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DepEd Order No.40,s.2012
CHILD PROTECTION
POLICY
Policy and Guidelines on Protecting Children
In School from Abuse, Violence, Exploitation,
Discrimination, Bullying and Other Forms
Of Abuse
Presented by: Mrs. Victoria O. Superal
Introductory Activity: Identify the
following cases
1. Education Secretary Armin Luistro said
that when he was in kindergarten, an irate
music teacher approached him when she
saw him chatting with his classmates. His
teacher put a scotch tape on his lips.
2. Stalking or constantly following or pursuing
a person in his or her daily activities, with
unwanted and obsessive attention.
3.Students are forced to give objects or
money, usually in the form of school
contributions or payments for school
projects. If unable to pay, they were
either punished, ordered to leave the
class, or disallowed from taking exams.
4. Harassment, intimidation, or humiliation,
through electronic means or other
technology.
Summary of Reports on Bullying, Child
and Sexual Abuse Cases (SY 2012-2013)
Region Bullying Child Abuse Total
CAR 216 12 228
NCR 443 46 489
I 24 6 30
II 7 9 16
III 10 8 18
IV-A 112 71 183
IV-B 48 19 67
V 18 31 49
VI 114 20 134
VII 13 17 30
Summary of Reports on Bullying, Child
and Sexual Abuse Cases (SY 2012-2013)
REGION BULLYING CHILD ABUSE TOTAL
VIII 6 10 16
IX 5 11 16
X 1 4 5
XI 61 6 67
XII 85 11 96
XIII 2 10 12
TOTAL 1165 291 1456
PERCENTAGE 80% 20% 100%
Violence, Physical, Verbal and Sexual Abuse
Inflicted by Teachers & Other School
Personnel
 3 out of 10 children in Grades 1-3 and almost 5
out of 10 in high school experienced physical
violence committed by teachers;
 4 out of 10 children in Grades 1-3 and 7 out 10 in
higher grade levels experienced verbal abuse by
their teachers;
 36.53% of children in Grades 4-6 and 42.88% of
high school students experienced verbal sexual
violence in school and 11.95% of children in
Grades 4-6 and 17.60% of high school students
have experienced inappropriate touching.
Violence, Physical, Verbal and Sexual Abuse
Inflicted by Teachers & Other School Personnel
 73.58% of children in Grades 4-6 and 78.36% in
high school in urban areas suffered verbal
abuse violence from their peers;
 30.17% of children in Grades 4-6 and 37.57% in
high school in rural areas experienced physical
abuse or violence committed by their peers;
 26.74% of children in Grades 4-6 and 43.71% in
high school in urban areas experienced verbal
sexual abuse committed by their peers and
9.65% of Grades 4-6 & 17.71% of high school
students experienced inappropriate touching
DEPED RESPONSES
 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.
Legal Bases
 The Philippine Constitution
*The State shall protect 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(b))
Legal Bases
 The Philippine Constitution
* All educational institutions shall....foster
love of humanity, respect for human
rights......develop moral character and
personal discipline...(Art. XIV, Sec. 3,
(b))
Legal Bases
 Convention on the Rights of the Child
*Protect children from all forms of
violence, injury or abuse.
*Establishes the Right of the Child to
Education.
Article 218,220, 233 of the Family
Code of the Phil. and PD 603
 “gives the school , its administrators and
teachers, or the individual, entity or
institution engaged in child care the special
parental authority and responsibility over
the minor child while under their
supervision, instruction or custody”......
 “Authority and responsibility shall apply to
all authorized activities whether inside or
outside the premises of the school, entity
or institution....”
Definition of Terms
 “Child”- refers to any person below eighteen (18)
years of age or those over but are unable to fully
take care of 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
maybe eighteen years of age or older but are in
school.
 Child Protection- refers to programs, services,
procedures and structures that are intended to
prevent and respond to abuse, neglect,
exploitation, discrimination and violence.
Coverage
 Children who are enrolled in the basic
education system;
 School Personnel
* School Head
* Teaching or Non-Teaching
School Visitor or Guest
*Media
*Supplier or Bidders
* Parents and Guardians, etc.
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
Child Abuse: RA No. 7610 also known as
“Special Protection of Children Against Abuse
Exploitation 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;
Child Abuse
5. Unreasonable deprivation of the child’s
basic needs for survival;
6. Failure to immediate give medical
treatment to an injured child resulting in
serious impairment of the child’s growth
and development and permanent
incapacity or death.
Discrimination against children
 Refers to an act exclusion, distinction,
restriction or preference which impairs
the recognition, enjoyment or exercise by
all pupils or students on an equal footing,
of all rights and freedom.
Child Exploitation
Refers to the use of children for someone
else’s advantage, gratification or profit
resulting in unjust, cruel and harmful
treatment of the child.
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,
assaults, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited
to the following acts:
1. Physical violence 3. Psychological violence
2. Sexual violence 4. Other acts of violence
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.
Bullying or Peer Abuse
 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.
Cyber-Bullying
 Is any conduct which results to
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.
Procedures in Handling Bullying & other Acts of
Abuse in School
 It shall be acted upon by the School Head who
shall inform the parents or guardians of the
victim and offending child;
 The incident will be referred to the Child
Protection Committee for counseling and other
interventions
 The school may impose Non-punitive Measures
in accordance with the principles of Positive
and Non-Violent Discipline
 If warranted, penalties may be imposed by the
School Head
Penalties
 1st Offense- reprimand
 2nd offense and subsequent time-
suspension for not more than one week
(this after the offending child has received
counselling or other interventions)
 Note: during the period of suspension, the
offending child and the parents or
guardians may be required to attend
further seminars and counselling.
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 Counselor /teacher;
 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
Taclobo National High School Child
Protection Committee
Mrs. Maritza S. Ributaso
Chairperson
Dr. Daphne
G. Nodado
Mrs. Maria Lety
Maquiling
Jerson Q.Orbeta
Brgy. Taclobo &
Batimguel Social
Workers
Ms. Charlene D. Repe
Vice Chairperson
Protective and Remedial Measures to Address Corporal
Punishment and Other Acts of Violence Committed by
School Personnel
PROCEDURE:
 Expeditious conduct of investigation and
reporting of cases;
 School Head or the School Division
Superintendent shall forward the complaint
within 48 hrs. 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 School Division Superintendent
shall cause the conduct of a fact finding
investigation within the same period;
Procedure
 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.
Assessment & Referral of Victims to the
local Social Welfare and Development
office
 The School Head may refer the victims
and offenders to the local social welfare
and development office 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.
Concluding Questions:
 What makes Child Protection Policy
important in our school?
 How can we prevent corporal punishment
towards our students?
 How will you address the problem of
bullying in our school?
 If one of your students inform you that
your fellow male teacher touched her
personal parts of the body, What will you
do?
Reflection Song:
An Abuse Child Prayer
Thank You!

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Dep ed order Number 40, series of 2012

  • 1. DepEd Order No.40,s.2012 CHILD PROTECTION POLICY Policy and Guidelines on Protecting Children In School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms Of Abuse Presented by: Mrs. Victoria O. Superal
  • 2. Introductory Activity: Identify the following cases 1. Education Secretary Armin Luistro said that when he was in kindergarten, an irate music teacher approached him when she saw him chatting with his classmates. His teacher put a scotch tape on his lips. 2. Stalking or constantly following or pursuing a person in his or her daily activities, with unwanted and obsessive attention.
  • 3. 3.Students are forced to give objects or money, usually in the form of school contributions or payments for school projects. If unable to pay, they were either punished, ordered to leave the class, or disallowed from taking exams. 4. Harassment, intimidation, or humiliation, through electronic means or other technology.
  • 4.
  • 5. Summary of Reports on Bullying, Child and Sexual Abuse Cases (SY 2012-2013) Region Bullying Child Abuse Total CAR 216 12 228 NCR 443 46 489 I 24 6 30 II 7 9 16 III 10 8 18 IV-A 112 71 183 IV-B 48 19 67 V 18 31 49 VI 114 20 134 VII 13 17 30
  • 6. Summary of Reports on Bullying, Child and Sexual Abuse Cases (SY 2012-2013) REGION BULLYING CHILD ABUSE TOTAL VIII 6 10 16 IX 5 11 16 X 1 4 5 XI 61 6 67 XII 85 11 96 XIII 2 10 12 TOTAL 1165 291 1456 PERCENTAGE 80% 20% 100%
  • 7. Violence, Physical, Verbal and Sexual Abuse Inflicted by Teachers & Other School Personnel  3 out of 10 children in Grades 1-3 and almost 5 out of 10 in high school experienced physical violence committed by teachers;  4 out of 10 children in Grades 1-3 and 7 out 10 in higher grade levels experienced verbal abuse by their teachers;  36.53% of children in Grades 4-6 and 42.88% of high school students experienced verbal sexual violence in school and 11.95% of children in Grades 4-6 and 17.60% of high school students have experienced inappropriate touching.
  • 8. Violence, Physical, Verbal and Sexual Abuse Inflicted by Teachers & Other School Personnel  73.58% of children in Grades 4-6 and 78.36% in high school in urban areas suffered verbal abuse violence from their peers;  30.17% of children in Grades 4-6 and 37.57% in high school in rural areas experienced physical abuse or violence committed by their peers;  26.74% of children in Grades 4-6 and 43.71% in high school in urban areas experienced verbal sexual abuse committed by their peers and 9.65% of Grades 4-6 & 17.71% of high school students experienced inappropriate touching
  • 9. DEPED RESPONSES  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.
  • 10. Legal Bases  The Philippine Constitution *The State shall protect 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(b))
  • 11. Legal Bases  The Philippine Constitution * All educational institutions shall....foster love of humanity, respect for human rights......develop moral character and personal discipline...(Art. XIV, Sec. 3, (b))
  • 12. Legal Bases  Convention on the Rights of the Child *Protect children from all forms of violence, injury or abuse. *Establishes the Right of the Child to Education.
  • 13. Article 218,220, 233 of the Family Code of the Phil. and PD 603  “gives the school , its administrators and teachers, or the individual, entity or institution engaged in child care the special parental authority and responsibility over the minor child while under their supervision, instruction or custody”......  “Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution....”
  • 14. Definition of Terms  “Child”- refers to any person below eighteen (18) years of age or those over but are unable to fully take care of 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 maybe eighteen years of age or older but are in school.  Child Protection- refers to programs, services, procedures and structures that are intended to prevent and respond to abuse, neglect, exploitation, discrimination and violence.
  • 15. Coverage  Children who are enrolled in the basic education system;  School Personnel * School Head * Teaching or Non-Teaching School Visitor or Guest *Media *Supplier or Bidders * Parents and Guardians, etc.
  • 16. 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
  • 17. Child Abuse: RA No. 7610 also known as “Special Protection of Children Against Abuse Exploitation 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;
  • 18. Child Abuse 5. Unreasonable deprivation of the child’s basic needs for survival; 6. Failure to immediate give medical treatment to an injured child resulting in serious impairment of the child’s growth and development and permanent incapacity or death.
  • 19. Discrimination against children  Refers to an act exclusion, distinction, restriction or preference which impairs the recognition, enjoyment or exercise by all pupils or students on an equal footing, of all rights and freedom. Child Exploitation Refers to the use of children for someone else’s advantage, gratification or profit resulting in unjust, cruel and harmful treatment of the child.
  • 20. 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, assaults, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to the following acts: 1. Physical violence 3. Psychological violence 2. Sexual violence 4. Other acts of violence
  • 21. 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.
  • 22. Bullying or Peer Abuse  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.
  • 23. Cyber-Bullying  Is any conduct which results to 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.
  • 24. Procedures in Handling Bullying & other Acts of Abuse in School  It shall be acted upon by the School Head who shall inform the parents or guardians of the victim and offending child;  The incident will be referred to the Child Protection Committee for counseling and other interventions  The school may impose Non-punitive Measures in accordance with the principles of Positive and Non-Violent Discipline  If warranted, penalties may be imposed by the School Head
  • 25. Penalties  1st Offense- reprimand  2nd offense and subsequent time- suspension for not more than one week (this after the offending child has received counselling or other interventions)  Note: during the period of suspension, the offending child and the parents or guardians may be required to attend further seminars and counselling.
  • 26. 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 Counselor /teacher;  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
  • 27. Taclobo National High School Child Protection Committee Mrs. Maritza S. Ributaso Chairperson Dr. Daphne G. Nodado Mrs. Maria Lety Maquiling Jerson Q.Orbeta Brgy. Taclobo & Batimguel Social Workers Ms. Charlene D. Repe Vice Chairperson
  • 28. Protective and Remedial Measures to Address Corporal Punishment and Other Acts of Violence Committed by School Personnel PROCEDURE:  Expeditious conduct of investigation and reporting of cases;  School Head or the School Division Superintendent shall forward the complaint within 48 hrs. 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 School Division Superintendent shall cause the conduct of a fact finding investigation within the same period;
  • 29. Procedure  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.
  • 30. Assessment & Referral of Victims to the local Social Welfare and Development office  The School Head may refer the victims and offenders to the local social welfare and development office 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.
  • 31. Concluding Questions:  What makes Child Protection Policy important in our school?  How can we prevent corporal punishment towards our students?  How will you address the problem of bullying in our school?  If one of your students inform you that your fellow male teacher touched her personal parts of the body, What will you do?