Copy of KM-Legal-Unit_RM-217-s-2021-Child-Abuse-and-Bullying.pdf

Training-Workshop on RM 217, s. 2021
(Localized DepEd Child Protection
Policy)
September 26-29, 2023 @ Angel Hills Retreat and
Formation Center, Tagaytay City
Kelvin P. Matib, Attorney III
Legal Unit, SDO Antipolo City

Absolute truth: WE are all duty-bearers.
So what?
Thus, WE must act accordingly by ensuring child
protection.
Our objective? Prevention is better than cure. Ensure
compliance and avoid violations.
How to ensure compliance or prevent violations of
child protection policies?
Know the DO’s and DONT’s of duty-bearers (Art. IV, s. 20
of the Guidelines) – Ignorantia legis non excusat
2023©Kelvin P. Matib

DepEd Order No. 40, s.
2012
DepEd Order No. 55, s.
2013
• DepEd Child Protection Policy • IRR of RA 10627, Anti-Bullying
Act of 2013
• Covers all forms of Child Abuse
and other prohibited acts
(Section 15)
• Covers Bullying and other
forms of bullying (Rule IV,
Section 5)

Regional Memorandum No. 217, s. 2021:
GUIDELINES ON EXPRESS SYSTEM OF REPORTING AND
INTERVENTION OF CHILD ABUSE, DISCRIMINATION AGAINST
CHILDREN, CHILD EXPLOITATION, VIOLENCE AGAINST CHILDREN IN
SCHOOL, CORPORAL PUNISHMENT AND ANY ANALOGOUS OR
SIMILAR INCIDENTS AND BULLYING INCIDENTS IN DEPED
CALABARZON
(Focusing on its salient provisions)

MENTAL EXERCISES
TRUE OR FALSE
1. Teachers have no special parental authority over their students.
2. Corporal punishment is an act of positive discipline.
3. The School Head shall forward the Intake Sheet to the Disciplining
Authority within 72 hours from receipt of the complaint/report.
4. The Regional Director, as the Disciplining Authority over all teaching
personnel in the entire region, shall act on the Intake Sheet with supporting
documents within 24 hours from receipt thereof.
5. The reporting of child abuse or bullying incident is not mandatory.

ANSWERS:
1. Teachers have no special parental authority over their students. FALSE
2. Corporal punishment is an act of positive discipline. FALSE
3. The School Head shall forward the Intake Sheet to the Disciplining
Authority within 72 hours from receipt of the complaint/report. FALSE
4. The Regional Director, as the Disciplining Authority over all teaching
personnel in the entire region, shall act on the Intake Sheet with
supporting documents within 24 hours from receipt thereof. FALSE
5. The reporting of child abuse or bullying incident is not mandatory.
FALSE

ARTA MANDATE
Source: ARTA
Roadshow

Source: ARTA
Roadshow

OUTLINE
1. Regional Memorandum No. 217, s. 2021
2. Background and Rationale
3. Definition of Terms
4. Express System of Reporting
5. Immediate Responses in Bullying Incidents
6. Authority of the SH in Student Discipline
7. Functions/Composition of Committee on Student Discipline
8. Due Process in Student Discipline
9. Classification of Offenses/Sanctions to be Imposed
10. Guiding Principles
11. Active Participation of SSG
12. Intervention Programs
13. Pool of RGCs
14. Table of Accountabilities and Administrative Liabilities
15. Diagram of Procedures
16. Monitoring and Evaluation
17. Sample Forms
18. References

Background and Rationale (section 2)
DepEd, as a duty-bearer, exerts every effort to uphold the
fundamental rights of children in basic education and ensures that
the schools are zones of peace and safe places for education.
Initially, the complaint or report together with the Intake Sheet and
other supporting documents involving Child Abuse and Bullying
Incidents are being forwarded by the Schools to the Schools Division
Offices concerned.

A systematic reporting of Child Abuse and Bullying Incidents is
indispensable in the efficient and effective implementation of DepEd
Order No. 40, s. 2012, DepEd Order No. 55, s. 2013 and other related
DepEd Orders as it opens a platform for the prevention, early
detection, immediate investigation and intervention, proper case
management, and speedy resolution of Child Abuse and Bullying
Incidents.

DepEd IV-A CALABARZON has identified policy gaps, issues, and
problem areas on the existing reporting mechanisms in the region.
DepEd IV-A CALABARZON acknowledges and recognizes the need of
immediate investigation and intervention, proper case management,
and speedy resolution of Child Abuse and Bullying Incidents in DepEd
CALABARZON.

DepEd Region IV-A CALABARZON aims to streamline the current
reporting systems and procedures relating to Child Protection.
Thus, DepEd Region IV-A CALABARZON adopts the Guidelines to
address the identified policy gaps, issues, and problem areas on the
existing reporting mechanism by reducing the turn-around time and
improving the efficiency and effectiveness of prevention, early
detection, immediate investigation and intervention, proper case
management, and speedy resolution of Child Abuse and Bullying
Incidents taking into account the “Best Interests of Batang
CALABARZON” as the primary and paramount consideration.

Definition of Terms (section 5)
Child abuse:
Refers to the maltreatment of a child, whether habitual or not, which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
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 and development or in his
permanent incapacity or death.

Bullying:
Refers to any severe or repeated use by one or more students of a written,
verbal or electronic expression, or a physical act or gesture, or any
combination thereof, directed at another student that has the effect of
actually causing or placing the latter in reasonable fear of physical or
emotional harm or damage to his property; creating a hostile
environment at school for the other student; infringing on the rights of
the other student at school; or materially and substantially disrupting
the education process or the orderly operation of a school;

Bullying includes:
1. Any unwanted physical contact between the bully and the victim;
2. Any act that causes damage to a victim’s psyche and/or emotional well-
being;
3. Any slanderous statement or accusation that causes the victim undue
emotional distress; and
4. Cyber-bullying or any bullying done through the use of technology or any
electronic means;
5. Any other form of bullying such as social bullying due to origin or
ethnicity and gender-based bullying due to sexual orientation or gender
identity (SOGI).

Community Service
This refers to DISCIPLINARY INTERVENTION imposed on a
learner/pupil/student who violated the rules and regulations of the school or any
of the offenses mentioned in this Guidelines taking into account the learner’s
tender age, medical and health condition, Positive Discipline, and the
Restorative Justice Principle allowing the learner/pupil/student to do
community or school activities inside the school that will further develop
his/her lifelong skills in problem solving, collaboration, time management,
communication, and leadership, among others, for a certain period of hours. The
number of service hours is on a staggered basis.
This is never treated as a punishment to a learner/pupil/student.
Examples of Community Service inside the school are: non-strenuous activities,
clerical works etc. that will develop lifelong skills of a learner/pupil/student.

Initial Contact
Refers to the first immediate contact or private Intake interview with
the alleged child victim, in the presence of his/her parents or guardian,
for purposes of filling-out the Intake Sheet, gathering sufficient
information on the alleged Child Abuse and other forms of abuse and
prohibited acts, and his/her family conditions and circumstances in
order to develop proper intervention strategies for the conduct of
immediate intervention.
This does not involve the conduct of an investigation or clarificatory
questioning of the child victim relative to the administrative
proceedings against the teacher-offender.

Fact-Finding and Documentation
Refers to the procedure undertaken by the Registered Guidance Counselor/Guidance
Teacher/Coordinator of the school whenever there is an incident of Bullying or violation of
the rules and procedures of the school by a learner, pupil or student.
The procedure as follows:
(1) Separate private intake interview with the learner-offender or bully and the child victim or
bullied in the presence of their parents/guardian;
(2) Determine the levels of threats and develop intervention strategies;
(3) Inform the learner-offender or bully and child victim and their parents/guardian as to the
steps to be undertaken to prevent further acts of bullying/retaliation; and
(4) Make appropriate recommendations to the CPC on proper interventions, referral and
monitoring.
This does not involve the conduct of an investigation or clarificatory questioning of the
child victim and the learner-offender or bully relative to the administrative proceedings
against the learner-offender or bully in student discipline.

Student Discipline
Refers to the disciplinary measures, proceedings, and interventions
for the development of the learner/pupil/student taking into account
Positive Discipline and the Restorative Justice Principle.
This is never treated as a punishment to a learner/pupil/student who
violated the rules and regulations of the school or any of the offenses
mentioned in this Guidelines.

Suspension
Refers to a DISCIPLINARY INTERVENTION imposed on a
learner/pupil/student who violated the rules and regulations of the
school or any of the offenses mentioned in this Guidelines taking into
account Positive Discipline and the Restorative Justice Principle
allowing the learner/pupil/student to study at home under Home Study
Program for a certain period of time.
This is never treated as a punishment to a learner/pupil/student.

What to do?
1. Any person who personally witnessed an incident of child abuse and bullying
shall immediately report the same to SH/RGC/Guidance teacher or
coordinator;
2. If identity of reporter is not divulged, he/she is required to put in writing the
information given but his/her identity will be treated as anonymous. On the
other hand, if identity is divulged, he/she will make a written report on the
information given and sign the same. The SH will also note and sign the written
report;
3. If the reporter decides to file a complaint, the SH must require the
complainant to file a written complaint, which is preferably under oath;
Express System of Reporting (section 6)

4. After receipt of complaint or report, the RGC/Guidance
Teacher/Coordinator shall conduct Fact-Finding and Documentation
(for bullying incidents and violation of school policies, rules and
regulations) and immediate intervention;
5. The RGC/Guidance Teacher/Coordinatot shall conduct Initial
Contact (for child abuse incidents or any analogous or similar act) and
immediate intervention;
6. The SH shall fill-out the Intake Sheet after receipt of the written
report or case notes submitted by RGC/Guidance Teacher/Coordinator;

7. Within 48 hours from receipt of complaint/report, the SH shall forward the
Intake Sheet and its supporting documents by emailing the scanned copy to the
RO through Express Email: childsafe.calabarzon@deped.gov.ph (Copy furnished
the SDO Legal Unit concerned);
8. For clarifications and queries as to appropriate actions to be taken, the SH may
call the RO through the Legal Unit for assistance, consultation and guidance
during office hours (8:00am to 5:00pm only) Mobile: 0927 825 8950 or Landline:
(02) 8682-2114 loc. 412;
9. Within 72 hours from receipt of complete documents, the RD, as the
Disciplining Authority, issues an Order to conduct immediate FFI and submisison
of FFI Report.

Composition of CPC per s. 10A of DO 40, s. 2012
v All public elementary and secondary schools shall establish a functional
and visible CPC.
Members:
1. School Head/Administrator;
2. Guidance Counselor/Teacher/Coordinator;
3. Teacher Representative;
4. Parent Representative;
5. Student Representative; and
6. Barangay Representative (Barangay Council for the Protection of
Children).

FUNCTIONS of CPC per s. 10B of DO 40, s. 2012
● INITIATE: School Child Protection & Anti-Bullying Policy; Information
dissemination programs & activities; Coordination with PNP Women &
Child Protection Desks, LSWDO, other Law Enforcement Agencies,
NGOs, civil or religious organizations.
● DEVELOP/IMPLEMENT: School-based referral & monitoring system;
System for identifying students at risk; Positive & effective measures &
procedures in child support.
● ENSURE: Assistance to parents; Identification, referral & reporting of
cases; Respect for child’s right in matters affecting their welfare.

The following are immediate responses in bullying incident:
1. The victim or anyone who witnessed or has personal knowledge of a bullying
incident or retaliation shall immediately call the attention of any school
personnel;
2. The school personnel who was notified of a bullying incident or retaliation shall
intervene, by:
i. Stopping the bullying or retaliation immediately;
ii. Separating the students involved;
iii. Removing the victim or, in appropriate cases, the bully or offending student,
from the site;
iv. Ensuring the victim’s safety, by determining and addressing the victim’s
immediate safety needs; and ensuring medical attention, if needed, and securing
a medical certificate, in cases of physical injury.
Immediate Responses in Bullying Incidents (section 7)

3. Report the incident to the SH; and
4. Bring the bully and victim to the Guidance Office for immediate
intervention and to the duly constituted Committee on Student
Discipline for appropriate action.
Immediate Responses in Bullying Incidents (section 7)

The SH has the authority, accountability, and responsibility in creating
an environment within the school that is conducive to both teaching and
learning.
The SH has the authority to create/designate a Committee on Student
Discipline (CSD).
The SH shall impose and implement disciplinary intervention taking into
account PosDi and Restorative Justice Principle.
Authority of the SH in Student Discipline (sections 8, 9 and 10)

In case of CAR/CICL, SH shall fill-out the Intake Form.
CPC shall refer the matter to PNP-WCPD and DSWD-LSWDO for proper
interventions and may also refer the CAR/CICL to PAO for legal
assistance using the Referral for Service Form.
Authority of the SH in Student Discipline (sections 8, 9 and 10)

Functions:
1. Investigate and determine the seriousness or gravity of the offense
(bullying incidents and violation of school rules and regulations);
2. Investigate and determine whether the bully or learner-offender violated
the rules and regulations of the school or committed any of the offenses
mentioned in the Guidelines; and
3. Submit to the SH a written report containing its findings and
recommendations.
Functions/Composition of Committee on Student
Discipline (section 9)

CSD composition: (not more than 5 but not less than 3)
1. Assistant Principal or representative of SH;
2. Head Teacher or Master Teacher in-charge of the school level where
the bully or learner-offender is enrolled;
3. Class adviser of the bully or learner-offender;
4. A teacher who has exhibited expertise on student discipline; and
5. SSG Adviser.

The minimum requirements of due process are as follows:
1. The learner/pupil/student and the parents or guardian shall be
informed of the complaint in writing;
2. The learner/pupil/student shall be given the opportunity to answer
the complaint in writing, with the assistance of the parents or guardian;
3. The decision of the SH shall be in writing, stating the facts and the
reasons for the decision; and
4. The decision of the SH may be appealed to the SDO (SDS), as provided
in the existing rules of the Department.
Due process in Student Discipline (section 10)

What needs to be done?
1. CSD conducts case conference (issuance of notice of conference;
minutes of meeting; recordings; gathering of relevant facts and written
testimonies);
2. CSD submits written report stating its findings and recommendations;
and
3. SH issues written Decision. The Decision is appealable to the SDS in
the form of an appeal letter except when the penalty is reprimand,
which is final and unappealable. The appeal must be made within
fifteen (15) calendar days from receipt of the decision. The SDS also has
fifteen (15) calendar days to decide on the appeal.

Category:
1. Light Offenses (uttering profanities/swearwords; simple vandalism; fighting);
2. Less Serious or Less Grave Offenses (inflicting less serious physical injuries;
stealing; cheating/dishonesty); and
3. Serious or Grave Offenses (bullying, falsification of school records, possession
of prohibited drugs, serious vandalism, inflicting serious physical injuries,
uploading or sharing one’s recorded or live video or photo with sexual content
in social media platforms).
Note: Offenses may be committed inside the classroom/school premises or
outside school premises during school sanctioned activities.
Classification of offenses and sanctions to be
imposed (sections 9 and 11)

Sanctions: (non-punitive)
Dependent on age, medical, and health conditions of the offender, PosDi,
and Restorative Justice Principle
Note: Classroom adviser of the learner-offender plays an important role
in implementing non-punitive sanction/s.
Classification of offenses and sanctions to be
imposed (sections 9 and 11)

Reasonableness of sanctions v. PosDi and Restorative Justice
Principle

Guiding Principles (section 13)
1. Best Interests of Batang CALABARZON;
2. Incidents of bullying, child abuse, discrimination against children, child exploitation, violence
against children in school, corporal punishment or any analogous or similar act shall be
prioritized over and above all other cases;
3. Maintain a gender-responsive and child-friendly approach in Initial Contact, Fact-Finding
and Documentation, Case Management, and Intervention;
4. Maintain and ensure the strict confidentiality of all informations acquired or gathered;
5. Refrain from branding or labeling the learner/pupil/student as young criminals, juvenile
delinquents, prostitutes or attaching to them in any manner any other derogatory names.
Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to
the learner’s/pupil’s/student’s class or ethnic origin (Section 60, RA 9344); and
6. Positive Discipline and Restorative Justice Principle.

Active participation of SSG (section 14)
A bonafide learner/pupil/student of the school can freely and responsibly
reach out his/her concerns and grievances to the Student Welfare
Committee of the Supreme Student Government (SSG) as stipulated in
Section 14 of the Bill of Rights of students in DepEd Order No. 47, s. 2014.
The Student Welfare Committee and the Supreme Student Government as a
whole, with the guidance and assistance of the SSG Adviser, shall refer
and/or report to proper school authorities any incident of bullying, child
abuse or other forms of abuse and prohibited acts or violations of the rules
and regulations of the school or any of the offenses mentioned in the
Guidelines.
The SSG Adviser may also participate in the Peer Counselling intervention
concerning the learner/pupil/student.

Intervention Programs (section 15)
Levels of intervention:
1. Primary level interventions;
2. Secondary level interventions; and
3. Tertiary level interventions.
Intervention programs shall be under the direct and close supervision of
the RGC/Guidance Teacher/Coordinator with the assistance of support
persons such as the CPC, SSG Adviser, LSWDO-DSWD and RGCs of NGOs
or civic organizations as partners.
The enumeration are suggested intervention programs involving all
parties concerned depending on the needs and assessments.

Pool of RGCs (section 12)
Why is there a need?
To address the shortage and unavailability of RGCs (no readily
available RGC)
Each SDO must organize a pool or registry of RGCs within its
jurisdiction so that in cases where a school/division has no RGC,
another RGC nearest to the school/division can be readily
available to assist the Guidance Teacher/Coordinator. (case
collaboration of RGCs)

Table of Accountabilities and Administrative Liabilities
(section 20)
- Legal Basis: DepEd Order No. 49, s. 2006 – Misconduct and Neglect
of Duty
- RCPPA Manual 2019 (Do’s and Don’ts such as publicity or violation of
confidentiality)
Diagram of Procedures (section 16)

Figure 2. The school receives a
complaint or report of incident
of Child Abuse or other forms
of abuse or prohibited acts
committed by a public school
teacher or any school
personnel.

Figure 3. The school
receives a complaint or
report on incident of bullying
or other forms or any
violation of the rules and
regulations of the school or
any of the offenses
mentioned in this Guidelines
(Student Discipline).

Figure 5. Conduct of
Intervention Program and
referral for further intervention
(case collaboration)

Monitoring and Evaluation (section 21)
The Monitoring and Evaluation Team shall monitor and evaluate the
implementation of the Guidelines to the Schools and SDOs concerned in
DepEd CALABARZON using the Monitoring Tool.
Regional M&E Team: (for division level)
1. RO Legal Unit/CREDe;
2. ESSD-CPU; and
3. RO Child Protection Specialist.
Division M&E Team: (for school level)
1. SDO Legal Unit/CREDe;
2. SGOD-CPU; and
3. Division Child Protection Specialist.

Sample Forms

Working Committee that made it possible

References
1987 Philippine Constitution
United Nations Convention on the Rights of the Child (UN CRC)
Batas Pambansa Blg. 232, Education Act of 1982
PD 603, The Child and Youth Welfare Code
RA 7610, Special Protection of Children Against Abuse, Exploitation and Discrimination Act
RA 4670, Magna Carta for Public School Teachers
RA 9258, Guidance and Counselling Act of 2004
RA 9155, An Act instituting a framework of governance for basic education, establishing
authority and accountability, renaming the Department of Education, Culture and Sports as
the Department of Education, and for other purposes
RA 9344, Juvenile Justice and Welfare Act of 2006 as amended
RA 10630, An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating
the Juvenile justice and Welfare Council under the Department of Social Welfare and
Development, Appropriating Funds Therefor, and for Other Purposes
RA 10173, Data Privacy Act
RA 11032, Ease of Doing Business and Efficient Government Service Delivery Act of 2018

RA 11313, An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online,
Workplaces, and Educational or Training Institutions, Providing Protective Measures and
Prescribing Penalties Therefor (Safe Spaces Act)
2000 DECS Service Manual on School Discipline Rules of Procedure
DepEd Order No. 40, s. 2012, DepEd Child Protection Policy
DepEd Order No. 55, s. 2013, Implementing Rules and Regulations (IRR) of Republic Act No.
10627 otherwise known as the Anti-Bullying Act of 2013.
DepEd Order No. 13, s. 2015, Establishment of a Policy Development Process at the Department
of Education
DepEd Order No. 18, s. 2015, DepEd Guidelines and Procedures on the Management of Children-
at-Risk (CAR) and Children in Conflict with the Law (CICL)
DepEd Order No. 32, s. 2017, Gender-Responsive Basic Education Policy
DepEd Order No. 003, s. 2021, Creation of the Child Protection Unit (CPU) and the Child Rights in
Education Desk in the Department of Education (CREDe)
DepEd Order No. 47, s. 2014, Constitution and By-Laws of the Supreme Pupil Government for
Elementary Schools and Supreme Student Government for Secondary Schools
Department Memorandum No. DM-OUCI-2021-055, Guidelines on the Counselling and Referral
System of Learners for SY 2020-2021
References

References
Regional Memorandum of Deped
CALABARZON:
(1) Regional Child Protection Policy and
Anti-Bullying Manual (RCPPA Manual);
and
(2) DepEd Region IV-A CALABARZON Data
Privacy Manual
Positive Discipline in Everyday Teaching. A
Primer for Filipino Teachers (November
2015)
Piaget’s 4 Stages of Cognitive Development
LRPO Concerns:

“It takes a village to raise a child”
- African Proverb
5 Vitamin C’s: Compliance,
Coordination, Collaboration,
Cooperation, and Complementary roles
and responsibilities

The biggest and greatest “C” is Jesus
Christ alone.
DO NOT WORRY…
ü Put on the full armor of God
ü Buckle up the Belt of Truth
ü Wear the Breastplate of Righteousness
ü Take up the Shield of Faith
ü Take on the Helmet of Salvation with the
Sword of the Spirit (Ephesians 6)

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