DO NO. 40. S.

2012

Policy and Guidelines on

Protecting Children in School from Abuse, Violence, Exploi
tation, Discrimination, Bullying and Other Forms of Abuse
The Department of Education is at the center
of efforts to protect children from all forms o
f violence in all private and public primary an
d secondary schools.
 Convention on the Rights of the Child

 Protects children from all forms of violence, inju

ry or abuse;

 Establishes the Right of the Child to Education

• The Philippine Constitution

 The State shall protect the right of children to

assistance, including proper care and nutritio
n, and special protection from all forms of neg
lect, abuse, cruelty, exploitation and other co
nditions prejudicial to their development;
Legal Bases

• The Philippine Constitution

 All educational institutions shall…x x

x… foster love of humanity, respect for h
uman rights …x x x...develop moral char
acter and personal discipline…
6
Case Analysis…

 An alumnus of the high school borrowed mone

y from the student. When the student was claim
ing payment, the debtor killed the student inside
the school grounds. The body of the victim was
seen lying on the grassy area at the back of one
of the classrooms.
Case Analysis…

 A riot happened in front of the school involvin

g some students and unidentified teenagers. A
freshman student died due to gunshot wounds
brought about by a pen-gun.
Case Analysis…

 Grade 4 student killed a Grade 1 pupil at the ba

ck of one of the comfort rooms inside the scho
ol premises. The perpetrator repeatedly hit the
head of the victim with a rock after the latter ra
n away with his marble.
Case Analysis…

 A 4th year male student died after engaging

in a fight with a female classmate over the
collection of a P5.00 contribution from the
deceased student. The female student repeat
edly punched the male student on the nape,
causing his death.
Case Analysis…

 A fistfight occurred between two students i

nside the classroom (while the teacher was
inside). In the altercation, the victim hit his
head on the steel part of the classroom’s wi
ndowpanes. The victim subsequently died i
n the hospital.
DO NO. 40, S. 2012

THE CHILD PROTECTION POLICY

OF THE DEPARTMENT OF EDUCA
TION
Coverage

 Children who are enrolled in the basic education s

ystem;

 School Personnel
 School Head
 Teaching or Non-Teaching personnel

 School Visitor or Guest

 Media
 Suppliers or Bidders
 Parents and Guardians, etc.
PROHIBITED ACTS

 Child Abuse;

 Discrimination Against Children;

 Child Exploitation;

 Violence Against Children Committed in School:

 Corporal Punishment
 PROHIBITED ACTS...

 Child Abuse: Republic Act No. 7610 also known as

“Special Protection of Children Against Abuse Exploitati
on and Discrimination.”

 Refers to the maltreatment of a child;

 Includes:
1) Psychological Abuse or Physical Abuse;
2) Neglect or Cruelty;
3) Sexual Abuse and Emotional Maltreatment;
4) Any act by deeds or words that degrades
the dignity of a child as a human being;
 PROHIBITED ACTS...

 Child Abuse...

5) Unreasonable deprivation of the child’s basic

needs for survival;

6) Failure to immediately give medical treatment

to an injured child resulting in serious
impairment of the child’s growth and
development and permanent incapacity or
death.
 PROHIBITED ACTS...

 Discrimination against children:

 Refers to an act of exclusion, distinction,

restriction or preference which impairs the reco
gnition, enjoyment or exercise by all pupils or st
udents on an equal footing, of all rights and free
doms.
 PROHIBITED ACTS...

 Child Exploitation:

 Refers to the use of children for someone else’

s advantage, gratification or profit resulting in unj
ust, cruel and harmful treatment of the child
 PROHIBITED ACTS...

 Child Exploitation:

Forms:
1) Sexual Exploitation – refers to the abuse
of a position of vulnerability, differential power, or
trust, for sexual purposes.

2) Economic exploitation – refers to the use

of the child in work or other activities for the bene
fit of others.
 PROHIBITED ACTS...

 Violence Against Children:

 Refers to acts committed in school which result

in or is likely to result in physical, sexual, psychol
ogical harm or suffering, or other abuses. It inclu
des, but is not limited to, the following acts:
1. Physical violence
2. Sexual violence
3. Psychological violence
 PROHIBITED ACTS...

 Corporal Punishment:

 A kind of punishment or penalty imposed for

an alleged or actual offense, which is carried o
ut or inflicted, for the purpose of discipline, trai
ning or control.

 It includes physical, humiliating or degrading

punishment.
 Rules and Procedures in Handling Child Abuse, Ex
ploitation, Violence and Discrimination Cases

 Administrative Proceedings
 Simple Misconduct
 Grave Misconduct

 Criminal and civil liability arising from child abuse, di

scrimination, exploitation, and other acts of abuse ar
e separate and distinct, and shall not be a bar to the
filing of an administrative case.
 A wilful aggressive behaviour that is directed,
towards a particular victim who may be out-n
umbered, younger, weak, with disability, less
confident, or otherwise vulnerable.
 Forms:
1) Bullying - is committed when a student c
ommits an act directed towards another studen
t, which results in physical and mental abuse, h
arassment, intimidation, or humiliation
2) Cyber Bullying
 2) Cyber Bullying - any conduct defined in t
he preceeding paragraph, as resulting in haras
sment, intimidation, or humiliation, through elec
tronic means or other technology, such as, but
not limited to texting, email, instant messaging,
chatting, internet, social networking websites or
other platforms or formats.
 All bullying incidents shall be reported to the
School Head.

 The School Head shall in turn inform the parents of th

e pupils concerned and a meeting shall be held for th
at purpose.

 The student shall be referred to the CPC for counselin

g and other interventions.
 The School may impose Non-punitive Measures in ac
cordance with the principles of Positive and Non-Viole
nt Discipline.

 Punitive measures will be a last resort.

DepEd is conducting a nationwide information disse
mination campaign with training modules on positive
and non-violent discipline in classroom management,
anger and stress management, and gender sensitivit
y.
 Discipline does not mean punishment

 Children are full human beings with basic human rig

hts

 Positive discipline begins with setting long term goal

s that teacher want to have on their students’ adult
lives.
Positive and Non-Violent Discipline Programs include:
1. Integration of education sessions on positive discipli
ne to PTA initiatives
2. Capacity building for school personnel on children’
s rights
3. Encouraging support groups among school personn
el and PTA
4. Parenting sessions
COMPOSITION:
– School Head/Administrator – Chairperson
– Guidance Counselor/ Teacher – Vice Chairperson
– Representative of the Teachers as designated by the Facult
y Club
– Representative of the Parents as designated by the PTA
– Representative of pupils/students as designated by the Sup
reme Student Council
– Representative from the Community as designated by the P
unong Barangay, preferably from the BCPC.
The CPC shall accomplish an Intake
Sheet to assess both the victims and t
he offenders and report actions taken
on the case.
Referral and Monitoring System
The Intake Sheets will be forwarded to the DepEd Divisio
n Office. The DO will consolidate the reports on incident
s and cases of all schools and submit a Division Report t
o the Regional Office.

The RO will consolidate the reports on incidents and cas

es of the Division Offices within the Region and submit a
Regional Report to the Undersecretary for Legal and Leg
islative Affairs. The Central Office will be the Central Re
pository of Regional Reports.
 Complaints of child abuse, violence, discrimination,
exploitation, bullying and other acts of abuse shall b
e within the exclusive jurisdiction of the Department;

 They shall not be brought for amicable settlement be

fore the Barangay, subject to existing laws, rules an
d regulations
 In child abuse, violence, discrimination, exploitation,
bullying or peer abuse and other acts of abuse by a
student, the identity or other information that may rea
sonably identify the pupil or student, shall be withhel
d from the public to protect his or her privacy.
 The Magna Carta for Public School Teachers pr
otects the rights of teachers and no publicity shall
be given to any disciplinary action against a teache
r during the pendency of his or her case.
 The private school shall submit the report (Anne
x “A”) to the Division Office after each school year.

 Private Schools shall be responsible for promul

gating a school child protection policy: : policy
on bullying;
: protocol for reporting; and
: procedures for handling and management of c
ases
Our children are our future heir of this challenging world,

With our landmark child protection policy,

Let’s help each other to greatly reduce,

if not outright prevent the occurrence of violence against c

hildren in school.

Through our united efforts, we can make this happen…

ATTY. SUZETTE T. GANNABAN –MEDINA