DepEd Legal Matters Frequently Asked Questions (FAQs)
CHILD PROTECTION PROGRAM
- Child Abuse;
- Discrimination against children;
- Child Exploitation;
- Violence Against Children in School;
- Corporal Punishment;
- Any analogous or similar acts.
- Physical Blows;
- Striking of Child’s face or head, such being declared as a “no contact zone”;
- Pulling hair, shaking, twisting joints, cutting or piercing skin, dragging, pushing or throwing of a child;
- Forcing a child to perform physically painful or damaging acts;
- Deprivation of a child’s physical needs as a form of punishment;
- Deliberate exposure to fire, ice, water, smoke, sunlight, rain, pepper, alcohol, or forcing the child to swallow substances, dangerous chemicals, and other materials.
- Tying up a child;
- Confinement, imprisonment or depriving the liberty of a child;
- Verbal abuse or assaults;
- 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;
- 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;
- Other analogous acts.
Complaints in Public Schools:
- Report incident to school head or schools division superintendent (SDS);
- Have schools head/SDS ensure compliance with proper form and forward the same to disciplinary authority;
- Have disciplinary authority order the conduct of Fact Finding Investigation
Complaints in Private Schools:
- Have complaint against school personnel or official filed with the School Head/Chief Executive Officer;
- It 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.
This 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.
This 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.
For Cyber Bullying, refer the client to the DepEd Cyber Safe Manual accessible online in the DepEd Website.
HANDLING BULLYING INCIDENTS
- 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
- Schools Head 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.
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.
- Refer client to DepEd Order No. 40, s. 2012;
- Refer client to the Child Protection Committee in the School;
Children in Conflict with the Law
- Crimes and/or Offenses committed by a child. (Reference: DO No. 18, s. 2015)
- When a pupil/student commits a serious offense punishable under special laws or under the Revised Penal Code, the school head/principal with the assistance of the guidance counselor or guidance teacher shall report the case immediately to the law enforcement officer and refer the case to the Local Social Welfare Development Officer for appropriate action.
- For administrative complaints against employees of the Department
- Administrative Complaints may be filed before the proper disciplinary authority or through the DepEd Action Center. (Reference: DO No. 49, s. 2006)
- Regional Director – Teachers, Principals, Personnel in Regional Office, Persons with supervisorial capacity.
- Schools Division Superintendent – Non-teaching personnel within the Schools Division Office.
- Secretary – Employees within the Central Officer. Presidential appointees such as Regional Directors and Schools Division Superintendents.
Commencing a Complaint
- Proceedings may also be commenced upon sworn written complaint.
- Administrative proceedings may be commenced motu proprio by the Secretary of Education, the Regional Director, in case of DepEd Officials and teaching and non-teaching personnel, and the Schools Division Superintendents incase of non-teaching personnel within their jurisdiction.
- Form of Complaint
- A complaint shall be under oath and shall be written in a clear, simple, and concise language so as to inform the person complained of, about the nature and cause of accusation against him to enable him to intelligently prepare his defense or answer.
Content of Complaint
- Full name and address of the complainant.
- Full name and address of the person complained as well as his position and office in the Department of Education.
A narration Of the relevant and material facts which should show the acts or omissions as allegedly committed by the person.
- Certified true copies of documentary evidence and affidavits of his witnesses if any; and
- Certification or statement on non-forum shopping.
Regulation of Private Schools
- For Complaints against Private Schools, reference is made to DepEd Order No. 88, s. 2010, as amended by DepEd Order No. 11, s. 2011.
- Refer formal complaints before the Office of the Regional Director exercising jurisdiction over the school concerned.
(Reference: DepEd Order No. 88, s. 2010 / DepEd Order No. 11, s. 2011.)
No Collection Policy
- The sale of tickets and/or the collection of contributions in any form whatsoever, by any person for any project or purpose, whether voluntary or otherwise, from school children, students and teachers of public and private schools, colleges and universities is hereby prohibited: (Reference: RA 5546)
- Provided, however, That this prohibition shall not cover membership fees of school children and students in the Red Cross, the girl scouts of the Philippines and the boy scouts of the Philippines: Provided, finally, That this prohibition shall not cover the contributions of parents and other donors for the support of barrio high schools.
- no fees shall be collected from school children in Kindergarten up to Grade 4 anytime during the School Year (SY); (Reference: DM No. 143,s.2016)
- no collection of fees shall be made for Grade 5 to High School learners from June to July;
Further, in DO 41, s. 2012, it is stressed that in no case shall non- payment of voluntary school contributions Or membership fees shall be made as a basis for admission, non-promotion, or non-issuance of clearance to a student by the school concerned.
End of School Year Rites
- DO 8, s. 2017 – School Year 2016-2017 End of School Year Rites (Public Schools only)
- Any DepEd personnel should not be allowed to collect any graduation/moving up/closing ceremony fees or any kind of contribution;
- Parent-Teachers Association (PTA) may give donations in cash or in kind; and
- Contribution for the annual yearbook, if any, should be on a voluntary basis.
MORATORIUM ON FIELD TRIPS
- There shall be a moratorium, as guided by DepEd Order Nos. 56, s. 2001; 51, s. 2002; and 52, s. 2003, on the conduct of educational field trips and other similar activities for all public elementary and secondary’ schools. This shall be observed until the review and revision of related policies have been finalized. All private schools are also encouraged to abide with the provision of this Memorandum if deemed necessary.
- While this moratorium is still in full effect, all DepEd regional, schools division and school officials, and personnel shall not endorse any plans, proposals, and intentions relative to the conduct of educational field trips. (Reference: DepEd Memo. No. 47, s. 2017)
- Prohibiting the Exaction of Interest on Unpaid Tuition Fees in Private Schools;
- No interest shall be exacted on unpaid tuition fees by any private school unless expressly stipulated in the enrollment contract. (Reference: DO 63, s. 1999)
- Enjoining Schools to Allow Students with Unpaid Fees to Take their Final Exams;
- To protect every child’s human right to basic education, all schools, both public and private, are enjoined to allow students with unpaid fees to take their final exams. It has to be emphasized that civil liabilities of parents should not in any way jeopardize their children’s continued schooling. (Reference: DO 15, s. 2010 )
Change of Name Requirements:
- Birth Certificate duly certified true as a true copy by the Local Civil Registrar which issued the same authenticated by the Civil Registrar General, National Statistics Office (NSO), Philippine Statistics Authority, East Avenue, Quezon City or if there is no Certificate of Live Birth, proof of loss or non-availability thereof duly attested by the Local Civil Registrar concerned and/or the Civil Registrar General together with the Baptismal Certificate of the student.
- Joint Affidavit of two (2) disinterested persons attesting to the fact/among others, that the assumed name(s) and the legal name of the student refer to one and the same person.
- Affidavit of the student if of legal age, or that of the parents or guardian, if still a minor, explaining the circumstances that led to the use of the assumed/erroneous name or alias, attesting the same fact as called for previously.
- Letter-request for correction of name addressed to the Secretary of Education specifying the schools attended/graduated from Elementary to Secondary, as the case may be, and the name(s) used.
- School records bearing the erroneous name: e.g. Diploma, Transcript of Record or Registration Card (any one of these schools records will suffice except that when there are several name(s) appearing in the school records, each school records bearing different names must be submitted for purposes of verification and identification of the requesting student.