What You Need to Know About Deped Child Protection Policy

May 14, 2012

DepEd Order No. 40, s. 2012

DEPED CHILD PROTECTION POLICY

To:

Undersecretaries
Assistant Secretaries
Bureau Directors
Directors of Services, Centers and Heads of Unit
Regional Secretary, ARMM
Regional Directors
Schools Division/City Superintendents
Chiefs of Divisions
Heads, Public and Private Elementary and Secondary Schools
All Others Concerned

For the information and guidance of all concerned, the Department of Education (DepEd) issues the enclosed copy of the Policy and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse entitled “DepEd Child Protection Policy.”

Pursuant to Section 26 thereof, this DepEd Order shall take effect immediately upon issuance.

All Orders, Memoranda and other related issuances inconsistent with these policy and guidelines are deemed amended accordingly upon its effectivity.

Immediate dissemination of and strict compliance with this Order is directed.

BR. ARMIN A. LUISTRO FSC
Secretary

Policy and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse (DepEd Order No. 40, s. 2012)

GENERAL PROVISIONS

Section 1. Short Title

This Department Order shall be known as the “DepEd Child Protection Policy.”

Section 2. – Statement of Policy

Pursuant to the 1987 Constitution, the State shall defend 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 (Article XV, Section 3 [2]).

The Constitution further provides that all educational institutions shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. (Article XIV, Section 3 [2]).

The Convention on the Rights of the Child (CRC) aims to protect children from all forms of physical or mental violence, injury and abuse, neglect or negligent treatment, maltreatment and exploitation, including sexual abuse. The same Convention establishes the right of the child to education, and with a view to achieving this right progressively, and on the basis of equal opportunity, it obliges the government to take measures to encourage regular attendance in school and reduce dropout rates. Thus, it is mandated that all appropriate measures be undertaken to ensure that school discipline is administered in a manner consistent with the child’s human dignity, and in conformity with the CRC.

Towards this end, the Department of Education (DepEd), in collaboration with its partners and stakeholders, shall ensure that all schools are conducive to the education of children. The best interest of the child shall be the paramount consideration in all decisions and actions involving children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children, as enunciated in the CRC. Teachers and learning facilitators especially in learning centers are their substitute parents, and are expected to discharge their functions and duties with this in mind. In this connection, the Family Code empowers the school, its administrators and teachers, or the individual, entity or institution engaged in child care to exercise the special parental authority and responsibility over the child, while under their supervision, instruction or custody.

The Department recognizes that cases of abuse may arise as a result of the difficult situations faced by teachers and other officials within and outside school.

DepEd has adopted the policy to provide special protection to children who are gravely threatened or endangered by circumstances which affect their normal development and over which they have no control, and to assist the concerned agencies in their rehabilitation.

Furthermore, this Department aims to ensure such special protection from all forms of abuse and exploitation and care as is necessary for the child’s well-being, taking into account the primary rights and duties of parents, legal guardians, or other individuals who are legally responsible and exercise custody over the child. DepEd recognizes the participatory rights of the child in the formulation and implementation of policies, and in all proceedings affecting them, whether they be victims or aggressors, either directly, or through a representative.

Accordingly, this Department reiterates a zero tolerance policy for any act of child abuse, exploitation, violence, discrimination, bullying and other forms of abuse, and hereby promulgates this Department Order.

Section 3. – 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.

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.

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.

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.

d. “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;

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.

I. “Child Abuse” – refers to the maltreatment of a child, whether habitual or not, which includes any of the following:

1) psychological or 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 the child’s 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 or her growth and development or in the child’s permanent incapacity or death (Sec. 3 [b], RA 7610).

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.

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.

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.

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.

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.

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

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.

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.

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:

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;

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.

1) 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.

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.

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:

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;

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;

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.

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 4. Central Office

The DepEd Central Office shall have the following duties and responsibilities:

A. Develop a policy and guidelines for the prevention of violence against children in schools and make these available to all schools;

B. Conduct a nationwide information dissemination and campaign on violence prevention programs for children and researchbased best practices for teachers, which are intended to promote new techniques, methodologies and research related to teaching, classroom management, child development, positive and non-violent discipline;

C. Devise programs, campaigns and activities through the Offices of the Undersecretary for Programs and Projects and Regional Operations, to raise consciousness, mobilize and educate the students, parents, teachers, community, local government units and other stakeholders in addressing child abuse, exploitation, violence, discrimination and bullying; and

D. Formulate a system of standard reporting, prescribe standards and procedures for monitoring and evaluation, and maintain the central repository of Regional Reports (Annex “A”) on incidents and cases of child abuse, exploitation, violence, discrimination, bullying and other acts of abuse, through the Office of the Undersecretary for Legal and Legislative Affairs.

The data on the number and types of reports made under these guidelines, the results of investigations undertaken to verify the details made in the complaints, the sanctions imposed, the action taken and the interventions adopted, are to be maintained on an annual aggregated basis.

E. The Secretary shall exercise disciplinary jurisdiction, where appropriate, pursuant to the Revised Rules of Procedure of the Department of Education in Administrative Cases and other existing laws, rules and regulations.

Section 5. Regional Offices

The Regional Offices shall have the following duties and responsibilities:

A. Encourage and support advocacy campaigns and capability building activities on the prevention of child abuse, violence, exploitation, discrimination, bullying and other forms of abuse, promotion of positive and non-violent discipline, conflict resolution and peer mediation;

B. Consolidate reports on incidents and cases of the Division Offices within the Region and submit a Regional Report (Annex “A”) to the Undersecretary for Legal and Legislative Affairs;

C. Monitor and evaluate the implementation and enforcement of this Department Order by the Schools Division Offices and such other related laws and regulations relative to abuse, exploitation, violence and discrimination of children;

D. Exercise disciplinary jurisdiction, where appropriate, pursuant to the Revised Rules of Procedure of the Department of Education in Administrative Cases and other existing laws, rules and regulations; and

E. Give recommendations to the Central Office on the policies, programs, and services, to address and prevent cases of child abuse, exploitation, violence and discrimination, bullying and other acts of abuses, consistent with this Department Order.

Section 6. Division Offices

The Division Offices shall have the following duties and responsibilities:

A. Conduct the information-dissemination activities and in-service training for teachers on the protection of children in school from abuse, violence, exploitation, discrimination, bullying or peer abuse and other related cases;

B. Undertake advocacy campaigns and capability building activities to enable the schools to do the following:

  • Apply positive and non-violent discipline,
  • Formulate and implement guidelines and procedures to emphasize the role of all stakeholders and other persons in the prevention and reporting of cases of bullying, and
  • Provide conflict resolution or peer mediation, including referral to appropriate service providers, if needed;

C. Organize and conduct the capacity building activities for members of the Child Protection Committee and Guidance Counselors/Teachers; including, but not limited to the identification of students who may be suffering from significant harm based on any physical, emotional or behavioral signs;

D. Develop strategies to address the risk factors that contribute to the commission of acts of abuse, violence, exploitation, discrimination, and bullying;

E. Consolidate the reports on incidents and cases of all schools and submit a Division Report (Annex “A”) to the Regional Office;

F. Monitor and evaluate the implementation and enforcement by public and private schools of this Department Order and such other related laws and regulations relative to abuse, exploitation, violence and discrimination of children;

G. Exercise disciplinary jurisdiction, where appropriate, pursuant to the Revised Rules of Procedure of the Department of Education in Administrative Cases and other existing laws, rules and regulations;

H. Give recommendations to the Regional Office and devise measures to address and prohibit abuse, exploitation, violence and discrimination, and bullying or peer abuse of children, consistent with this Department Order;

I. Utilize resources, coordinate with appropriate offices and other agency or instrumentality for such assistance as it may require in the performance of its functions;

J. Encourage and support activities and campaigns initiated by stakeholders; and

K. Perform such other functions, as may be assigned by the Secretary or the Regional Director.

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”).

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;

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 capabilitybuilding 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;

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;

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.

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 nonacademic 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.

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;

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;

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.

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;

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

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.

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.

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
  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).

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;
  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;
  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.

PREVENTIVE MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION, VIOLENCE, DISCRIMINATION AND BULLYING AND OTHER ACTS OF ABUSE

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.

They shall use training modules which include positive and nonviolent 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);
  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;
  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.

PROTECTIVE AND REMEDIAL MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION, VIOLENCE, DISCRIMINATION, BULLYING AND OTHER ACTS OF ABUSE

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.

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.

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;

(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.

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.

RULES AND PROCEDURES IN HANDLING CHILD ABUSE, EXPLOITATION, VIOLENCE AND DISCRIMINATION CASES

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.

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. These periods shall be strictly observed, except when justified by circumstances beyond their control; Provided, that, if the person complained of is a nonteaching 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.

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 psychosocial 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 psychosocial intervention, if such is warranted.

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.

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 sworn 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.

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 Section 9 of R.A. 4670.

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.

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.

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.

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.

B. Private Schools

Section 20. Complaint against school personnel or official.

A complaint for child abuse, violence, exploitation or discrimination in a private school shall be filed with the School Head/Chief Executive Officer and shall be acted upon pursuant to the school’s rules of procedures on administrative cases. The penalty shall be that which is provided by the rules of the school, subject to the requirements of due process. The administrative case shall be without prejudice to any civil or criminal case that may be filed.

Section 21. The private school shall submit the report (Annex “A”) to the Division Office after each school year.

REFERRAL AND ASSESSMENT OF VICTIMS AND OFFENDERS AND OTHER CHILDREN

Section 22. Referral and Assessment.

In all cases involving child abuse, violence, exploitation, discrimination, bullying and other acts of abuse, the CPC shall accomplish the Intake Sheet (Annex “B”). The School Head may refer the victims and offenders in cases involving child abuse, exploitation, discrimination, bullying or peer abuse and other acts of abuse, to the LSWDO for assessment. The LSWDO shall determine the appropriate intervention.

The School Head, with the aid of the assigned Guidance Counselor/Teacher, and in coordination with the LSWDO, shall immediately remove the victim, or in appropriate cases the offender, from the place of the incident, if the victim is determined to be at risk. The child’s family shall be informed of any action taken.

The School Head may also refer to the LSWDO other pupils, students or learners who are victims of abuse at home, children at risk, children in especially difficult circumstances, children with special needs or at risk, children facing difficult situations, or those who are exhibiting signs of aggressive behavior, with a view to obtaining professional assessment, appropriate interventions and assistance from competent service providers.

MISCELLANEOUS PROVISIONS

Section 23. Duties of Private Schools

Private Schools shall be responsible for promulgating a school child protection policy, including a policy on bullying, a protocol for reporting and procedures for handling and management of cases, consistent with these policies and guidelines.

Section 24. – Separability Clause

Any part or provision of this Department Order which may be held invalid or unconstitutional shall not affect the validity and effectivity of the other provisions.

Section 25. Repealing Clause

All prior Department Orders or other issuances, or provisions thereof, which are inconsistent with this Department Order are hereby repealed, revised or modified accordingly.

Section 26. – Effectivity

This Department Order shall take effect immediately upon issuance.

BR. ARMIN A. LUISTRO FSC
Secretary

DOWNLOAD DEPED ORDER NO. 40, S. 2012

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61 Comments
  1. eric says

    During prayer time before going home we instructed our students to put their bags inside their classrooms and yet some of the students opt and not to follow the rules,. The teacher went to the line of the students and throw their bags to the ground for disciplinary reasons. Did the teacher committed mistake for doing that? do we have a policy for that reason?? And how far did the teacher get through it? thank you!

  2. Luningning says

    Good evening sir,
    My son is a grade 12 student in a private school..it happened that he reach the points of demerits ..one rule in his school is to prohibit the coupling,,my my child have a relationship to the student…their relation was caught..ang he write a promise in front of the board of trustee to refrain from that relationship…but one day my child and the girl.caught again talking..it is possible to expelled my child from the school since it last two months for the school year.thanks.

  3. Ananymous says

    Tama po bang hampasin ng lapis na magkakasama(3 pcs) ang kamay ng bata. Parehong kamay magkabila bilang paaran ng pagdidisiplina? Hampasin ng malakas sa palad naman.

  4. Walter jimenez says

    ask ko pang po is about sa teacher naming inaabuso yung authority nya, hindi nya na po kami pinapapasok sa klase and ayaw nya pa rin kami papasukin sa mga next meet sa kanya. It affects our grades, how to solve this po?

  5. Maricel hipolito says

    Ano po ang mga responsibilities and rights pati mga dapat ko demand para sa anak kong 6 years old grade 1 student na naaksidente sa isang private university,nabagsakan po sya ng malaking puno sa loob ng school nila at sa sobrang bata pa ng anak ko nagkaron sya ng mga major operations dahil sa accident na yun na fractured ung right hips nia kaya nilagyan nila ng 2 titanium,at tinanggalan na po sya ng splean dahil sa sobrang lakas ng impact sa may part ng tiyan ng anak ko kaya nawasak yung splean nia nag internal bleeding kaya kailangan daw na alisin nalang yun para wag makasama .gusto ko lng po malaamn kung ano ano po ba mga rights at mga dapat na makuha ng anak ko lalo na ngayon single mom ako ,gusto ko po malaman lahat ng mga dapat na ibigay ng school para sa anak ko napaka bata niya pa.bukod s medical support ano pa po mga rights ko bilang magulang niya at rights ng minor age na anak ko ngayon na habang buhay na sya nawalan ng splean at sa pagkaka bali ng buto niya sa balakang niya diba po di na sya normal na bata ngayon.please help my son ..

  6. Lindsay Gapuzan says

    wala syang tnuro pero pnapagawa na nya biset

  7. Lindsay Gapuzan says

    ask ko lang po.. pano po kung yung teacher namin sa ict inaabuso nya kami sa pag gawa ng proyek to pinapahirapan nya kami at yung mga pna pagawa nyang proyek ang mamahal public school lng kami.. yung sa test namin in 4th grading cost 190 peso para lang dun sa mga cable wire rj 45 tsaka pagkatapos ng test kukunin nya? … nagagalit sya sa min sa isang pagkakamali.. sinasama nya yung galit nya samin sa fam prob nya nadadamy kami ang dami nyang pna pagawa kakaunti lang yung time.. yung para sa project namin malaki babayaran namin doon. parang angyayaman namin.. e pawang kawawa kami.. last year ulit nagpapaproject sya pero isang student dalawang tarpulin gastos nanaman pero saan napunta yung pnaggagawa namin naaalikabokan na , wala namang silbi..
    nahihirapan kami.. this year yung mga project namin subrang dami hindi panya kami pnapansin feeling nya parang ang laki ng kasalanan namin.. maliit na bagay.. angdamina naming naitulong sa knya.. yung mga dapat nya gawain , kami pagumagawa noon.. tas ngayun yung mga matatalino lang pinapaboran nya? feeling mali na gnagawa nya e.. anong gagawin ko?

    1. ana says

      ask ko lang po kung anong diciplinary action ang pwedeng ipataw sa teacher na nag discriminate ng student nia?????yung anak ko is 7 years old and studying or enrolled in a private catholic school,grade 2 has 2 section A & B we were informed that there is equallity and fairness regardless you are a sectio A nor B…..but this teacher everytime may presentation or activity sa school and sabay mag present ang dalawang section parati nia binabalewala ang second section and that made our children INFERIOR to the other class just last week our children is practicing for their moving up and we are informed again that our costume for presentation is different from the other sectio and we ask favor to our advicer to ask the teacher if we could also use the same costume as the other section use….. pero ang sagot nia “NO! KING IPAGPILITAN NYO NA MAGSUOT NG KAGAYA NAMIN WAG NA KAYU SASALI SA PRESENTATION”said the teacher…..Where is EQUALITY and FAIRNESS na sinasabi nila we the parents felt insulted please do advice me on what to do thanks

  8. Eyan says

    Pwede po bang magbagsak ang teacher kapag galit sya sa estudyante nya dahil sa hindi pakikinig? + pwede ba syang magpahiya ng estudyante nya kung di nya alam ang sagot? Please reply asap

  9. Kimmi Capunihan says

    Ask Ko Lgg po. pano po kung ung mismong guro ung may mali. nag reklamo sila ng cyber bullying pero nagiging one sided ang head ng guigance dahil kesho anak daw ng taecher ung kinalaban di po ba bias yun porket may katungkulan ung mother nya kung nandun naman po sa mag ina ung mali. grabe din naman po kase ung ginawa ng anak nya pero ung kabilang side lgg ung pinakikinggan nila. parehas naman pong may mali.

  10. rexy says

    Positive and Non-Violent discipline of Children such as….

  11. Mark Symon Rivera says

    Ayos lang po bang paglinisin ng CR ang mag aaral tuwing na lelate na pumasok sa school. Actually maraming activities saka studies na rin po yung di ko napapasukan kapag pinag lilinis ako, salamat po sa reply- Shs student Grade 11

    1. Unknown says

      Its because you are late and it is punishable. manage your time very well para makapasa ka. Do not make excuses. kaya namang agahan bat ka pa magpapalate?

  12. Mon says

    Hello,

    Would like to seek help po sana regarding our Child’s case, he has adhd and is enrolled in a school program that caters specifically to his condition, but right now he is about to be dismissed due to cases that escalated because of the wrong interventions of the teachers. Another issue is that we were not immediately informed about each of the alleged cases after they happened, but instead were all discussed to us in one sitting, leaving us unable to have a proper intevention and opportunity to talk to our son and his therapist, the school also put him in preventive suspension the same day we were informed of the alleged cases which was a day before the Christmas party, after answering all allegations and pointing out how the teachers mishandled the situations that prompted the incidents to escalate, our son was deliberated as per the principal, and is now facing dismissal. We are now given 7 days to appeal for reconsideration, we are hoping that you can help us with our current situation. Would appreciate it if we can contact you for advice, because we feel that it is not fair for our son to be treated this way. Thank you

  13. elena B. Joson says

    ask ko lang po wat disciplinary action ang pwede ipataw sa isang teacher (in a private school) na pinindot ang ilong ng kanyang pupil at nasugat ang ilong na ito..will a one-week suspension be enough

    1. Marlon Magsino says

      pwede nyo ipatanggal sa trabaho (like what every non-teaching person wants)

  14. Maricket A Rosario says

    Good day po, gusto ko lang pong malaman kung ano po ang dapat na disiplinary action na ipapataw sa teacher ng anak ko. Nagaaral po sya sa Fiat Luc Academe dito sa imus cavite branch. Tungkol po ito sa examination nila. Dated oct 26,27 at 28. Tatlo po ang anak ko na nagaaral sa school sa Fiat isang grade 7, grade 5 and kinder. Di po kasi ako nakabayad agad ng tuition fee nila ng month of oct. since exam na nila nung oct 26,27 at 28. 1st day po ng exam pumasok po ung dalawa kong elementary at nakapagexam po silang dalawa ngaun po ung grade 7 ko pumasok po ng hapon kasi panghapon po exam nya knowing n makakapagtake sya ng exam. Dumating po sya ng bahay 7pm na po then kinamusta ko exam nya sabi nya di daw sya pinayagan ng teacher na magtake ng exam kasi po wla syang permit kaya po pinalabas po sya ng room at pinagstay po sya sa corridor ng 3hrs and 30mins. Sa awa ko sa anak ko bakit kako di man lang ako tinext ng teacher or ng skul about that na di sya pinagexam at pinalabas sya ng klase. Sana man lang pinauwi na lang sya kaysa nagstay sya sa corridor na wla man lang upuan. Para nilang kinawawa ang anak ko. Di man lang sila pinapunta sa library or sa faculty man lang. naawa ako sa anak ko eh babae pa naman un na nasa labas ng room na pwede pang maging dahilan ng pagbully ng mga kaklasmate nya after the exam. Kung ikaw na magulang maaawa ka sa situation ng anak ko pano kung mahina ung anak ko sa ginawa nilang pagpapalabas sa kadahilanan di lang nakabayad ng isang buwan. Sa galit ko pumunta ako sa school nila para kausapin ang principal para sa maling pagtrato sa anak ko parang lumalabas na act of discrimination ung ginawa sa kanya and may cause bullying pa after. Alam ko in our side as parents responsibilidad namin na bayaran ang tuition fee or kung hindi man gagawa ng promisory note na di ko nagawa pero kahit na di ako nakagawa ng promisory note di parin makatarungan ung andun na ung bata sa room tas papalabasin mo dahil wlang permit. Tas ganun pa na pagtrato nila na sa corridor sya pinagantay hanggang sa uwiian na. alam mo ung magrecess mga klasmate nya tas makikita anak mo sa corridor pano kung binully anak ko at pano kung mahina anak ko at dinibdib nya ung ganun situation pano kung napahiya ung anak ko sa ganung situation di ba. Andun na kme na fault namin na di nakabayad kaso mali parin ung treatment nila sa paghandle ng mga di p nakakabayad. Tapos para makapagexam ung anak ko sinamahan kme sa may ari ng skul para makiusap para makapagexam anak ko. Kaso di nya kme hinarap sabi ng tao nila pagod daw ung may ari at matutulog na daw hapon kasi ako pumunta dun sa skul eh. Parang ang sakit isipin na di man lang kme hinarap nung may ari na ang sabi pa na pumunta na lang daw kme sa main branch at sa acctg kme makiusap. Smantalang andun na kme sa imus branch skul ng mga anak ko. Ni wla man lang makapgdesisyon kung ano ang gagawin namin khit mga teachers wla silang magawa kasi daw wla na daw dun ung acting principal sa imus branch pumunta na daw ng main branch sa dasma cavite. Maiyak iyak ako sa skul kasi parang kinawawa kme lalo n ung pagtrato ng may ari ng skul sa amin. Sa di ako makapunta ng dasma kasi 3months buntis ako nagpilit ako na tumawag sila sa main at iconnect ako sa acctg para makiusap. Nakausap ko ang taga acctg tas pinagawa ako ng promisory note. Para makaexam anak ko. Sabi ko sana kung tinext nyo lang ako nung 1st day ng exam which is oct 26 sana pumunta ako ng skul at gumawa ng promisory note di ung nagsawalang bahala kayo at di nyo pinagexam anak ko sabi ko. Oct 27 nakapagexam anak ko. Oct 28 pumunta ako ng main branch ng Fiat Lux Academe para ipasa mismo ung ginawa kung complaint letter sa imus branch ng Fiat at complaint letter sa teacher sa pagsasawalang bahala sa di pagbigay ng magandang pag istayan ng anak ko habang nagppaexam sya sa ibang istudyante. Sabi ng principal iimbestigahan nya ang nangyari kasi sa imus branch nila nangyari un sabi nya may negligence na ginawa ang teacher nila sabi mag apology sya sa anak ko at bigyan sya ng disciplinary action. Sabi ng principal iuupdate nila ako sa investigation nila pero hanggang ngaun november 9 wla parin silang update sa akin. Ano po ba ang dapat kung gawin at tama po ba na ganun ang treatment nila pag exam kasi may nakausap na rin akong parents na ganun daw talaga ang ginagawa ng mga teachers na papalabasin ang mga students pag wlang permit sa exam. Tama po ba un sa private school as rules and regulation nila?sna po mabigyan nyo po ako ng sagot at tamang gagawin laban sa skul.

  15. Merlinda Murillo Oliver says

    Magtatanong lang po kung ano ang pwedeng punishment ng teacher na pinalo ng stick sa palad ang pupil pero dahil umilag ang pupil tinamaan sa may balikat malapit sa likod ang pupil. Ang pupil po kasi naglalaro ng baril barilan na may balang papel at nakakasakit sa kapwa pupil.

  16. Pocahontas says

    Noong lunes, sept. 11, 2017, during lunchbreak, naghahabulan ang anak ko at ang classmate nya who happens to be her friend. Nhagip ng anak ko ang buhok ng bata kaya hinila nya para maabutan. Nasaktan ang bata. From a distance, marami ang nkasaksi n mga magulang particular ang nanay ng bata. Nksigaw p ng aray aray ang bata dahil hibdi binitawan ng anako ang buhok hangat d naabutan. Dahil nsaktan, nagsorry nman ang anak ko. Since they are playing, they just went on their ways. Pero walang away n naganap sa dalawang bata.
    The next thing happened, binantayan ng nanay ung anak ko pglabas ng room. Hinawakan ng masakit ang balikat at dinuro duro at pinagalitan ang anak ko. Tinakot nya pa na kun sya ang mkahawak s buhok ng anak ko, uubusin ang buhok nya.sinabihan n wag n uulitin. Sumang ayon nman ang anak ko.
    Nalaman ko ang incident wednesday ng tanghali. Dahil may concerned parent n nagtip n mag investigate ako s anak ko dahil me nangyari.
    Nagkaron ng amicable settlement between us parents pero nung gabi, nlaman ko, pangatlo n ang anak ko s nbiktima ng child abuse ng same mother. Lumabas na walang disciplinar actions n nangyari dahil puro sertled ang cases. Ang tanong ko po, ano po. Ano b ang dapat na action ng school s nanay na ito? Araw araw nandun xa s loob ng school compound at may precedence na ang kaso ng pang-aabuso sa mga bata n mkasakit s anak nya, sinadya man o hindi sinasadya.

  17. LLEWELYN RUELO says

    Good day po!

    I just wanted to ask kung ano po ang proper action na dapat gawin.
    Grade 2student honor student po ang aking anak at pinunit po ng teacher ang kanyang notebook kasi daw maingay at lumipat ng seat.
    Iyak ng iyak ang bata kasi napahiya siya infront of the class.
    Im afraid this will affect my daughters psychological growth.
    Matter of fact,kaninang umaga she doesn’t want to go to school muna kasi nahihiya daw siya at natatakot na siya sa teacher niya.

    Your kind advise is highly appreciated po.

    Thank you!

  18. Jennifer says

    Good day.
    My son is a grade 10 student at a private school in Arpili, Balamban, Cebu.
    My complain is regarding the forced cutting of the boys hair by their teacher named Sir C. I was hurt, insulted or maybe furious when I saw my son arrived home with a semi skinhead hair. I asked my son why? Because we had his haircut done the previous day. He said that all of them had to be trimmed by their teacher using a hair clipper, including him even if he just had his haircut. And since the teacher is not a barber, the boys haircut looks very funny that need a real barber after school.
    And because this is not the first time the teacher did this, I went to the principal to make a complain and that I need to talk to the said teacher. I’ve waited but I never receive the appointment that I need to talk to the teacher.
    I believed the teacher is kind of a “Sadista” person, Trip lang niya to make fun of the students, mukhang katatawanan yong mga bata, kc parang rough road papuntang bundok ang haircut nila.
    Tama ba na ginawang parang preso ang mga bata? Kulang nalang kalbuhin. Is it a form of physical, psychological and emotional abuse?
    Please help me. What should I do?
    Thank you and God bless.

    1. Mark Llego says

      Good Day!

      Thank you for your message. We will get back to you as soon as possible.

      1. Mark Llego says

        Good Day,

        Kindly email me ([email protected]) all the pertinent details including the name of the school & address. Thank you!

  19. Arlyn says

    Ask ko lang po. Yung anak kong babae n grade7 inasar ng classmate nyang lalake nagdrawing tapos sinabi na pwet nya daw yun. Hanggang sa napunta na ubg asaran nila sa kpop idol ng anak ko na bts. Napikon ang anak ko kaya nabato nya ng binder ubg classmate nya. Not intentional pero tumama sa gilid ng mata. Nabgyan ng punishment ang anak ko na kung kasama sya sa top ten or may award sa school ay maalis sya dahil sa incident na yun. Ang concern ko lang po bkit ang anak ko bngyan ng ganun parusa . My point is kubg hndi sya binully hndi sya mapoprovoke na mapikon that leads to harm her classmate

    1. DEPED PUBLIC ATTORNEY says

      Excuse me po, Kahit po binully ang anak nyo or Hindi. Naprovoke man sya o hindi. Wala pa rin syang karapatan na Saktan at batuhin ang classmate nya. As a matter of fact pwede nya namang i-report iyon sa Teacher, NA HINDI NANAKIT NG KAPWA NYA. Remember ang 12 years old pataas ay pwede na pong makulong. Kapag nakasakit sya ng kanyang kapwa depende sa bigat ng kanyang ginawa.

  20. ARIEL YONZON says

    My wife and I have exhausted the channels and procedures within our daughter’s private school protocols as regards a complaint we raised last year, bordering on Child Abuse, w/c took up to Recognition Day (end of SY 2016-2017 to address, with intervention of School Directress (no less) in the non-action of the Principal. We had an amicable resolution in that meeting, teacher/s apologized and committed to “non-aggression” or retaliation against our Daughter, later. Now, just 3 days into the new SY, the same complained teacher is hot on our daughter’s tail over a reported event (where she was not even present!) that our daughter allegedly impolitely slammed a pencil on a Table where they were registering for membership to the Junior Writers’ Club. Had it been true, they should have called our daughter’s attention pronto; BUT, no, it was later reported to our daughter’s Adviser…not even by the faculty who was manning the table, but his co-Moderator (whom we complained of and about last year!) who was not even there! We take offense; and, find this act malicious! WHERE can we file a proper Child Abuse case, now? OR, must we still fiule with the School Directress?

  21. myla Jucar says

    Ask ko lang po kung ok lang na a teacher uploading pics ng hs students and mga parents na pumipirma at kinakausap niya into the social media….. .. as evidence daw sa IPCRF .. Parent din po kc ako and im bothered. Thanks

  22. Elizabeth flordeliz says

    Tanung ko lng po.. scholar anak ko sa isang school sa pasig .. perp sa kasamang palad po kailangan namin lumipat month. Sept. So kailangan din nya lumipat ng school.. at kailangan namin kunin ang good moral at form 137 nya so pinag bayad kami full payment s tuition nya para makuha namin ang good moral at form 137… at tinanong namin marerfund la ba namin sxholarship ng anak ko.. sabinya sa cashier pwede po sa jan. Or feb. Marerefund … so tumawag kami kahapon at sinasabi ng isang staff sa sxhool pumunta na lng school at mag fill up ng form at isama ang anak ko… afye5 minutes to 10 minutes.. biglang tumawag ang staff ng sxhool sa cp. Ng mrs. Ko at sinasabi na di na daw makukuha ang refund ng scholarship ng anak ko kasi mag bago na daw policy…is worth 10,000 po magrerefund saya g namin please help me and god bless depEd…

  23. Jing says

    Ok lng po ba lgyan ng masking tapeang bibig ng bata dhil sa sobrang ingay at likot ng bata? Just to keep the child’s mouth shut in that moment kc po ung nata na ang prang teacher na mgsasabi n pwede ng mgrecess at sasabhin png walng pasok…

    1. Aiza says

      Definitely not

  24. Eduardo C. Lopez says

    Good Morning Po maam and Sir..

    tanong ku lang po.. pwede po ba manakit ang guro ng kanyang estudyante dahil lang po sa nahagip at nalaglag ang kanyang cellphone habang naka charge sa loob ng classroom??

  25. liam says

    Can a preschool accept a child with autism if they don’t have a dedicated guidance counselor and/or a SPED teacher?

    Also, can a child be suspended and not be accepted by the school anymore? School says they won’t accept tuition fee anymore so child cannot come any more.

    Does DepEd check the background of school owners or administrators? e.g. criminal offenses, psychological conditions, etc.

    1. Arwen says

      Documented na ba yung bata na autistic talaga? If so, the parent should find a school suitable for the child unless the Developmental Pediatrician recommends the kid to enrol in a regular class. Kung may ganyang recommendation, the school may or may not accept the child. May ibang parents na sila mismo nagp provide ng shadow teacher sa bata kung dun talaga nila gusto i enrol. May kasunduan ang parents and school. Find a progressive school for the child.

  26. Cristine joy ranario says

    Paano po kung ang isang teacher ay nagpahiya ng istudyante sa harap ng klase at sinabihan nya ang estudyante nya na sinungaling daw ang bata..

  27. Mitch says

    I would like to know what is the extent or limitation of a student on social media posting. My nephew is being intimated by some of the teachers who forced him to take down his facebook post “shoutout sa mga canteen na hindi tumatanggap na pera na maitim”. The post did not the mention the name of his school. It was just unfortunate that one of his school friends commented “magkaisa lahat ng estudyante ng (name of school). Please note that many students of this school are victims of this coin rejection policy of the school which made them HUNGRY since they cannot use their money to buy food from canteen and not also allowed to buy outside the school. Most of the students do not have extra money to use for food but only that “coins na maitim” which they also receive from jeepney or trycicle.

    Background: The school canteen of my nephew is not accepting “coins na maitim”. Per BSP, it is not classified as unfit for circulation since it is not disfigured and its genuineness and/or denomination can still be readily and clearly determined/identified. In any case, currency notes and coins considered unfit for circulation may be presented for exchange to or deposited with any bank. The school has now a tarpaulin announcing that non-acceptance of the “maitim na coins”. Now, my nephew does not want to go to school because of the fear na ipatawag sya because news is circulating in school that the head teacher is locating the student who posted that in Facebook. In short, he feels intimated and does not want to join school activities anymore.

    1. JD says

      Ms. Mith, I am a professional educator and though I sympathize with you on this case, I also want to add that this must serve as a very good lesson to you and your child. For your part, it is your responsibility as a parent to monitor what he posts for he is but a child who will post whatever comes to mind without thinking of the consequences. As for your child, this will serve as a good reminder that we need to think before we post / speak and to choose our words wisely, for without intending to, he had cause an opportunity for the students to condemn the school canteen.

      *For the school, I believe that they are overreacting with regards to the the dark coins for as what you have mentioned, they can easily exchange it to BSP.

      I hope you and other parents do not easily condemn the school actions and for once, TAKE NOTE AND ANALYZE THE ACTIONS OF YOUR CHILDREN FIRST.

  28. Perflexed says

    from the contexts of the law, it is clear that any form of abusive or violent physical punishment or any form is not allowed to protect the child. The teacher, acting ‘in loco parentis’, Can he use some form of physical punishment that is not violent and abusive and be allowed to discipline the child ( e.g.spanking ). “Spare the rod, you spoil the child.” This is specially true in cases of children who have neglectful parents or whose parents have no care for their children.
    How can a teacher be protected against abusive children or students, too? Students,today , also bully their teachers!

    1. Atty. Marricar Runez says

      Spanking is definitely not allowed. The most that a teacher can do is to reprimand the erring child in private. Emphasize the effects of his bad behavior and his wrongful acts and most importantly end the conversation by asking the child’s commitment not to commit the same mistake or behave inappropriately again in the future. As much as possible, make him put his commitment into writing and furnish a copy to his parents. Also make sure to make an Incident Report of what had happened including the actions that you have taken and also give a copy of this report to the parents.

      As to the second question, teachers may file a letter complaint with the school head or the Prefect of Discipline. However, it should be noted that the school must have a written student handbook where all the student violations and their corresponding sanctions should be contained and these rules must be included during the parent and student orientation conducted at the beginning of the school year. Moreover, if the case committed by the student also qualifies as a criminal case under the Revised Penal Code or other Special Penal Laws, a case may be filed by the teacher with the Women and Children’s Desk of their respective Police Offices. If the student is a minor which is most likely the case, the authorities will have to check on whether he acted with or without discernment in order to proceed accordingly.

      Hope this helps.

    2. christine sombilon says

      thats true, napa ka unfair ng law na ito s mga guro…MGA STUDENTS NGAYON AY OK LANG MG BULLY S GURO, PERO KNG SILA ANG BULLIHIN O SAWAYIN O DISIPLINAHIN NG GURO…AYON MASAMA N SI MAAM!!! Kaya maraming mga bata ang brat ngayon at mga magulang na ang kanilang kakulangan s pgdidisiplina s mga anak nila ay ibabagsak ANG SISI s guro na kesyo mimalatrato na ang anak nila pero silang mga magulang ay kulang s pgdidisiplina mismo s mga anak nila…ang mga guro ay tao rin at my limitations .. ngbibigay ng wastong pagtuturo at disiplina s mga anak nila…tingnan nga natin ang reality ng society natin… mga bata ang offender.see kung wastong pgdidisiplina ang naranasan nila seguro hindi sila aabot s landas ng kawalan…

  29. marivic zamora says

    gud morning po..ask ko lang po kung pwedeng pauwiin ang isang private student pag di naka PE uniform? at kung may DEPED memo po ba about dto..slamat

    1. Atty. Marricar Runez says

      Hi Ms. Zamora!

      There is no DepEd memorandum specifically pertaining to the wearing of PE uniforms. In fact, in public schools, uniforms are not compulsory if the parent could not really afford to buy one.

      Since your concern is with a private school, the best thing that the school can do is to formulate a clear policy on the wearing of PE uniforms. Once you have the written policy, make sure that all students including their parents are oriented or are given copies of this policy. The policy should also contain the sanctions that will be imposed if the student violates this rule including the non-entry to the school for example. Only after the student and the parent are oriented on the policy and the corresponding sanctions for violation can you implement the same.

      Hope this answers your question.

  30. Marley says

    Ask ko lang Po ang anak na punish Sa teacher Nya ng 500 pumps kasi he stand up in the chair kasi nakalagay Sa white board ng classroom Nila don’t leave the classroom spotless he stand in the chair kasi nakita Nya marami papel & cards .. Now my son suffering , struggling to walk … Ano ang gagawin ko

  31. salie says

    ask lang po. is it a valid disciplinary action of the school-teacher-co.student na pa squat ung bata na late sa flag ceremony?

  32. Baby says

    Ask ko lang po ano po ba ang legal rights ko bilang mommy ng special child n pinapasok ko po ang anak ko sa private school alam po ng school at management na special child ang anak ko at may sinubmit pa ko sa knila assessment form ng anak ko tinanggap po sya ng school bilang grade 1 at pinayagan kmi ng prestihiyosong school nila na mkapasok ang anak ko last june mabait ang anak ko khit special child sya at dahil delayed ang memory nya di nya nakayanan ang mga advance n turo sa school na yun. Then all of a sudden nagulat kami mga parents biglang lumitaw ang tunay na may-ari pala ng school at naiba ang management kinausap ako kasama ng mga iba pa may PWD case na di na raw kami pwede sa prestihiyosong school nila at hinikayat nila kaming mag homeschool na lng ang mga anak namin. Di po ba discrimination po yun? Sobrang sama po sa pakiramdam bilang ina ng may special child na parang dini deprived ng school na ito na pumasok at matuto ang anak ko.Sana po matulungan ninyo ako sa usaping ito. Salamat po!

    1. Anna Maria N. Cabantog says

      Isa din po akong ina na may anak na may “Learning Disability”, isa sa mga uri ng mga PWDs (Persons with Disability). Noong una, di ko matanngap ang kapansanan ng anak ko at patuloy ko pa rin syang pinaaral sa isang pribadong paaralan, ngunit sa apat n taon nyang pag-aaral wala akong nakitang pag-uunlad sa kanyang pag-aaral. Hangga’t isang araw may nakapagpayo sa akin na ipa-assess sya sa isang Developmental Doctor,at sa kanya ko nalaman at ako’y naliwanagan na ang aking anak nga ay may Learning Disability (LD). Masakit na katotohanan ngunit kailangang taggapin,at walang ibang tatanggap kundi kmi na pamilya nya. Kaya sinunod namin ang payo ng doctor na doon sya paaaralin sa isang Special Education School kung saan doon nag-aaral ang mga batang may iba’t-ibang kapansanan. Simula noon, napanatag na ang kalooban namin at naging masaya na rin ang anak ko sa piling ng kapwa nya n may mga kapansanan din. Sa awa ng Diyos at sa tulong ng mga guro don, nilagay na ang anak ko sa mga “regular’ na mag-aaral, kahit nasa Grade 3 pa lamang sya at nasa 13 gulang na, di ako nababahala at nag-aalala dahil alam kong kahit papano ay may natututunan din ang anak ko. Nais ko pong sabihin sa inyo na masakit tanggapin ang mga panlalait na yan ngunit wag na lang po natin silang pansinin,imbes ilagay po natin ang ating mga anak sa tamang lugar kung saan sila ay natatanggap at naiintindihan. Salamat po.

  33. Salman says

    Ano dapat gawin na action kapag pinalo ng stick ng teacher s private school ang isang grade 4 pupil sa mukha at itoy ngmarka (namula at nmaga) dahil lang sa hindi nakamemorize ang isang mahinang bata ( mahina mgmemorize). At hindi lng un pati ang ibang pupil pinapalo dn nya kahit sa likod.

  34. Eden Grunert says

    Dapat po bang sa ktang ng isang teacher ang kanya ng Studyate dahil may Personal na galit sya sa magulang nito??

  35. entz says

    Anu po ba ang magandang gawin kung ang isang lalaking guro ay nanuntok at nanampal ng limang beses sa isang grade 9 na mag aaral?

  36. entz says

    Anu po ba ang pwedeng gawin sa guro na sinuntok at sumampal ng limang beses sa isang batang lalaki dahil lamang sa nasabi ng bata ang kanyang pangalan habang nag spelling sa english subject nila. At nagkataon na dumaan lamang sa classroom ang lalaking guro.

    1. Mark Llego says

      For comments, suggestions, queries and further information, contact our Action Center.

      DepEd Action Center

      DepEd Complex, Meralco Ave., Pasig City, Metro Manila
      (02) 636 1663 | 633 1942 | (+63) 919 456 0027
      [email protected]

  37. Kiko says

    Pwedi po bang batuhin ng rubix cube ng teacher ang kanyang students? First day nya palang kasi may binato na siya samin.

  38. zandra says

    ano pong pwedeng gawin sa teacher na nanisi at namahiya ng student ng walang possible facts or evidence at pinagalitan pa po nung teacher na yun yung bata ni hindi niya man lang po ikinunsulta sa guidance bago siya nagreact at nagpahiya ng bata sa harap po ng klase, kinapkapan din po nila yung bata, tinanong ko po yung isang classmate ng bata ang sabi nung batang tinanong ko nantitrip lang daw po yung batang nagsabi na ninakawan siya, ano pong pwedeng gawing act dun sa pamamahiya at paninisi na ginawa ng teacher

    1. minda reyes pernito says

      Mg tatAnong po ako patungkol po sa problema nmin ng anak ko grade 8 po cia.una po kasi pagkauwi ng tanhhali ng anak ko ng ku kwento cia na c amber na kanyang pinsan ay pinahiya ng teacher at ng iiyak ito.dahil sa maling pg papa amin ng guro sa kanya gayong wla nman itong nasabi na patungkol sa guro nato.nasabi ng anak ko ito sakin.ang sabi ko nman dapat na malamn ng magulang ni amber ang nangyari at ako mismo ang ngsabi sa ama ni amber bukod dto ay kadugo ko clang mag ama.pinuntahan ng ama ni amber ang teacher at hinihingi nia ang paliwanag nito sa pgpapahiya sa knyang anak .hbang ng uusap cla ay pinatawag naman ng isang teacher ang anak ko at tinatanong tungkol dun.kaya tukoy nla na anak ko ang ng dahilan kya ngpunta ang ama ni amber dahil un po ang sinabi na ako nga po ang nagbanggit.sa pag uusap naman po ng ama ni amber at ng guro na ito ay ng kaayos nman cla.dto nman po sa panig ng anak ko cinisisi nla ito.at sinabihan pa cia na kutatera .umiiyak cia ng umuwi sa bhay.inalam ko po yun.sa katulad kong ina ay nagalit po ako at pumunta din akong school at dun akoy nag sisigaw sa kanila na ako ang pagsalitaan nila at wag ang anak ko gayong inamin ko sa kanila na ako ang nagbanggit sa ama ni amber kaya ito napasugod.sa ngayon po nag aalala anak ko na pag iinitan cia sa lunes ng dahil sa ginawa kong pag iiskandalo ko sa mga taecher ung pg sisigaw kopo na ako ang pagsalitaan nla at wag ang anak ko dahil kinakaya nla ang mga bata .ito po pinag aalala ng aking anak sa pagpasok nia sa lunes at totoong ugali na ng guro na ito ang manghiya ng studyante.ano po ba ang nararapat na hakbang o gawin sa problemang ito.marami pong salamat sa inyo.

      1. DEPED PUBLIC ATTORNEY says

        WALA KAPONG KARAPATAN NA MAGISKANDALO SA SCHOOL AT MAGWALA DAHIL LANG SA ISSUE NG ANAK MO. The Teachers can file ORAL DEFAMATION AGAINST YOU! at baka makulong Kapa. You can talk to the teachers properly. O kung gusto mo magrequest ka na ilipat ang anak mo sa ibang section. Hindi ka dapat sumisigaw at nag-iiskandalo para lang mangatwiran para sa anak mo. Nadadaaan ang lahat ng bagay sa magandang USAPAN, Mag-aral ka muna ng batas bago ka gumawa ng action. and take appropriate legal advice.

  39. Marie says

    Ask ko Lang po Kung ano ang legal at right actions para sa grade 1 child na 6years old na hinihipuan ng kapwa nia classmate pero ang age ay 14 years old na. Actually dalawang batang babae na magpinsanan pa ang hinipuan nun 14 years old na yun. Hindi Kasi satisfied yun parents ng mga batang babae s actions na ginawa ng adviser ng class. Please reply as soon as possible, I’m the home room president in our school and the parents needs assurance and legal action regarding this matter. Thank you in advance, God speed!

  40. Peach says

    Ask ko lang po pag po nawala personal belongings ng isang elementary grade 2student specific like Bag & lahat ng nya gamit sa school. Nag report un sumusundo pero hindi nag response ang security ng school even advicer teacher. Ano po puede ko gawin as parent. To complain.meron po security protection kz sa loob po ng school nawala.napabayaan din kz di sila nag bigay mg assistance para naturingan ang bata maghanap ng nawawala gamit

  41. Carmela Cruz Loyola says

    Hello Maam / Sir,
    Ask ko po kung normal ba sa school na pag bayarin mthly pag gamit ng aircon at mga cleaning materials kasama ang zonrox downy at powder, isa akong OFW na ina ng 4y/o kasalukuyan sa pangangalaga ng aking mother in law,, wla nmn ako magawa para matugunan ang mga katanungan ko, dhil nsa malayo ako, nka enroll ang anak ko sa 127 Sto. Niño de Lebelle Academy, Inc. Belvedere Towne I Subd.Paradahan. taga west filinvest po kmi sa Woodville subdivision..
    salamat ng marami sana po matugunan nyo ang aking mga tanong

  42. Ruzzell Paran Dela Cruz says

    Ask ko lang po pano po kapag masyado nang mahigpit ang guro sa loob ng paaralan at marami na pong nagrereklamo sa kanya na mga estudyante…???

  43. shanly says

    Ask lng po kng ano violation school kpag tyinismis mismo school owner ang tungkol sa pamilya ng bata at nahhiya cla mula nung nalaman na ng teacher at malamang nrin na malaman nyun nyun buong faculty at ng iba yng issue ng pamilya nya. Nagkatroma ang bata at ayaw ng pumasok at bumama nrin self steem nla dhil nsa isip nla ang iisipin ng mga tao sa knila. Sna po ay mapansin ang tanong k. Tnx po sa sagot

  44. Rouel says

    I would like to know if these policies apply to the college level as well. I haven’t seen a discussion nor a memorandum similar to what the DepEd has released.

    1. Rose says

      It says “includes pupils or students who may be 18 years of age or older but are in school”..so I guess these policies can be applied too in college level.