Child Protection Policy

Department of Education

DepEd Order no. 40 series of 2012

MA.ROSE D. SAMARITA
Secondary School Teacher I

LOGO
 Policy and Guidelines on
Protecting Children in School
from Abuse, Violence,
Exploitation, Discrimination,
Bullying and Other Forms of
Abuse

LOGO
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

b. "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

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 comply 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
 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.