DepEd Order No. 40, s.

2012
Child Protection Policy
 Introductory Activity
Identify the following cases:
1. An irate music teacher approached a child who
was in kindergarten when she saw him chatting
with his classmates. The teacher put a scotch tape
on his lips.
2. Stalking or constantly following or pursuing a
person in his or her daily activities, with
unwanted and obsessive attention.
3. Students are forced to give objects or money,
usually in the form of school contributions or
payments for school projects. If unable to pay,
they were either punished, ordered to leave the
class, or disallowed from taking exams.
4. Harassment, intimidation, or humiliation,
through electronic means or other technology.
 Legal Bases
The Philippine Constitution

 The State shall protect 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 (Art. XV. Sec.
3(b))
 Legal Bases
The Philippine Constitution

 Alleducational institutions shall....foster love of

humanity, respect for human rights......develop
moral character and personal discipline...(Art.
XIV, Sec. 3, (b))
 Legal Bases
Convention on the Rights of the Child 

 Protectchildren from all forms of violence, injury

or abuse.
 Establishes the Right of the Child to Education.
 Article 218,220, 233 of the Family
Code of the Phil. and PD 603
 “gives the school, its administrators and teachers,
or the individual, entity or institution engaged in
child care the special parental authority and
responsibility over the minor child while under
their supervision, instruction or custody”
 Article 218,220, 233 of the Family
Code of the Phil. and PD 603
 Authority and responsibility shall apply to all
authorized activities whether inside or outside the
premises of the school, entity or institution....”
Definition of Terms
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.
Definition of Terms

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.
Definition of Terms
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.
Definition of Terms
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.
Definition of Terms
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;
Definition of Terms
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.
 Definition of Terms
I. "Child Abuse"- refers to the maltreatment of a child, whether
habitual or not, which includes any of the following:
a. psychological or physical abuse, neglect, cruelty, sexual abuse
and emotional maltreatment;
b. any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being;
c. unreasonable deprivation of the child's basic needs for survival,
such as food and shelter; or
d. 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],RA7610).
 Definition of Terms
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.
Definition of Terms
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.
Definition of Terms
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.
Definition of Terms
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.
Definition of Terms
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.
Definition of Terms
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
Definition of Terms

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.
Definition of Terms

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.
Definition of Terms
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:
Definition of Terms
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;
Definition of Terms
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.
Definition of Terms

2. 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.
Definition of Terms

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.
Definition of Terms

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:
Definition of Terms
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;
Definition of Terms
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;
Definition of Terms
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.
Definition of Terms
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
DUTIES AND RESPONSIBILITIES

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").
DUTIES AND RESPONSIBILITIES

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;
 DUTIES AND RESPONSIBILITIES

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 capability-building
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;
 DUTIES AND RESPONSIBILITIES
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;
DUTIES AND RESPONSIBILITIES

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.
DUTIES AND RESPONSIBILITIES

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:

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.
DUTIES AND RESPONSIBILITIES
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;
DUTIES AND RESPONSIBILITIES

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;
DUTIES AND RESPONSIBILITIES

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 caomply with the
school's child protection policy.
DUTIES AND RESPONSIBILITIES

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;
 DUTIES AND RESPONSIBILITIES

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
DUTIES AND RESPONSIBILITIES

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.
DUTIES AND RESPONSIBILITIES
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.
DUTIES AND RESPONSIBILITIES

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:

1. School Head/Administrator-Chairperson
2. Guidance Counselor/ Teacher - Vice Chairperson
3. Representative of the Teachers as designated by the
Faculty Club
4. Representative of the Parents as designated by the
Parents-Teachers Association
DUTIES AND RESPONSIBILITIES

5. Representative of pupils, students and learners as

designated by the Supreme Student Council
6. Representative from the Community as designated by the
Punong Barangay, preferably a member of the Barangay
Council for the Protection of Children (BCPC).
 DUTIES AND RESPONSIBILITIES
B. The CPC shall perform the following functions:
1. 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";
2. Initiate information dissemination programs and organize
activities for the protection of children from abuse,
exploitation, violence, discrimination and bullying or peer
abuse;
 DUTIES AND RESPONSIBILITIES

3. Develop and implement a school-based referral and

monitoring system. The template for the referral system
is attached as Annex "D";
4. Establish a system for identifying students who may be
suffering from significant harm based on any physical,
emotional or behavioral signs;
5. Identify, refer and, if appropriate, report to the
appropriate offices cases involving child abuse,
exploitation, violence, discrimination and bullying;
6. Give assistance to parents or guardians, whenever
necessary in securing expert guidance counseling from
the appropriate offices or institutions;
 DUTIES AND RESPONSIBILITIES
7. 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;
8. 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
9. Ensure that the children's right to be heard are respected
and upheld in all matters and procedures affecting their
welfare.
 III. PREVENTIVE MEASURES TO ADDRESS CHILD
ABUSE, EXPLOITATION, VIOLENCE, DISCRIMINATION
AND BULLYING AND OTHER ACTS OF ABUSE
PREVENTIVE MEASURES TO…

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.
 PREVENTIVE MEASURES TO…
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.
The programs that are intended to promote Positive and Non-Violent
Discipline include, but are not limited to, the following:
1. Integration of education sessions on corporal punishment
and positive discipline in the initiatives of the Parent-
Teachers Associations (PTAs);
 PREVENTIVE MEASURES TO…

2. 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;
3. Encouraging and supporting the formation and initiatives
of support groups among teaching and non-teaching staff,
and parents and caregivers;
PREVENTIVE MEASURES TO…
4. Implementing specific parenting orientation sessions with
parents and caregivers and other activities;
5. 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;
6. Encouraging and supporting student-led initiatives to raise
awareness on children's rights, corporal punishment and
positive discipline; and
7. 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.
IV. PROTECTIVE AND REMEDIAL MEASURES TO ADDRESS
CHILD ABUSE, EXPLOITATION, VIOLENCE,
DISCRIMINATION, BULLYING AND OTHER ACTS OF ABUSE
PROTECTIVE AND REMEDIAL…
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.
 PROTECTIVE AND REMEDIAL…

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.
PROTECTIVE AND REMEDIAL…
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;
 PROTECTIVE AND REMEDIAL…
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.
 PROTECTIVE AND REMEDIAL…

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.
V. RULES AND PROCEDURES IN HANDLING
CHILD ABUSE, EXPLOITATION, VIOLENCE
AND DISCRIMINATION CASES
 RULES AND PROCEDURES…
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:
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.
 RULES AND PROCEDURES…
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.
 RULES AND PROCEDURES…

These periods shall be strictly observed, except when

justified by circumstances beyond their 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.

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.
 RULES AND PROCEDURES…

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 psycho- social 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 psycho-social intervention, if such is
warranted.
RULES AND PROCEDURES…

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.
 RULES AND PROCEDURES…
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 worn to by
the complainant. It shall contain the following:

1. the full name and address of the complainant;

2. the full name, address, and position of the respondent;
3. a brief statement of the relevant facts;
4. evidence, in support of the complainant, if any;
5. a certification of non-forum shopping.
 RULES AND PROCEDURES…
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.
 RULES AND PROCEDURES…
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.
 RULES AND PROCEDURES…

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.
 RULES AND PROCEDURES…

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.
 RULES AND PROCEDURES…

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.
 RULES AND PROCEDURES…
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.
VI. REFERRAL AND ASSESSMENT OF VICTIMS
AND OFFENDERS AND OTHER CHILDREN
REFERRAL AND ASSESSMENT
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.
 REFERRAL AND ASSESSMENT

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.
 Concluding Questions

1. What makes Child Protection Policy

important in our school?
 Concluding Questions

2. How can we prevent corporal punishment

towards our students?
 Concluding Questions

3. If one of your students inform you that your

fellow male teacher touched her personal parts
of the body, What will you do?
THANK YOU FOR LISTENING!