.

Immediate dissemination of and strict compliance with this Order is directed.

BR. ARMIN A. LUISTRO FSC

Secretary

Policy and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation,
Discrimination, Bullying and Other Forms of Abuse (DepEd Order No. 40, s. 2012)
GENERAL PROVISIONS
Section 1. Short Title
This Department Order shall be known as the “DepEd Child Protection Policy.”

Section 2. – Statement of Policy

Pursuant to the 1987 Constitution, the State shall defend the right of children to assistance,
including proper care and nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their development (Article XV, Section
3)

The Constitution further provides that all educational institutions shall inculcate patriotism and
nationalism, foster love of humanity, respect for human rights, appreciation of the role of
national heroes in the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency. (Article XIV, Section 3 [2]).

The Convention on the Rights of the Child (CRC) aims to protect children from all forms of
physical or mental violence, injury and abuse, neglect or negligent treatment, maltreatment and
exploitation, including sexual abuse. The same Convention establishes the right of the child to
education, and with a view to achieving this right progressively, and on the basis of equal
opportunity, it obliges the government to take measures to encourage regular attendance in
school and reduce dropout rates. Thus, it is mandated that all appropriate measures be undertaken
to ensure that school discipline is administered in a manner consistent with the child’s human
dignity, and in conformity with the CRC.

Towards this end, the Department of Education (DepEd), in collaboration with its partners and
stakeholders, shall ensure that all schools are conducive to the education of children. The best
interest of the child shall be the paramount consideration in all decisions and actions involving
children, whether undertaken by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with the principle of First Call for
Children, as enunciated in the CRC. Teachers and learning facilitators especially in learning
centers are their substitute parents, and are expected to discharge their functions and duties with
this in mind. In this connection, the Family Code empowers the school, its administrators and
teachers, or the individual, entity or institution engaged in child care to exercise the special
parental authority and responsibility over the child, while under their supervision, instruction or
custody.

The Department recognizes that cases of abuse may arise as a result of the difficult situations
faced by teachers and other officials within and outside school.

DepEd has adopted the policy to provide special protection to children who are gravely
threatened or endangered by circumstances which affect their normal development and over
which they have no control, and to assist the concerned agencies in their rehabilitation.

Furthermore, this Department aims to ensure such special protection from all forms of abuse and
exploitation and care as is necessary for the child’s well-being, taking into account the primary
rights and duties of parents, legal guardians, or other individuals who are legally responsible and
exercise custody over the child. DepEd recognizes the participatory rights of the child in the
formulation and implementation of policies, and in all proceedings affecting them, whether they
be victims or aggressors, either directly, or through a representative.
Accordingly, this Department reiterates a zero tolerance policy for any act of child abuse,
exploitation, violence, discrimination, bullying and other forms of abuse, and hereby
promulgates this Department Order.

Section 3. – Definition of Terms

A. “Child” – refers to any person 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; (RA 7610). For purposes
of this Department Order, the term also includes pupils or students who may be eighteen (18)
years of age or older but are in school.

B. “Children in School” – refers to bona fide pupils, students or learners who are enrolled in the
basic education system, whether regular, irregular, transferee or repeater, including those who
have been temporarily out of school, who are in the school or learning centers premises or
participating in school-sanctioned activities.

C. “Pupil, Student or Learner” – means a child who regularly attends classes in any level of the
basic education system, under the supervision and tutelage of a teacher or facilitator.

D. “School Personnel” – means the persons, singly or collectively, working in a public or private
school. They are classified as follows:

a. “School Head” refers to the chief executive officer or administrator of a public or private
school or learning center.

b. “Other School Officials” include other school officers, including teachers, who are occupying
supervisory positions or positions of responsibility, and are involved in policy formulation or
implementation in a school.

c. “Academic Personnel” includes all school personnel who are formally engaged in actual
teaching service or in research assignments, either on a full-time or a part-time basis, as well as
those who possess certain prescribed academic functions directly supportive of teaching, such as
registrars, librarians, guidance counselors, researchers, and other similar persons. They may
include school officials who are responsible for academic matters, and other school officials.

d. “Other Personnel” includes all other non-academic personnel in the school, whatever may be
the nature of their appointment and status of employment.

E. “Child Protection” – refers to programs, services, procedures and structures that are intended
to prevent and respond to abuse, neglect, exploitation, discrimination and violence.
F. “Parents” – refers to biological parents, step-parents, adoptive parents and the common-law
spouse or partner of the parent;

G. “Guardians or Custodians” – refers to legal guardians, foster parents, and other persons,
including relatives or even non-relatives, who have physical custody of the child.

H. “School Visitor or Guest” – refers to any person who visits the school and has any official
business with the school, and any person who does not have any official business but is found
within the premises of the school. This may include those who are within the school premises for
certain reasons, e.g. student teachers, catechists, service providers, suppliers, bidders, parents and
guardians of other children.

I. “Child Abuse” – refers to the maltreatment of a child, whether habitual or not, which includes
any of the following:

1) psychological or 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 the child’s 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 or her growth and development or in the child’s permanent incapacity or death
(Sec. 3 [b], RA 7610).

J. “Discrimination against children” – refers to an act of exclusion, distinction, restriction or

preference which is based on any ground such as age, ethnicity, sex, sexual orientation and
gender identity, language, religion, political or other opinion, national or social origin, property,
birth, being infected or affected by Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome (AIDS), being pregnant, being a child in conflict with the law, being a
child with disability or other status or condition, and which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal
footing, of all rights and freedoms.

K. “Child exploitation” – refers to the use of children for someone else’s advantage, gratification
or profit often resulting in an unjust, cruel and harmful treatment of the child. These activities
disrupt the child’s normal physical or mental health, education, moral or social emotional
development. It covers situations of manipulation, misuse, abuse, victimization, oppression or ill-
treatment.

There are two (2) main forms of child exploitation that are recognized:
1) Sexual exploitation – refers to the abuse of a position of vulnerability, differential power, or
trust, for sexual purposes. It includes, but it is not limited to forcing a child to participate in
prostitution or the production of pornographic materials, as a result of being subjected to a threat,
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse
of a victim’s vulnerability.

2) Economic exploitation – refers to the use of the child in work or other activities for the benefit
of others. Economic exploitation involves a certain gain or profit through the production,
distribution and consumption of goods and services. This includes, but is not limited to, illegal
child labor, as defined in RA 9231.

L. “Violence against children committed in schools” – refers to a single act or a series of acts
committed by school administrators, academic and non-academic personnel against a child,
which result in or is likely to result in physical, sexual, psychological harm or suffering, or other
abuses including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following acts:

1) Physical violence refers to acts that inflict bodily or physical harm. It includes assigning
children to perform tasks which are hazardous to their physical well-being.

2) Sexual violence refers to acts that are sexual in nature. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the victim’s body;

b) forcing the child to watch obscene publications and indecent shows or forcing the child to do
indecent sexual acts and/or to engage or be involved in, the creation or distribution of such films,
indecent publication or material; and

c) acts causing or attempting to cause the child to engage in any sexual activity by force, threat
of force, physical or other harm or threat of physical or other harm or coercion, or through
inducements, gifts or favors.

3) Psychological violence refers to acts or omissions causing or likely to cause mental or

emotional suffering of the child, such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, deduction or threat of deduction from grade
or merit as a form of punishment, and repeated verbal abuse.

4) Other acts of violence of a physical, sexual or psychological nature that are prejudicial to the
best interest of the child.
M. “Bullying or Peer Abuse” – refers to willful aggressive behavior that is directed, towards a
particular victim who may be out-numbered, younger, weak, with disability, less confident, or
otherwise vulnerable. More particularly:

1) Bullying – is committed when a student commits an act or a series of acts directed towards
another student, or a series of single acts directed towards several students in a school setting or a
place of learning, which results in physical and mental abuse, harassment, intimidation, or
humiliation. Such acts may consist of any one or more of the following:

a. Threats to inflict a wrong upon the person, honor or property of the person or on his or her
family;

b. Stalking or constantly following or pursuing a person in his or her daily activities, with
unwanted and obsessive attention;

c. Taking of property;

d. Public humiliation, or public and malicious imputation of a crime or of a vice or defect,

whether real or imaginary, or any act, omission, condition, status, or circumstance tending to
cause dishonor, discredit or expose a person to contempt;

e. Deliberate destruction or defacement of, or damage to the child’s property;

f. Physical violence committed upon a student, which may or may not result to harm or injury,
with or without the aid of a weapon. Such violence may be in the form of mauling, hitting,
punching, kicking, throwing things at the student, pinching, spanking, or other similar acts;

g. Demanding or requiring sexual or monetary favors, or exacting money or property, from a

pupil or student; and

h. Restraining the liberty and freedom of a pupil or student.

1) Cyber-bullying – is any conduct defined in the preceding paragraph, as resulting in

harassment, intimidation, or humiliation, through electronic means or other technology, such as,
but not limited to texting, email, instant messaging, chatting, internet, social networking websites
or other platforms or formats.

N. “Other acts of abuse by a pupil, student or learner”– refers to other serious acts of abuse
committed by a pupil, student or learner upon another pupil, student or learner of the same
school, not falling under the definition of ‘bullying’ in the preceding provisions, including but
not limited to acts of a physical, sexual or psychological nature.
O. “Corporal Punishment” – refers to a kind of punishment or penalty imposed for an alleged or
actual offense, which is carried out or inflicted, for the purpose of discipline, training or control,
by a teacher, school administrator, an adult, or any other child who has been given or has
assumed authority or responsibility for punishment or discipline. It includes physical,
humiliating or degrading punishment, including, but not limited to the following:

1) Blows such as, but not limited to, beating, kicking, hitting, slapping, or lashing, of any part of
a child’s body, with or without the use of an instrument such as, but not limited to a cane, broom,
stick, whip or belt;

2) Striking of a child’s face or head, such being declared as a “no contact zone”;

3) Pulling hair, shaking, twisting joints, cutting or piercing skin, dragging, pushing or throwing
of a child;

4) Forcing a child to perform physically painful or damaging acts such as, but not limited to,
holding a weight or weights for an extended period and kneeling on stones, salt, pebbles or other
objects;

5) Deprivation of a child’s physical needs as a form of punishment;

6) Deliberate exposure to fire, ice, water, smoke, sunlight, rain, pepper, alcohol, or forcing the
child to swallow substances, dangerous chemicals, and other materials that can cause discomfort
or threaten the child’s health, safety and sense of security such as, but not limited to bleach or
insecticides, excrement or urine;

7) Tying up a child;

8) Confinement, imprisonment or depriving the liberty of a child;

9) Verbal abuse or assaults, including intimidation or threat of bodily harm, swearing or cursing,
ridiculing or denigrating the child;

10) Forcing a child to wear a sign, to undress or disrobe, or to put on anything that will make a
child look or feel foolish, which belittles or humiliates the child in front of others;

11) Permanent confiscation of personal property of pupils, students or learners, except when
such pieces of property pose a danger to the child or to others; and
12) Other analogous acts.

P. “Positive and Non-Violent Discipline of Children” -is a way of thinking and a holistic,
constructive and pro-active approach to teaching that helps children develop appropriate thinking
and behavior in the short and long-term and fosters self-discipline. It is based on the fundamental
principle that children are full human beings with basic human rights. Positive discipline begins
with setting the long-term goals or impacts that teachers want to have on their students’ adult
lives, and using everyday situations and challenges as opportunities to teach life-long skills and
values to students.

DUTIES AND RESPONSIBILITIES

Section 4. Central Office
The DepEd Central Office shall have the following duties and responsibilities:

A. Develop a policy and guidelines for the prevention of violence against children in schools and
make these available to all schools;

B. Conduct a nationwide information dissemination and campaign on violence prevention

programs for children and researchbased best practices for teachers, which are intended to
promote new techniques, methodologies and research related to teaching, classroom
management, child development, positive and non-violent discipline;

C. Devise programs, campaigns and activities through the Offices of the Undersecretary for
Programs and Projects and Regional Operations, to raise consciousness, mobilize and educate the
students, parents, teachers, community, local government units and other stakeholders in
addressing child abuse, exploitation, violence, discrimination and bullying; and

D. Formulate a system of standard reporting, prescribe standards and procedures for monitoring
and evaluation, and maintain the central repository of Regional Reports (Annex “A”) on
incidents and cases of child abuse, exploitation, violence, discrimination, bullying and other acts
of abuse, through the Office of the Undersecretary for Legal and Legislative Affairs.

The data on the number and types of reports made under these guidelines, the results of
investigations undertaken to verify the details made in the complaints, the sanctions imposed, the
action taken and the interventions adopted, are to be maintained on an annual aggregated basis.

E. The Secretary shall exercise disciplinary jurisdiction, where appropriate, pursuant to the
Revised Rules of Procedure of the Department of Education in Administrative Cases and other
existing laws, rules and regulations.

Section 5. Regional Offices

The Regional Offices shall have the following duties and responsibilities:

A. Encourage and support advocacy campaigns and capability building activities on the
prevention of child abuse, violence, exploitation, discrimination, bullying and other forms of
abuse, promotion of positive and non-violent discipline, conflict resolution and peer mediation;

B. Consolidate reports on incidents and cases of the Division Offices within the Region and
submit a Regional Report (Annex “A”) to the Undersecretary for Legal and Legislative Affairs;

C. Monitor and evaluate the implementation and enforcement of this Department Order by the
Schools Division Offices and such other related laws and regulations relative to abuse,
exploitation, violence and discrimination of children;

D. Exercise disciplinary jurisdiction, where appropriate, pursuant to the Revised Rules of

Procedure of the Department of Education in Administrative Cases and other existing laws, rules
and regulations; and

E. Give recommendations to the Central Office on the policies, programs, and services, to
address and prevent cases of child abuse, exploitation, violence and discrimination, bullying and
other acts of abuses, consistent with this Department Order.

Section 6. Division Offices

The Division Offices shall have the following duties and responsibilities:

A. Conduct the information-dissemination activities and in-service training for teachers on the
protection of children in school from abuse, violence, exploitation, discrimination, bullying or
peer abuse and other related cases;

B. Undertake advocacy campaigns and capability building activities to enable the schools to do
the following:

Apply positive and non-violent discipline,

Formulate and implement guidelines and procedures to emphasize the role of all stakeholders
and other persons in the prevention and reporting of cases of bullying, and
Provide conflict resolution or peer mediation, including referral to appropriate service providers,
if needed;
C. Organize and conduct the capacity building activities for members of the Child Protection
Committee and Guidance Counselors/Teachers; including, but not limited to the identification of
students who may be suffering from significant harm based on any physical, emotional or
behavioral signs;
D. Develop strategies to address the risk factors that contribute to the commission of acts of
abuse, violence, exploitation, discrimination, and bullying;

E. Consolidate the reports on incidents and cases of all schools and submit a Division Report
(Annex “A”) to the Regional Office;

F. Monitor and evaluate the implementation and enforcement by public and private schools of
this Department Order and such other related laws and regulations relative to abuse, exploitation,
violence and discrimination of children;

G. Exercise disciplinary jurisdiction, where appropriate, pursuant to the Revised Rules of

Procedure of the Department of Education in Administrative Cases and other existing laws, rules
and regulations;

H. Give recommendations to the Regional Office and devise measures to address and prohibit
abuse, exploitation, violence and discrimination, and bullying or peer abuse of children,
consistent with this Department Order;

I. Utilize resources, coordinate with appropriate offices and other agency or instrumentality for
such assistance as it may require in the performance of its functions;

J. Encourage and support activities and campaigns initiated by stakeholders; and

K. Perform such other functions, as may be assigned by the Secretary or the Regional Director.

Section 7. – Schools
The School Heads shall have the following duties and responsibilities:

A. Ensure the institution of effective child protection policies and procedures, and monitor
compliance thereof;

B. Ensure that the school adopts a child protection policy;

C. Ensure that all pupils, students or learners, school personnel, parents, guardians or custodians,
and visitors and guests are made aware of child protection policy (Annex “C”).

D. Organize and convene the Child Protection Committee for the school;
E. Conduct the capacity building activities for the members of the Child Protection Committee
and Guidance Counselors/Teachers;

F. Conduct disciplinary proceedings in cases of offenses committed by pupils, students or

learners;

G. Ensure that the participatory and other rights of children are respected and upheld in all
matters and procedures affecting their welfare;

H. Maintain a record of all proceedings related to bullying or peer abuse and submit after each
school year to the Division Office the report and a copy of the intake form (Annexes “A” & “B”,
respectively);

I. Conduct the appropriate training and capabilitybuilding activities on child protection measures
and protocols;

J. Ensure that the school adopts a student Code of Conduct to be followed by every pupil, student
or learner while on school grounds, or when traveling to and from school, or during a school-
sponsored activity, and during lunch period, whether on or off campus;

K. Adopt such conflict resolution mechanisms that respect the rights of indigenous peoples,
provided that they conform to this Department Order and they uphold the rights of the child;

L. Coordinate with the appropriate offices and other agency or instrumentality for appropriate
assistance and intervention, as may be required in the performance of its functions;

M. Coordinate with the Department of Social Welfare and Development or, the appropriate
government agencies or non-governmental organizations on a Child Protection Hotline for
reporting abuse, violence, exploitation, discrimination, bullying and other similar acts and for
counseling;

N. Ensure that all incidents of abuse, violence, exploitation, discrimination, bullying and other
similar acts are addressed in accordance with the provisions of this Department Order.

Section 8. Duties and Responsibilities of School Personnel

Article 218 of the Family Code of the Philippines provides the following responsibilities of
school administrators, teachers, academic and nonacademic and other personnel:
A. Exercise special parental authority and responsibility over the child while under their
supervision, instruction and custody. Authority and responsibility shall apply to all authorized
activities whether inside or outside the premises of the school, entity or institution.

Articles 220 and 233 of the Family Code of the Philippines, Presidential Decree No. 603, and
other related laws enumerated the following duties and responsibilities of the abovementioned
persons and personnel over the children under their supervision, instruction and custody:

B. Keep them in their company and support, educate and instruct them by right precept and good
example;

C. Give them love and affection, advice and counsel, companionship and understanding;

D. Enhance, protect, preserve and maintain their physical and mental health at all times;

E. Furnish them with good and wholesome educational materials, supervise their activities,
recreation and association with others, protect them from bad company and prevent them from
acquiring habits detrimental to their health, studies and morals;

F. Represent them in all matters affecting their interests;

G. Inculcate the value of respect and obedience;

H. Practice positive and non-violent discipline, as may be required under the circumstances;
provided, that in no case shall corporal punishment be inflicted upon them;

I. Perform such other duties as are imposed by law upon them, as substitute parents or guardians;
and

J. School personnel shall also strictly comply with the school’s child protection policy.

Section 9. Duties and Responsibilities of Pupils, Students and Learners

Pupils, students and learners shall have the following duties and responsibilities:

A. Comply with the school’s regulations, as long as they are in harmony with their best interests.
Pupils, students and learners shall refrain from:
i. Engaging in discrimination, or leading a group of pupils or students to discriminate another,
with reference to one’s physical appearance, weaknesses and status of any sort;

ii. Doing any act that is inappropriate or sexually provocative;

iii. Participating in behavior of other students that is illegal, unsafe or abusive;

iv. Marking or damaging school property, including books, in any way;

v. Engaging in fights or any aggressive behavior;

vi. Introducing into the school premises or otherwise possessing prohibited articles, such as
deadly weapons, drugs, alcohol, toxic and noxious substances, cigarettes and pornographic
material; and

vii. Performing other similar acts that cause damage or injury to another.

An allegation that any of these acts has been committed shall not be used to curtail the child’s
basic rights, or interpreted to defeat the objectives of this Department Order.

B. Conduct themselves in accordance with their levels of development, maturity, and

demonstrated capabilities, with a proper regard for the rights and welfare of other persons;

C. Respect another person’s rights regardless of opinion, status, gender, ethnicity, religion, as
well as everyone’s moral and physical integrity; and

D. Observe the Code of Conduct for pupils, students and learners.

Section 10. Establishment of Child Protection Committee

All public and private elementary and secondary schools shall establish a Child Protection
Committee (CPC).

A. The CPC shall be composed of the following:

School Head/Administrator – Chairperson

Guidance Counselor/ Teacher – Vice Chairperson
Representative of the Teachers as designated by the Faculty Club
Representative of the Parents as designated by the Parents-Teachers Association
Representative of pupils, students and learners as designated by the Supreme Student Council
Representative from the Community as designated by the Punong Barangay, preferably a
member of the Barangay Council for the Protection of Children (BCPC).
B. The CPC shall perform the following functions:

Draft a school child protection policy with a code of conduct and a plan to ensure child
protection and safety, which shall be reviewed every three (3) years. The template for the school
child protection policy is attached as Annex “C”;
Initiate information dissemination programs and organize activities for the protection of children
from abuse, exploitation, violence, discrimination and bullying or peer abuse;
Develop and implement a school-based referral and monitoring system. The template for the
referral system is attached as Annex “D”;
Establish a system for identifying students who may be suffering from significant harm based on
any physical, emotional or behavioral signs;
Identify, refer and, if appropriate, report to the appropriate offices cases involving child abuse,
exploitation, violence, discrimination and bullying;
Give assistance to parents or guardians, whenever necessary in securing expert guidance
counseling from the appropriate offices or institutions;
Coordinate closely with the Women and Child Protection Desks of the Philippine National
Police (PNP), the Local Social Welfare and Development Office (LSWDO), other government
agencies, and non-governmental organizations (NGOs), as may be appropriate;
Monitor the implementation of positive measures and effective procedures in providing the
necessary support for the child and for those who care for the child; and
Ensure that the children’s right to be heard are respected and upheld in all matters and
procedures affecting their welfare.
PREVENTIVE MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION, VIOLENCE,
DISCRIMINATION AND BULLYING AND OTHER ACTS OF ABUSE
Section 11. Capacity Building of School Officials, Personnel, Parents and Students
All public and private elementary and secondary schools shall build the capacities of school
personnel, pupils, students and learners, parents and guardians to understand and deal with child
abuse, exploitation, violence and discrimination cases, bullying and peer violence by conducting
sessions, trainings and seminars on positive peer relationships and enhancement of social and
emotional competence.

They shall use training modules which include positive and nonviolent discipline in classroom
management, anger and stress management and gender sensitivity. They shall likewise employ
means which enhance the skills and pedagogy in integrating and teaching children’s rights in the
classroom.
The programs that are intended to promote Positive and Non-Violent Discipline include, but are
not limited to, the following:

Integration of education sessions on corporal punishment and positive discipline in the initiatives
of the Parent-Teachers Associations (PTAs);
Capacity-building programs for school administrators, teachers and non-academic personnel
focused on children’s rights, child development and positive and nonviolent approaches in
teaching and classroom management, to enable them to incorporate positive discipline messages
in parent-teacher conferences and family counseling, and integrate messages on children’s rights
and corporal punishment in classroom discussions;
Encouraging and supporting the formation and initiatives of support groups among teaching and
non-teaching staff, and parents and caregivers;
Implementing specific parenting orientation sessions with parents and caregivers and other
activities;
Implementing school activities or events that raise awareness on children’s rights, corporal
punishment and positive discipline, fostering the active involvement of and providing venues for
bringing together parents, families and children;
Encouraging and supporting student-led initiatives to raise awareness on children’s rights,
corporal punishment and positive discipline; and
Setting up child-friendly mechanisms for obtaining children’s views and participation in the
formulation, monitoring and assessment of school rules and policies related to student discipline.
PROTECTIVE AND REMEDIAL MEASURES TO ADDRESS CHILD ABUSE,
EXPLOITATION, VIOLENCE, DISCRIMINATION, BULLYING AND OTHER ACTS OF
ABUSE
Section 12. Procedures in Handling Bullying Incidents in Schools.
A complaint for bullying or peer abuse shall be acted upon by the School Head following the
procedures herein set forth:

a. Bullying – Upon the filing of a complaint or upon notice by a school personnel or official of
any bullying or peer abuse incident, the same shall be immediately reported to the School Head,
who shall inform the parents or guardian of the victim and the offending child, in a meeting
called for the purpose. The victim and the offending child shall be referred to the Child
Protection Committee for counseling and other interventions. The penalty of reprimand, if
warranted, may be imposed by the School Head in the presence of the parents or guardians.

If bullying is committed for a second or subsequent time, after the offending child has received
counseling or other interventions, the penalty of suspension for not more than one (1) week may
be imposed by the School Head, if such is warranted. During the period of suspension, the
offending child and the parents or guardians may be required to attend further seminars and
counseling. The School Head shall likewise ensure that the appropriate interventions, counseling
and other services, are provided for the victim or victims of bullying.

b. Bullying that results in serious physical injuries or death – If the bullying or peer abuse
resulted in serious physical injuries or death, whenever appropriate, the case shall be dealt with
in accordance with the provisions of Republic Act 9344 and its Implementing Rules and
Regulations.

c. Procedure – In all cases where the imposable penalty on the offending child is suspension,
exclusion or expulsion, the following minimum requirements of due process shall be complied
with:

(1) The child and the parents or guardians must be informed of the complaint in writing;

(2) The child shall be given the opportunity to answer the complaint in writing, with the
assistance of the parents or guardian;

(3) The decision of the school head must be in writing, stating the facts and the reasons for the
decision;

(4) The decision of the school head may be appealed, as provided in existing rules of the
Department.

Section 13. Implementation of Non-punitive Measures.

Depending on the gravity of the bullying committed by any pupil, student or learner, the school
may impose other non-punitive measures, in lieu of punitive measures, in accordance with the
principles of Positive and Non-Violent Discipline.

Section 14. Other acts of violence or abuse.

Other serious acts of violence or abuse committed by a pupil, student or learner upon another
pupil, student or learner of the same school, shall, and whenever appropriate, be dealt with in
accordance with the provisions of Republic Act 9344 and its Implementing Rules and
Regulations.

RULES AND PROCEDURES IN HANDLING CHILD ABUSE, EXPLOITATION,

VIOLENCE AND DISCRIMINATION CASES
Section 15. – Prohibited Acts
The following acts, as defined in Section 3 of this Order, are hereby prohibited and shall be
penalized in administrative proceedings as Grave or Simple Misconduct depending on the
gravity of the act and its consequences, under existing laws, rules and regulations:

Child abuse;
Discrimination against children;
Child Exploitation ;
Violence Against Children in School;
Corporal Punishment;
Any analogous or similar acts.
Section 16. Investigation and Reporting.
The conduct of investigation and reporting of cases of child abuse, exploitation, violence or
discrimination, shall be done expeditiously, as herein provided.

A. PUBLIC SCHOOLS

A. The School Head or the Schools Division Superintendent, upon receipt of the Complaint,
shall forward the same, within forty-eight (48) hours, to the Disciplining Authority, who shall
then issue an Order for the conduct of a fact-finding investigation, not later than seventy-two
(72) hours from submission. These periods shall be strictly observed, except when justified by
circumstances beyond their control; Provided, that, if the person complained of is a nonteaching
personnel, the Schools Division Superintendent shall cause the conduct of a fact-finding
investigation within the same period.

B. If a complaint is not sufficient in form, the concerned School Head, Schools Division
Superintendent, or Disciplining Authority shall immediately inform the complainant of the
requirements of a formal complaint. Upon the filing of the formal complaint, the same shall be
acted upon pursuant to the preceding paragraphs.

C. The conduct of a fact-finding investigation shall be in accordance with the Revised Rules of
Procedure of the Department of Education in Administrative Cases. Pending investigation, upon
referral of the School Principal or Guidance Counselor/Teacher, the Local Social Welfare and
Development Officer (LSWDO) of the concerned local government unit shall assess the child
and provide psychosocial intervention to help the child victim recover from whatever trauma he
or she has experienced as a result of the abuse. The offender shall likewise undergo psychosocial
intervention, if such is warranted.

If a prima facie case exists based on the Investigation Report and the records, a Formal Charge
shall be issued by the Disciplining Authority, which may be the basis for the issuance of an
Order of Preventive Suspension or as an alternative, reassignment of the offending party, as may
be warranted. The respondent may be placed under preventive suspension pending investigation,
for a period of ninety (90) days, if the injury or abuse committed against a child is so grave, as to
render the child unable to attend his or her classes. The respondent may also be preventively
suspended to preclude the possibility of influencing or intimidating witnesses.

The respondent may file a Motion for Reconsideration with the Disciplining Authority or may
elevate the same to the Civil Service Commission by way of an Appeal within fifteen (15) days
from receipt thereof.
D. The Revised Rules of Procedure of the Department of Education in Administrative Cases
shall apply in all other aspects.

E. A complaint for education-related sexual harassment as defined under Resolution No. 01-0940
of the Civil Service Commission, must be in writing, signed and sworn to by the complainant. It
shall contain the following:

the full name and address of the complainant;

the full name, address, and position of the respondent;
a brief statement of the relevant facts;
evidence, in support of the complainant, if any;
a certification of non-forum shopping.
E.1. The Complaint shall be referred to the Committee on Decorum and Investigation. Upon
receipt of the complaint, the Committee shall require the person complained of to submit his or
her Counter-Affidavit/Comment, which shall be under oath, not later than three (3) days from
receipt of the notice, furnishing the complainant a copy thereof, otherwise the Counter-Affidavit
or Comment shall be considered as not filed.

E.2. The procedure for the conduct of an investigation and all other related incidents, shall be in
accordance with the rules under Resolution No. 01-0940 of the Civil Service Commission;
Provided, that, if the respondent is a teacher, the composition of the Formal Investigating
Committee shall be in accordance with Section 9 of R.A. 4670.

F. The Regional Directors shall periodically monitor and keep a record of all reported child
abuse cases, and submit a final consolidated regional report (Annex “A) to the Office of the
Undersecretary for Legal and Legislative Affairs and the Undersecretary for Regional
Operations.

G. Failure to submit an incident report or to render a decision involving the case within the
prescribed period, without justifiable cause, shall be a ground for administrative action for
neglect of duty against the responsible official.

H. The Office of the Undersecretary for Legal and Legislative Affairs shall compile the regional
reports and submit an annual report to the Secretary.

Section 17. Jurisdiction.

Complaints of child abuse, violence, discrimination, exploitation, bullying and other acts of
abuse under this Department Order shall be within the exclusive jurisdiction of the Department,
and shall not be brought for amicable settlement before the Barangay, subject to existing laws,
rules and regulations. Complaints for acts committed by persons not under the jurisdiction of the
Disciplinary Authority of the Department shall be referred to the appropriate authorities.
Section 18. Confidentiality.
In child abuse, violence, discrimination, exploitation, bullying or peer abuse and other acts of
abuse by a pupil, student or learners, the identity or other information that may reasonably
identify the pupil, student or learner, whether victim or offender, shall be withheld from the
public to protect his or her privacy.

On the other hand, the Magna Carta for Public School Teachers protects the rights of teachers
and no publicity shall be given to any disciplinary action against a teacher during the pendency
of his or her case.

Section 19. Criminal and Civil Liability. Criminal and civil liability arising from child abuse,
discrimination, exploitation, and other acts of abuse are separate and distinct, and shall not be a
bar to the filing of an administrative case under these guidelines.

B. Private Schools

Section 20. Complaint against school personnel or official.

A complaint for child abuse, violence, exploitation or discrimination in a private school shall be
filed with the School Head/Chief Executive Officer and shall be acted upon pursuant to the
school’s rules of procedures on administrative cases. The penalty shall be that which is provided
by the rules of the school, subject to the requirements of due process. The administrative case
shall be without prejudice to any civil or criminal case that may be filed.

Section 21. The private school shall submit the report (Annex “A”) to the Division Office after
each school year.
REFERRAL AND ASSESSMENT OF VICTIMS AND OFFENDERS AND OTHER
CHILDREN
Section 22. Referral and Assessment.
In all cases involving child abuse, violence, exploitation, discrimination, bullying and other acts
of abuse, the CPC shall accomplish the Intake Sheet (Annex “B”). The School Head may refer
the victims and offenders in cases involving child abuse, exploitation, discrimination, bullying or
peer abuse and other acts of abuse, to the LSWDO for assessment. The LSWDO shall determine
the appropriate intervention.

The School Head, with the aid of the assigned Guidance Counselor/Teacher, and in coordination
with the LSWDO, shall immediately remove the victim, or in appropriate cases the offender,
from the place of the incident, if the victim is determined to be at risk. The child’s family shall
be informed of any action taken.

The School Head may also refer to the LSWDO other pupils, students or learners who are
victims of abuse at home, children at risk, children in especially difficult circumstances, children
with special needs or at risk, children facing difficult situations, or those who are exhibiting signs
of aggressive behavior, with a view to obtaining professional assessment, appropriate
interventions and assistance from competent service providers.

MISCELLANEOUS PROVISIONS
Section 23. Duties of Private Schools
Private Schools shall be responsible for promulgating a school child protection policy, including
a policy on bullying, a protocol for reporting and procedures for handling and management of
cases, consistent with these policies and guidelines.

Section 24. – Separability Clause

Any part or provision of this Department Order which may be held invalid or unconstitutional
shall not affect the validity and effectivity of the other provisions.

Section 25. Repealing Clause

All prior Department Orders or other issuances, or provisions thereof, which are inconsistent
with this Department Order are hereby repealed, revised or modified accordingly.

Section 26. – Effectivity

This Department Order shall take effect immediately upon issuance.

BR. ARMIN A. LUISTRO FSC

Secretary

Defining child sexual exploitation

Child sexual exploitation is a form of sexual abuse where offenders use their power, (physical,
financial or emotional) over a child or young person, or a false identity, to sexually or
emotionally abuse them.

Sexual exploitation is a real threat for children and young people of all ages and backgrounds.

It often involves situations and relationships where young people receive something (for
example: food, accommodation, drugs, alcohol, cigarettes, affection, gifts or money) in return for
participating in sexual activities. Child sexual exploitation can occur in person or online, and
sometimes the child or young person may not even realise they are a victim.
https://www.education.vic.gov.au/school/teachers/health/childprotection/Pages/
expolitationgrooming.aspx

The worst forms of child labour

Slavery and similar issues such as the trafficking of children, debt bondage, serfdom, children in
armed conflict:

Slavery is where one person is owned by and made to work for another person without having
any say over what happens to them. Slaves are held against their will from the time of their
capture, purchase, or birth, and are not allowed to leave or to refuse to work.

Child trafficking is the illegal trading (buying, selling and movement) of children for labour or
sexual exploitation. Children are trafficked for many reasons, including forced labour,
prostitution and recruitment as child soldiers and beggars.

Debt bondage is forced labour, where work is exchanged to pay off loans that people cannot pay
off with money or goods. For example, a poor family may hand over their child to someone to
pay off their debt, and that child will have to work for years until the debt is cleared.

Serfdom is when a person is forced to live and work on land belonging to another person, often
with little or no pay.

Forced labour is when someone is made to work against their wishes. For example, Children in
armed conflict are forced to fight or to work as cooks, porters and messengers. These children
are abused and exploited, often being forced to kill or maim other human beings.

The sexual exploitation of children (prostitution, pornography and pornographic performances):

Sexual exploitation is the mistreating, abusing and/or taking advantage of someone for personal
gain and profit, by involving them in prostitution or commercial sexual activity. Prostitution is
the exchange of sexual activities for money.

Children around the world, girls and boys, are exploited sexually, used by adults for sex or used
in sexual images (pornography) or performances. They may be bought and sold into marriage,
prostitution or slavery – in both developing and industrialized countries. Children are also
kidnapped and then trafficked across borders and then sold to be prostitutes in foreign countries.
This form of child labour has serious short and long term consequences. Children are at a high
risk of physical abuse, malnutrition and sexually transmitted diseases. It is extremely difficult for
children to get out of this situation and very hard for them to deal with what they have
experienced physically and mentally.

The involvement of children in illicit activities, for example, the production and trafficking of
drugs:

Illicit activities are illegal activities or crimes.

Producing and trafficking drugs is an illicit activity that often involves children. Trafficking is
illegal trading (buying or selling). Children might do this against their will or with the belief that
this will give them status and money. Children who produce or traffic drugs are at great risk of
abuse and many also become addicted to drugs at a very young age.

Children are also involved in other crimes as defined in national laws, such as buying stolen
goods, shoplifting, robbery, hijacking cars, theft and burglary. They may be forced with threats
and violence to take part in criminal activities, or be under pressure to find money for their
survival and that of their family. Some children get involved in crime through gangs, or because
they think this is a way to obtain respect.

Street children, runaways or children living in poverty are also used in organized beggary.
Children are sometimes even intentionally disfigured to attract more money from passers by, and
they may be beaten if they don’t manage to collect enough money.

Children involved in illicit activities are often exposed to violence, which can severely affect
their mental and physical development. In addition, they may not develop good social skills and
are much more likely to suffer from depression, alcohol and drug addictions and identity
difficulties and become juvenile delinquents.

Work which is likely to harm the health, safety or morals of children:

Work which could harm children’s health or well-being and/or expose them to danger is also a
“worst form of child labour”.

This could be work in a dangerous environment, such as in a mine, where children risk death or
injury from tunnel collapses, accidental explosions or rock falls. In industry, the children may be
exposed to dangerous chemicals and substances, so burns and serious injury are common. They
may also be exposed to toxic substances such as mercury and lead, and can develop chronic
health conditions such as silicosis (a respiratory disease in the lungs). Agricultural work also
presents great dangers, especially where children have to work with dangerous tools and
equipment or with chemical substances, like pesticides for crops. Much of the time, the children
have either no safety equipment, or it is adult equipment, which does not fit properly and does
not provide proper protection.

Many types of work are physically harmful to children, especially when done for long periods of
time. For example, children may have to sit bent over in one position, or crawl in small spaces
which can cause disfigurement, spinal injuries and difficulty walking straight. This could be
work such as sewing footballs or clothes, breaking bricks and rocks for road building, making
matchsticks, crawling through a mine, making bricks. Or they might constantly be bent over
from carrying loads that are too heavy.

Furthermore, child labourers are involved in hazardous work when they are exposed to all types
of weather conditions (e.g. scorching hot sun, hard rain) and may not have shoes or adequate
clothing. They can easily develop coughs and catch pneumonia or other illnesses.

Children are also exposed to hazardous work when the workplace is unsanitary, poorly lit and
poorly ventilated. This is also true when clean drinking water, health services and schools are
unavailable, especially in the more remote areas. In these conditions, children are more at risk of
catching illnesses and disease.

All of these types of work interfere with a child’s education, as most children have neither the
time, nor the energy, to attend school. Their families rely on the little wages the children make to
survive.

https://www.ilo.org/ipec/Campaignandadvocacy/Youthinaction/C182-Youth-orientated/
worstforms/lang--en/index.htm