DepED Order No. 40, s.

2012
“Policy Guidelines on Protecting Children in
School From Abuse, Violence, Exploitation,
Discrimination, Bullying and Other Forms of
Abuse”
 Legal Bases

-Article XV, Section 3 of 1987 Philippine

Constitution
-RA 7610
-RA 9262
- Convention on the Rights of the Child
(CRC)
 Declaration of Policy
• DepEd shall ensure that schools are a safe place
for the education of children. The best interest of
the child shall be the paramount consideration
in all decisions and actions involving children.

• The DepEd zero tolerance policy for any act of

child abuse, exploitation, violence,
discrimination, bullying and other forms of
abuse.

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 DEPED’s RESPONSE
 DepEd launched its Child Protection Policy on May
3, 2012, through DepEd Order No. 40, s. 2012, to
promote a zero-tolerance policy for any act of child
abuse, exploitation, violence, discrimination,
bullying and other related offenses
 DepEd conducted a nationwide information
dissemination campaign and is currently
conducting a series of training of trainers (ToT)

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 OVERVIEW OF THE DEPED
CHILD PROTECTION POLICY
D.O. No. 40, s. 2012
 DepEd Order No. 40, 2012
Child Protection Policy

Who is a child?
Any person below eighteen (18) years of age or
those over but are unable to fully take care of
or protect themselves because of a physical or
mental disability or condition.

Pupils or students who may be eighteen (18)

years of age or older but are in school.
 What is Child Abuse?
It is the maltreatment of the child:
1.Psychological & sexual abuse, neglect, cruelty,
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 his 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
growth & development or in his permanent incapacity or
death.
(RA7610)
 Prohibited Acts
a. Child abuse;
b. Discrimination against children;
c. Child exploitation;
d. Violence against children in school;
e. Corporal punishment;
f. Any analogous or similar acts; and
g. Bullying or peer abuse

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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
2. Sexual violence
3. Psychological violence
4. Other acts of violence

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 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.

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DUTIES AND RESPONSIBILITIES OF SCHOOLS

 Ensure the institution of effective child protection

policies and procedures and monitor compliance thereof;
 Adopt a child protection policy, and organize and
convene the Child Protection Committee (CPC) of the
school;
 Conduct the capacity building activities for the members
of CPC and Guidance Counselors/Teachers;
 Ensure that the participatory and other rights of children
are respected and upheld in all matters and procedures
affecting their welfare;
 Coordinate with appropriate offices, agencies or
instrumentalities for appropriate assistance and
intervention
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 PREVENTIVE MEASURES:
Capacity Building of School Officials, Personnel, Parents &
Students
 Strategies:

 Conducting sessions, trainings and seminars on

positive peer relationships and enhancement of
social and emotional competence;

 Using training modules which include positive and

non-violent discipline in classroom management and
gender sensitivity;

 Integrating and teaching children’s rights in the

classroom.

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PROCEDURE: Protective and Remedial Measures to Address Corporal
Punishment and Other Acts of Violence Committed by School Personnel

 Expeditious conduct of investigation and reporting of

cases;
 School Head or the Schools Division Superintendent
shall forward the complaint within 48 hours to the
Disciplining Authority, who shall issue an Order for the
conduct of a fact-finding investigation, not later than 72
hours from submission;
 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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PROCEDURE: Protective and Remedial Measures to Address Corporal
Punishment and Other Acts of Violence Committed by School Personnel

 Criminal and civil liability shall not be a bar to the

filing of an administrative case;
 The Revised Rules of Procedure of DepED in
Administrative Cases shall apply in all other aspects;
 The identity or other information that may reasonably
identify the pupil or student shall remain confidential;
and
 The identity of a respondent-teacher shall likewise be
kept confidential.

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Assessment & Referral of Victims to the Local Social Welfare
and Development Office (LSWDO)

 The School Head may refer the victims and offenders

to the local social welfare and development office
(LSWDO) for assessment and appropriate
intervention

 The CPC will coordinate closely with the Women and

Child Protection Desks of the PNP, the LSWDO,
other government agencies and NGOs, as may be
appropriate

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Reporting and Monitoring System

 The Intake Sheets will be forwarded to the DepEd

Division Office
 The DepEd Division Office will consolidate the reports
on incidents and cases of all schools and submit a
Division Report to the Regional Office
 The DepEd Regional Office will consolidate the
reports on incidents and cases of the Division Offices
within the Region and submit a Regional Report to the
Undersecretary for Legal and Legislative Affairs
 The Central Office will be the Central Repository of
Regional Reports

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 Reporting Requirement
 All schools shall inform their respective schools
division superintendents in writing about the anti-
bullying policies formulated within six (6) months
from the effectivity of the Act.
 Notification shall be an administrative requirement
prior to the operation of new schools.
 Every first week of the start of the schoolyear, the
schools division superintendents shall compile these
data and report the same to the Secretary of the
DepED.

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 Sanction for Non-compliance
 The Secretary of DepED shall prescribe
the appropriate administrative sanctions
on school administrators who shall fail to
comply with the requirements under this
Act.
 Erring private schools shall likewise suffer
the penalty of suspension of their permits
to operate.

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DepEdIRROrder No. 55,
Anti-Bullying Act 2013
2013
 Bullying

Who is a bully?

Any student who commits acts of bullying

Who is the bullied? Who is the victim?
Any student who experiences the acts of bullying
or retaliation
Who is a bystander?
Any person who witnesses or has personal
knowledge of any actual or perceived acts or
incidents of bullying or retaliation
 IMMEDIATE RESPONSE
IRR Anti-Bullying Act 2013

*Interventions involve:
•Stopping the bully/retaliation immediately
•Separating students involved
•Removing the victim or bully from the site
•Ensuring the victim’s safety
•Bring the bully to the guidance counselor/ SP
 Management of Bullying & Other
Acts of Abuse
Protective & Remedial Measures to Address Bullying
and Other Acts of Abuse by a Pupil, Student or
Learner

Student shall SHs shall inform

Psychosocial support;
Punitive measures be referred parents &
as last resort to the CPC hold a meeting
 Fact-finding & Documentation

Separately interview Determine the levels of

the bully and the threats & develop
victim privately intervention strategies

Inform the victim & guardian Make appropriate

of the steps to be taken to recommendations to the CPC on
prevent further acts of proper interventions, referrals
bullying or retaliation and monitoring
MANAGEMENT
 Protective and Remedial Measures
to Address Bullying and Other Acts of Peer Abuse

Complaint

School
Intake head/Principal
Sheet

Child Protection Meeting with parents

Committee of the pupils

Non-punitive
Students are referred measures
for counseling and
other interventions
Punitive
measures as last
option
Protective and Remedial Measures
violations of the prohibited acts by
school personnel
(administrative case)
 Complaint

School Schools Division

head/Principal Superintendent

Disciplining
authority Within 48 hours

If subject is a If subject is a non-

teaching personnel teaching personnel

Not later
Regional Office orders a fact Schools Division Office orders a
than 72
finding investigation fact finding investigation
hours

Preventive Re-assignment Filing of

suspension (up to Administrative
90 days) Preventive Case
suspension
Monitoring Reporting in CP Cases

DepEd Regional Office

(Consolidated
Central Office Reports)
 NO CHILD LEFT BEHIND:

The child offender and victim shall be

provided with the appropriate
intervention in accordance with DO
No. 40 s. 2012 & DO No. 55 s. 2013
NORA DELA PENA-ALBISO,RSW
PDO I