DepEd Order 40 s.2012 Child Protection Policy
DepEd Order 40 s.2012 Child Protection Policy
Department of Education
MAY 1 4 2012
DepEd 0 RD ER
No. 40, s. 2012
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
1. 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."
2. Pursuant to Section 26 thereof, this DepEd Order shall take effect immediately upon
issuance.
3. All Orders, Memoranda and other related issuances inconsistent with these policy
and guidelines are deemed amended accordingly upon its effectivity.
Encl.: As stated
Reference: DepEd Memorandum No. 297, s. 2006
To be indicated in the Perpetual Index
under the following subjects:
LEGISLATIONS RULES & REGULATIONS
POLICY STUDENTS
PUPILS TEACHERS
DepEd Complex, Meralco Avenue, Pasig City 1600 !1633-7208/6337228/632-1361 ii 636-4876/637-6209 4 www.deped.gov.ph
(Enclosure to DepEd Order No. 40, s. 2012)
DEPARTMENT OF EDUCATION
I. GENERAL PROVISIONS
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 [2]).
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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.
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F. "Parents" - refers to biological parents, step-parents,
adoptive parents and the common-law spouse or partner of
the parent;
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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:
/
A
a) rape, sexual harassment, acts of
lasciviousness, making demeaning and
sexually suggestive remarks, physically
attacking the sexual parts of the victim's
body;
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a. Threats to inflict a wrong upon the person, honor
or property of the person or on his or her family;
c. Taking of property;
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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;
7) Tying up a child;
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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
The DepEd Central Office shall have the following duties and
responsibilities:
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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.
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abuse, exploitation, violence and discrimination, bullying and
other acts of abuses, consistent with this Department Order.
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Education in Administrative Cases and other existing laws, rules
and regulations;
Section 7. - Schools
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G. Ensure that the participatory and other rights of
children are respected and upheld in all matters and
procedures affecting their welfare;
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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 non•
academic and other personnel:
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Section 9. Duties and Responsibilities of Pupils, Students and
Learners
Pupils, students and learners shall have the following duties and
responsibilities:
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Section 10. Establishment of Child Protection Committee
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6. Give assistance to parents or guardians, whenever
necessary in securing expert guidance counseling from the
appropriate offices or institutions;
They shall use training modules which include positive and non•
violent 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.
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1. Integration of education sessions on corporal punishment and
positive discipline in the initiatives of the Parent-Teachers
Associations (PTAs);
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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.
(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;
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measures, in lieu of punitive measures, in accordance with the
principles of Positive and Non-Violent Discipline.
1. Child abuse;
2. Discrimination against children;
3. Child Exploitation ;
4. Violence Against Children in School;
5. Corporal Punishment;
6. Any analogous or similar acts.
A. PUBLIC SCHOOLS
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control; Provided, that, if the person complained of is a non•
teaching personnel, the Schools Division Superintendent
shall cause the conduct of a fact-finding investigation within
the same period.
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D. The Revised Rules of Procedure of the Department of
Education in Administrative Cases shall apply in all other
aspects.
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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.
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.
8. Private Schools
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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.
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.
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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.
All prior Department Orders or other issuances, or provisions thereof, which are
inconsistent with this Department Order are hereby repealed, revised or modified
accordingly.
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BR. ARMIN A. L TRO FSC
Secretary