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THE CHILD PROTECTION POLICY OF
THE DEPARTMENT OF EDUCATION

The Statement of Policy

“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. (Art XV, Sec. 3,
par 2, 1987 Constitution)

Rights of Children
(1) RIGHT TO ASSISTANCE
(2) RIGHT TO SPECIAL PROTECTION

WHO IS A CHILD? "Child" . cruelty.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. of the Policy) . neglect. (Sec. 3. exploitation or discrimination because of a physical or mental disability or condition. A. (RA 7610). the term also includes pupils or students who may be eighteen (18) years of age or older but are in school. For purposes of this Department Order.

violence. exploitation. 2. discrimination. and hereby promulgates this Department Order.Zero Tolerance Policy of DEPED “ Accordingly. bullying and other forms of abuse.” (Sec. Last Par. of Statement of Polcy)   . this Department reiterates a zero tolerance policy for any act of child abuse.

broaden scientific and technological knowledge. the rights and duties of citizenship ethical and spiritual values.  THE MANDATE TO EDUCATIONAL INSTITUTION To inculcate to the students the following: patriotism and nationalism love of humanity respect for human rights appreciation of the role of national heroes. good moral character and personal discipline. and promote vocational efficiency. and to encourage critical and creative thinking. .

Special Parental Authority of teachers ARTICLE 218. its administrators and teachers.   Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision. instruction or custody. The school. entity or institution. (349a) (Family Code of the Philippines)     . or the individual.

Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents.Consequence of Special Parental Authority of teachers Article 219. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. xxx (Family Code of the Philippines)    .

Defense of teachers: “The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. (n) (Art 219. Family Code) . 2nd Par. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts.

CHILD ABUSE – Corporal punishment 2. 6. 3. PUPILS and LEARNERS 1.PROTECTION NEEDED BY THE STUDENTS.Bullying OTHER ANALOGOUS ACTS . NEGLECT EXPLOITATION DISCRIMINATION VIOLENCE . 4. 5.

neglect. cruelty. RA 7610) 9Sec. sexual abuse and emotional maltreatment. degrades or demeans the intrinsic worth and dignity of a child as a human being.refers to the maltreatment of a child.1. CHILD ABUSE "Child Abuse". such as food and shelter. 3 [b]. which includes any of the following: 1. unreasonable deprivation of the child's basic needs for survival. . any act by deeds or words which debases. 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. whether habitual or not. 2. psychological or physical abuse. or   4. 3. 3 (i) of the Policy.

an adult. which is carried out or inflicted. but not limited to the following: . humiliating or degrading punishment.refers to a kind of punishment or penalty imposed for an alleged or actual offense. It includes physical.Corporal Punishment (Form of Child Abuse) Corporal Punishment" . or any other child who has been given or has assumed authority or responsibility for punishment or discipline. school administrator. for the purpose of discipline. training or control. including. by a teacher.

2. Blows such as. hitting. Striking of a child's face or head. twisting joints. shaking. but not limited to. dragging. . Pulling hair. broom. kicking. with or without the use of an instrument such as. of any part of a child's body. holding a weight or weights for an extended period and kneeling on stones. such being declared as a "no contact zone". 4. but not limited to a cane. beating. salt. slapping. cutting or piercing skin. but not limited to. pebbles or other objects. stick. pushing or throwing of a child. Forcing a child to perform physically painful or damaging acts such as.Acts constituting Corporal Punishment 1. 3. or lashing. whip or belt.

Deliberate exposure to fire. . 7. ice. but not limited to bleach or insecticides. and other materials that can cause discomfort or threaten the child's health. pepper. rain. dangerous chemicals. water. or forcing the child to swallow substances. imprisonment or depriving the liberty of a child. smoke. excrement or urine. alcohol. sunlight. Tying up a child. Deprivation of a child's physical needs as a form of punishment.Corporal Punishment 5. Confinement. 6. 8. safety and sense of security such as.

Permanent confiscation of personal property of pupils. 11. except when such pieces of property pose a danger to the child or to others 12. ridiculing or denigrating the child. Verbal abuse or assaults. . swearing or cursing.Corporal punishment 9. to undress or disrobe. Other analogous acts. students or learners. which belittles or humiliates the child in front of others. 10. or to put on anything that will make a child look or feel foolish. including intimidation or threat of bodily harm. Forcing a child to wear a sign.

2.refers to the use of children for someone else's advantage. . EXPLOITATION: "Child exploitation" . gratification or profit often resulting in an unjust. cruel and harmful treatment of the child.

Two (2) main forms of child exploitation 1. Sexual exploitation 2. Economic exploitation .

of all rights and freedoms . ethnicity. birth.refers to an act of exclusion. sexual orientation and gender identity. political or other opinion. enjoyment or exercise by all persons. DISCRIMINATION: Discrimination against children" . religion. on an equal footing. distinction. and which has the purpose or effect of nullifying or impairing the recognition. language. being a child in conflict with the law. national or social origin. restriction or preference which is based on any ground such as age. sex. being infected or affected by Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (AIDS). being pregnant.3. property. being a child with disability or other status or condition.

assault.4. sexual. which result in or is likely to result in physical. battery. academic and nonacademic personnel against a child. coercion.refers to a single act or a series of acts committed by school administrators. VIOLENCE: “Violence against children committed in schools" . or other abuses including threats of such acts. psychological harm or suffering. harassment or arbitrary deprivation of liberty. .

Physical violence – 2. Psychological violence - .Three (3) forms of violence: 1. Sexual Violence – 3.

but not limited to texting. social networking websites or other platforms or formats . such as. weak. less confident. through electronic means or other technology. BULLYING or PEER ABUSE "Bullying or Peer Abuse" . intimidation. as resulting in harassment. chatting. or otherwise vulnerable. email.(See: pars.   More particularly: 1. instant messaging. with disability. internet. 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.refers to willful aggressive behavior that is directed. towards a particular victim who may be out-numbered.5.is committed when a student commits an act or a series of acts directed towards another student. harassment. Bullying . Cyber – bullying -is any conduct defined in the preceding paragraph. younger. “a” to “h for acts considered as bullying) 2. or humiliation. intimidation. or humiliation.

6. Other analogous acts .

: II. PERSONS MAYBE HELD LIABLE UNDER THE POLICY 1. They are classified as follows: a) School Head b) Other school officials c) Academic personnel d) Other academic personnel . working in a public or private school. "SCHOOL PERSONNEL" . singly or collectively.means the persons.

including those who have been temporarily out of school. who are in the school or learning centers premises or participating in school-sanctioned activities. . whether regular. Student or Learner" .Persons maybe held liable under the Policy 2.refers to bona fide pupils. "CHILDREN IN SCHOOL" .means a child who regularly attends classes in any level of the basic education system. irregular. students or learners who are enrolled in the basic education system. transferee or repeater. under the supervision and tutelage of a teacher or facilitator. "Pupil.

CIVIL LIABILITY FOR DAMAGES . c. CRIMINAL LIABILITY UNDER APPROPRIATE LAWS.Forms   1. ADMINISTRATIVE LIABILITY – b.   of Liability: SCHOOL HEAD/ PERSONNEL: a.

PUPIL and LEARNER   a.A. . PUNITIVE MEASURES b. CRIMINAL LIABILITY UNDER R. NON-PUNITIVE MEASURES c. 9344 AND ITS IMPLEMENTING RULES AND REGULATIONS.Forms of Liability 2. STUDENTS.

JURISDICTION OF ADMINISTRATIVE COMPLAINTS UNDER THIS POLICY: Section 17. exploitation. Complaints of child abuse. discrimination. Jurisdiction. Complaints for acts committed by persons not under the jurisdiction of the Disciplinary Authority of the Department shall be referred to the appropriate authorities. bullying and other acts of abuse under this Department Order shall be within the exclusive jurisdiction of the Department. rules and regulations. violence. subject to existing laws. (DEPED) and shall not be brought for amicable settlement before the Barangay. .

VIOLENCE AND DISCRIMINATION CASES AGAINST SCHOOL PERSONNELS: (Sec.PROCEDURES OF INVESTIGATION 1. EXPLOITATION. 15 pars “a “ to “c”) . PROCEDURES IN HANDLING CHILD ABUSE.

Procedures of Investigation   2. 16. COMPLAINT IS EDUCATION RELATED SEXUAL HARRASSMENT(Sec. par. e) .

16.Procedure of Investigation 3. E-2” of the Policy) . ((Sec. PROCEDURE FOR INVESTIGATION IN ALL OTHER RELATED INCIDENTS.

and shall not be a bar to the filing of an administrative case under these guidelines. CRIMINAL LIABILITY UNDER APPROPRIATE LAWS. Policy) . discrimination. exploitation. “Criminal and civil liability arising from child abuse. (Sec. 19. and other acts of abuse are separate and distinct.2.

5 from par. (a) to (i) of R. 9262 – “Violence Against Women and their Children.A.”   (a) Acts of violence against Women and their Children under Sec. 9262.A. R.     . No.A) The following criminal laws may apply against the offending school officials and personnel :   1.

A. No. “a” to “e “ 3. 10. etc. cruelty. Exploitation and Discrimination law. exploitation and other conditions prejudicial to child development under Sec. abuse.” a) Child Prostitution and other Sexual Abuses are punished by Sec.     b) Other Acts of Sexual Abuse such as neglect.. physical injuries. Seduction and abduction. Acts of Lasciviousness. . 5 of the said law. R. 7610 –Special Protection against Child (Sexual Abuse) Abuse. Revised Penal Code of the Philippines such as Rape. pars.2.

-Quasi Delict – under Art 2176 of the Civil Code .3.Law on Damages under the Civil Code . CIVIL LIABILITY FOR DAMAGES -Art 219 of the Family Code on Special Parental Authority.

  Liability of Students. 9344 AND ITS IMPLEMENTING RULES AND REGULATIONS.   STUDENTS. PUPIL. LEARNER   a. 13) b) PUNITIVE MEASURES (Sec. NON-PUNITIVE MEASURES (Sec. . pupils and learners: 2. CRIMINAL LIABILITY UNDER R. 12) c.A.

STUDENTS: Under Sec. . 12 par. If the bullying or peer abuse resulted in serious physical injuries or death.CRIMINAL LIABILITY OF PUPILS. whenever appropriate. the case shall be dealt with in accordance with the provisions of Republic Act 9344 and its Implementing Rules and Regulations known as Comprehensive Juvenile Justice and Welfare System. b of the Policy.

unless he/she has acted with discernment. such child shall be subjected to the appropriate proceedings in accordance with this Act.”  The exemption from criminal liability herein established does not include exemption from civil liability.Liability of minor student   Under Sec. 6 of R. the child shall be subjected to an intervention program pursuant to Section 20 of this Act. 9344. However. in which case. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program.A. Minimum Age of Criminal Responsibility.” (Family Code and Civil Code on Damages)   . .A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. which shall be enforced in accordance with existing laws.

  3. Employing of means which enhance the skills and pedagogy in integrating and teaching children’s rights in the classroom. anger and stress management and gender sensitivity. the Schools may adopt the following strategy:   1. EXPLOITATION.PREVENTIVE MEASURES TO ADDRESS CHILD ABUSE. 11 of the Policy. Using training modules which include positive and non-violent discipline in classroom management.   2. trainings and seminars on positive peer relationships and enhancement of social and emotional competence. Conducting sessions. . VIOLENCE AND BULLYING and OTHER ACTS OF ABUSE: In Sec.

THANK YOU! .