(New draft as of January 04, 2012 )

Policies and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation and Discrimination

Section 1. Statement of Policy Pursuant to the 1987 Philippine 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 (Art. XV, Sec. 3 (b)). 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, (b)). The United Nations Convention on the Rights of the Child aimed to prevent and reduce 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 drop out rates. Thus, it is mandated that all appropriate measures be taken to ensure that school discipline is administered in a manner consistent with the childs human dignity and in conformity with the present Convention. Towards this end, this Department shall ensure that our schools are conducive to the education of children. Thus, 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 United Nations Convention on the Rights of the Child. Teachers 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 minor child while under their supervision, instruction or custody. This Department 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 childs 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. This Department likewise recognizes the right to participate of children, whether they be victims or aggressors, in all proceedings affecting them, either directly, or through a representative. Accordingly, this Department hereby reiterates a zero tolerance policy for any act of child abuse, exploitation, violence, discrimination and other related offenses, and hereby promulgates this DepED Order.

Section 2. 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).
B.

Children in School refer to bona fide pupils or students who are presently 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 premises or participating in schoolsanctioned activities. School Administrators refer to Principal, Head Teachers, School Board Officers or Trustees, Other School Officials including teachers who are occupying supervisory positions or responsibility and are involved in the management of the school. Teachers and Academic Personnel include all school personnel who are formally engaged in actual teaching service or in research assignments, either on full time or part-time basis, as well as those who possess certain prescribed academic functions directly supportive of teaching, such as registrars, guidance counselors, researchers, and other similar persons, as defined in RA 4670 and RA 7836. It may also include school officials responsible for academic matters and other school officials, in accordance with DepED Order No. 88, Series of 2010. Non-Academic Personnel refer to school personnel who are usually engaged in administrative, finance and operational matters of the school, and who are not covered under the definition of the academic personnel. It may also include other officials who are not covered by the abovementioned definitions. School Visitor or Guest refer 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 with the school. This may include those who are

C.

D.

E.

F.

within the school premises for certain reasons, e.g. student teachers, catechists, visitors, suppliers, bidders, parents and guardians of other children.
G.

Child Abuse refers to maltreatment, whether habitual or not, of the child 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 childs basic needs for survival, such as food and shelter; or 4) failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in the childs permanent incapacity or death (Sec. 3 (b), RA 7610).

H.

Discrimination against children refers to any distinction, exclusion, restriction or preference which is based on any ground such as race, color, sex, sexual orientation and gender identity, language, religion, political or other opinion, national or social origin, property, birth, being HIV positive, being pregnant, being a child in conflict with the law, 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. Child exploitation - refers to the use of children for someone elses advantage, gratification or profit often resulting in unjust, cruel and harmful treatment of the

I.

child. These activities often result in the disruption to, and to the detriment of, the childs 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 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 force 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. Economic exploitation refers to the use of the child in work or other activities for the benefit of others. This includes, but is not limited to, illegal child labor, as defined in RA 9231. Economic exploitation implies the idea of a certain gain or profit through the production, distribution and consumption of goods and services

2.

J.

"Violence against children committed in schools " - refers to a single act or a series of prohibited acts committed by school administrators, academic and nonacademic 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. 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.

2.

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. K. Bullying or Peer Abuse refers to willful agressive behavior that is directed, often repeatedly, towards a particular victim who may be out-numberred, younger, weak, differently-abled, less psychologically confident, or otherwise vulnerable. This term shall include cyber bullying or any type of bullying that is done through use of information and communication technology, including but not limited to, email, instant messaging, text messaging, websites, social networking sites, etc. a. Bullying committed when a minor student commits a series of two or more acts directed towards another minor student, or a series of single acts directed towards several minor students in a school setting or a place of learning, with the intent to constitute harassment, intimidation, force or humiliation. Such acts consist of any one or more of the following: a. Threats to a person with the infliction upon the person, honor or property of the person or onhis family of any wrong; b. Stalking or constantly following or pursuing a person in his daily activities with unwanted, obsessive attention; c. Theft; d. Public humiliation, or public and malicious imputation of a crime or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause dishonor, discredit or contempt against a person; e. Deliberate destruction, defacement or damage of another's property; f. Physical violence committed upon a minor 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 a

student, pinching, spanking, or other similar acts; g. Demanding, requesting or requiring sexual or monetary favors, or property from a minor student; and h. Restraining the liberty and freedom of a minor student. b. Cyber-bullying - Cyber-bullying is any conduct defined in the preceeding paragraph made through electronic means such as, but not limited to texting, instant messaging, chatting, internet and social networking websites.

a.

Elements of Bullying Bullying is said to happen when a student is exposed to: 1. aggressive behaviors inflicted by one or more students; 2. repeatedly and over time, and 3. he or she is in a weaker position to defend himself or herself.

L . Corporal Punishment - refers to a punishment or penalty imposed for an 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 and 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 childs 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 childs 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) Unreasonable deprivation of a childs physical needs; 6) Deliberate exposure to substances that can cause discomfort or threaten the childs health, safety and sense of security such as fire, ice, water, smoke, pepper, alcohol, and other dangerous chemicals or substances such as 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 or to put on anything that will make a child look or feel foolish, which tends to belittle or humiliate the child in front of others; and 11) Permanent confiscation of personal property of pupils/students, except when such pieces of property pose a danger to the child or to others.

M . Child Protection - refers to measures, procedures and structures to prevent and respond to abuse, neglect, exploitation, discrimination and violence. N . Parents refer to biological parents, step-parents, adoptive parents and the common-law spouse or partner of the parent; O . Guardians or Custodians refer to legal guardians, foster parents, and other persons, including relatives or even non-relatives, who exercise physical custody of the child. P. Positive and non-violent discipline refers to a perspective that fosters a childs self discipline and emotional control. This method builds a good relationship with the child by understanding the childs needs and capabilities at various ages and the behavior that is appropriate for a child at each stage of development. [subject to final revision by experts/child psychologists. 1. DUTIES AND RESPONSIBILITIES OF EDUCATION STAKEHOLDERS Section 4. Rights, Duties and Responsibilities of School Personnel Article 218 of the Family Code of the Philippines provides the following rights and responsibilities of school administrators, teachers, academic and non-academic and other personnel: A. Exercise special parental authority responsibility over the child while under supervision, instruction and custody. and their

Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.

Also, 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 on them as may be required under the circumstances; provided that in no case shall corporal punishment be inflicted upon them; and I. Perform such other duties as are imposed by law upon parents and guardians. School Heads shall:
J.

Ensure the institution of effective child protection policies and procedures in all schools and monitor

compliance thereof. K. Ensure that a senior member of the schools leadership team is designated to take the lead and be responsible for child protection
L.

Conduct the appropriate training and capabilitybuilding activities on child protection measures and protocols Designate a coordinator for liaising with and referring cases to other agencies for effective investigation and resolution of allegations of abuse against academic and non-academic personnel

M.

N. Institutionalize a system for identifying students who may be suffering from significant harm based on any physical, emotional or behavioural signs. O. Ensure that each school will adopt a student Code of Conduct to be followed by every student while on school grounds, or when traveling to and from school or a school-sponsored activity, and during lunch period, whether on or off campus. The School Governing Bodies, such as the SGCs, PTAs, Teachers Clubs, and Supreme Student Councils shall:
P. Influence school policy and practice and raise awareness

among children, parents and other adults on VAC in school and home settings.

Q. Collaborate with the school to ensure a safer learning

environment for children.

School visitors and guests shall: Comply with the schools regulations and child protection policy; S. Report any child abuse and protection concerns they have in accordance with applicable local school procedures; T. Respect other peoples rights including the right to moral and physical integrity; U. Refrain from acting in ways that may be abusive or may place students at risk of abuse.
R.

Section 5. Duties and Responsibilities of Pupils and Students Pupils and students shall have the following duties and responsibilities:
A.

Comply with the schools regulations, as long as they are in harmony with their best interests. Pupuls and students shall refrain from: i. Discrimination, or lead a group of pupils/students to discriminate another, with reference to ones physical appearance, weaknesses and status of any sort; ii. Any act that is inappropriate or sexually provocative; iii. Participating in behavior of other students that is illegal, unsafe and/or abusive; iv. Abusing their rights in a manner that would prevent the school administration from protecting them; v. Marking or damaging school property, including books, in any way; vi. Engaging in fights or any aggressive behavior; and vii. Other similar acts.

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 students, school staff, volunteers, and contractors. C. Respect other peoples rights regardless of opinions, status, gender, ethnicity, religion, as well as everyones moral and physical integrity; and D. Observe the Code of Conduct for students. Section 5. Role of the Regional Offices

The Regional Offices shall have the following duties and responsibilities: A. Develop model policies and guidelines on the prevention of violence against children in schools and make the model policies available to all schools. A school may adopt these policies as part of its school safety plan. Schools may adapt these policies to local needs and are encouraged to include: Examples of strategies used in their schools for promoting positive behavior being practiced by its school community; Training conducted for teachers and staff about how to appropriately intervene in a dispute, including expectations from adults who observe a dispute or act of taunting, harassment, or bullying; and Conflict resolution or peer mediation training provided to students and expectations of students who observe disputes that could lead to violence, including identifying the person(s) to be

contacted if needed. B. Support the information-dissemination activities on protecting school children from abuse, violence, exploitation, discrimination and other related cases; C. Support the capacity building activities by public and private schools within their jurisdiction; D. Monitor and evaluate the implementation and enforcement by the Schools Division Offices of this DepEd Order and such other related laws and regulations relative to abuse, exploitation, violence and discrimination of children; In case of acts committed by teachers, conduct formal and fact-finding investigations in accordance with the Revised Rulese of Administrative Procedures. E. Give recommendations to the Central Office and devise measures prohibiting abuse, exploitation, violence and discrimination of children, consistent with this Department Order; F. Coordinate with appropriate offices and other agency or instrumentality for such assistance as it may require in the performance of its functions; G. Encourage and support campaigns initiated by other stakeholders; and H. Perform such other functions as may be assigned by the Secretary. [subject to final revision] Section 6. Roles of the Schools Division Offices

The Schools Division Offices shall have the following duties and responsibilities:

A. Conduct the information-dissemination activities on protecting school children from abuse, violence, exploitation, discrimination and other related cases; B. Conduct the capacity building activities by public and private schools within their jurisdiction; C. Monitor and evaluate the implementation and enforcement by public and private schools of this DepEd Order and such other related laws and regulations relative to abuse, exploitation, violence and discrimination of children; D. In case of acts committed by non-teaching personnel and other officers, conduct formal and fact-finding investigations in accordance with the Revised Rules of Administrative Procedures. In the case of private schools teachers, personnel and other officers, conduct investigations in accordance with this Rules and the Revised Manual of Regulations for Private Schools of the Department and such other laws which are applicable; E. Give recommendations to the Regional Office and devise measures prohibiting abuse, exploitation, violence and discrimination of children, consistent with this Department Order; F. Utilize resources, coordinate with appropriate offices and other agency or instrumentality for such assistance as it may require in the performance of its functions; G. Encourage and support campaigns initiated by other stakeholders; and H. Perform such other functions as may be assigned by the Secretary or the Regional Director.

Section 7. Offices

Establishment

of

Child

Protection

All public and private elementary and secondary schools shall establish a Child Protection Office (CPO). A.The CPOs shall be composed of the following: 1. School Head/Administrator Chairperson 2. Guidance Counselor/ Teacher (with special skill in handling various issues and concerns affecting children) Vice Chairperson 3. Representative of the Teachers -Member 4. Representative of the Parents Member 5. Representative of pupils/students - Member 6. Representative from the Community Member B. The CPOs shall perform the following functions: Draft a school child protection policy and school safety plan;
1.

Develop and implement a school-based referral and monitoring system;

2.

Initiate information and dissemination programs and activities on how to protect children from abuse, exploitation, violence discrimination and bullying;
3.

4. 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; 5. Adopt measures and organize of activities and other forms of Child protection programs and prevention of abuse, violence, exploitation, discrimination and bullying;

6. Give assistance to parents/guardians; whenever necessary in securing expert guidance counseling from the appropriate offices or institutions; 7. Identify, refer and, if appropriate, report to the appropriate offices cases involving child abuse, exploitation, violence, discrimination and bullying; and 8. Coordinate closely with the Women and Child Protection Desks with the Philippine National Police (PNP). Section 8. Capacity Building of School Officials, Personnel, Parents and Students All public and private elementary and secondary schools shall build the capacities of school personnel, students and parents to understand and deal with child abuse, exploitation, violence and discrimination cases by conducting sessions, trainings and seminars on positive peer relationships and enhancement of social and emotional competence, measures to protect the children from abuses, exploitation, violence, discrimination and other related cases. They shall use training modules which include positive and non-violent discipline in classroom management, anger and stress management and gender sensitivity. They shall likewise employ means which enhance the skills and pedagogy in integrating and teaching childrens rights in the classroom.

III. PREVENTIVE MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION, VIOLENCE AND DISCRIMINATION CASES Section 9. - Promotion of Techniques on Positive and Non-Violent Discipline The Regional and Schools Division Offices, with the involvement of internal and external stakeholders, pursuant to RA No. 9155, shall formulate comprehensive programs and activities which shall be implemented to promote positive and non-violent discipline. A nationwide information dissemination and campaign on violence prevention programs for children and research-based best practices for teachers shall also be conducted to promote the new techniques, methodologies and research related to teaching, classroom management, child development, positive and non-violent discipline. Subject to additional input or revision from Ms. Cabiles Note: (to provide framework) (Ms. Minerva Cabiles will submit a new provision of Section 9) Section 10. Mobilizing the Students, Parents, School Heads, Teachers, Community, Local Government Units and Other Stakeholders to Address Child Abuse, Exploitation, Violence, Discrimination and Bullying Cases. The DepED Central Office, through the Offices of the Undersecretary for Programs and Projects and Regional Operations shall devise programs, campaigns and activities to raise consciousness, mobilizing and educating the parents, teachers, community, local government units and other stakeholders to address child abuse, exploitation, violence, discrimination and bullying cases.

The Division Offices shall mobilize, and conduct capability building activities for, parents, teachers, community, local government units and other stakeholders to address child abuse, exploitation, violence, discrimination and bullying cases. Section 11. Providing Measures and Interventions to Prevent Child Abuse, Exploitation, Violence, Discrimination and Bullying Cases. The Regional and Schools Division Offices shall formulate and institutionalize programs, services and interventions which shall facilitate the development of social and emotional skills that are relevant in the prevention of child abuse, exploitation, violence, discrimination and bullying cases, as well as the adoption and institutionalization of mechanisms for assessment, identification, monitoring, and referral of students who may be more at risk as victims or perpetrators of bullying because of developmental risks and/or disorders (e.g., ADHD, conduct disorder, gang membership, academic difficulties, etc.) (to be revised) IV. PROTECTIVE AND REMEDIAL MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION, VIOLENCE AND DISCRIMINATION CASES Section 12. - Prohibition of Acts Pertaining to Child Abuse and Child Related Violence The following acts, as defined in Section 2 of this Order, are hereby prohibited: 1. 2. 3. 4. Child abuse [Section 2 (G)] Discrimination against children [Section 2 (H)] Child Exploitation [Section 2 (I)] Violence Against Children in School [Section 2 (J)]

5. Bullying [Section 2 (K)] 6. Corporal Punishment [Section 2 (L)] 7. Any analogous or similar acts. Section 13. - Procedures to be Adopted by Private and Public Schools for Academic and Non-Academic Personnel Public school teachers, academic and non-academic personnel and such other officers and employees of the Department of Education enumerated under this Order including those who are exercising substitute or special parental authority and any other official whose care and custody of the child has been entrusted to and who commit any of the abovementioned acts shall be administratively liable in accordance with the Revised Rules of Procedures in Administrative Cases of the Department in relation to the Uniform Revised Rules of Civil Service in Administrative Cases. Private school teachers, academic and non-academic personnel and such other officers and employees of the private schools enumerated under Section 2 of this Order, including those who are exercising substitute or special parental authority such as but not limited to employers and supervisors, service providers, priests, nuns, pastors and any other person whose care and custody of the child has been entrusted to and who commit any of the abovementioned acts shall be administratively liable in accordance with the Administrative and Disciplinary Procedures of the School. Private schools shall be responsible for promulgating clear policies on bullying, protocol for reporting of cases, and procedures for handling and management of cases. Section 14. Penalties to be Imposed by Private and Public Schools on Students.

Any pupil or student who is found guilty of bullying any other pupil or student shall be liable in accordance with the existing DepED rules and regulations and shall be meted the following penalties: 1.First Offense Reprimand and attendance in childrens rights seminars and/or counseling activities conducted by Child Protection Office. 2.Second Offense Suspension for not more than one (1) week and attendance to childrens rights seminars and/or counseling activities by the Child Protection Office. 3.Third Offense Expulsion and/or exclusion from the public or private school, as the case may be. [CPSTA and provision] Save the Children will submit revised

Section 15 (a). Procedures in Handling Cases Involving Bullying Complaints involving bullying shall be treated as serious offenses and not merely taken for granted. (Where is the procedure?) The parents and/or guardians of the children shall be present and addressed in all matters involving the implementation and imposition of sanctions and disciplinary measures against children guilty of bullying. Section 15 (b). - Imposition of Non-punitive Measures to Address Bullying Subject to compliance with the requirements of due process and school regulations and depending on the gravity of the offense committed by the pupil or student, the school official concerned may elect any

of the Positive and Nonviolent and/or Techniques suggested Order in lieu of the punitive enumerated in this Section. Section 9)

Disciplinary Measures in Section 9 of this measures previously (No enumeration in

Section 15 (c). Bullying Resulting to Serious Injuries or Death If the act of bullying resulted in serious injuries or even death, the penalty shall be automatic expulsion and the child who is found guilty of the abovementioned act shall be automatically referred to DSWD and the PNP Women and Children Protection Desk for appropriate action. V.RULES AND PROCEDURES IN HANDLING CHILD ABUSE, EXPLOITATION, VIOLENCE AND DISCRIMINATION CASES IN PUBLIC SCHOOLS Section 16. - Investigation and Reporting Complaints involving child abuse, exploitation, violence and/or discrimination committed by officials and employees of the Department shall be treated as grave administrative offenses under the Revised Rules of Procedures in Administrative Cases. Likewise failure to report such cases to the appropriate referral mechanism shall constitute gross neglect of duty. In all such cases, the following procedures for handling cases of reported abuses and related violations against children in public schools shall be strictly followed: A. The Schools Division Superintendents (SDS) shall immediately conduct a fact-finding investigation on any incidents of child abuse, exploitation, violence and/or discrimination within their division. After the

conclusion of the fact-finding investigation, a report shall be submitted within three (3) days by the SDS to the Regional Director. B. The complete details of the incident shall be submitted by the Regional Director to the Office of the Secretary within twenty-four (24) hours after he or she has knowledge of the incident. C. Based on the Fact-finding Report, if a prima facie case exists, within five (5) days from the submission of the said Report, a formal charge shall be filed by the Disciplining Authority. The filing of the Formal Charge shall be the basis for the issuance of the Order of Preventive Suspension against the offending party. The formal investigation to be conducted thereon shall be continuous until the termination of the case. The Revised Rules on Administrative Cases of this Department shall apply in all other aspects. D. The Disciplining Authority shall render his or her decision on the case within thirty (30) days from submission of the Formal Investigation Report. E. While the investigation is ongoing, the School Head or Principal and Guidance Counselor, in coordination with the Department of Social Welfare and Development, shall provide psychosocial intervention to help the victim recover from whatever trauma he or she has experienced as a result of the abuse. The offender shall also undergo psychosocial intervention, if such is warranted. F. Regional Directors shall monitor periodically and keep track of reported child abuse cases and submit a quarterly report thereon to the Offices of the Undersecretary for Legal and Legislative Affairs and the Undersecretary for Regional Operations. G. Failure to submit the incident report and to render

a decision involving the case within the period provided herein shall be dealt with in accordance with law. H.The Office of the Undersecretary for Legal and Legislative Affairs shall maintain records of all cases related to child abuse. (Atty. Joy will revise this section) Section 17. - No Settlement of Cases Involving Child Abuse, Exploitation, Discrimination and Related Violence There shall be no amicable settlement or compromise agreement in cases involving child abuse, exploitation, discrimination and related violence. Section 18. - Inapplicability of Grievance Machinery The rule on grievance machinery shall not apply to cases of child abuse, exploitation, discrimination and related violence. Child abuse cases erroneously referred to the Grievance Committee shall be re-filed as disciplinary administrative cases with the proper disciplining authority. Failure to refer such cases to administrative proceedings shall be dealt with accordingly. In cases where the offended party and the offender are both children, the CPO shall be responsible for the appropriate referral of the victim and the offender. (1.Child to Child cases should be referred to CPOs 2. Additional provision on the functions of CPOs on Child to Child cases)

Section 19. Privacy and Confidentiality In child abuse, exploitation, discrimination and other related cases enumerated in this Order, the identity of the pupil/student shall be withheld from the public to protect the childs privacy. The laws on confidentiality shall be strictly applied. Section 20. Criminal and Civil Liability Administrative liability for child abuse, violence, exploitation, discrimination and other related offenses is separate and distinct from any criminal or civil liability .The filing of criminal or civil cases shall not be a bar to the filing of an administrative case arising from the same act or omission.

VI.REFERRAL, RECOVERY, HEALING AND REHABILITATION OF VICTIMS AND MINOR OFFENDERS IN CASES INVOLVING CHILD ABUSE, EXPLOITATION, VIOLENCE, DISCRIMINATION AND OTHERS

Section 21. Assessment and Intervention The Schools Division Offices, in coordination with the Child Protection Offices (CPOs) of every public and private school within their jurisdiction, shall be responsible for making the appropriate referral, within forty-eight (48) hours, for the conduct of an assessment in cases of child abuse, exploitation, discrimination, physical, sexual or psychological violence, bullying, corporal punishment and any other humiliating or degrading forms of punishment of

children to determine the appropriate interventions, considering the best interest of the child at all times. The assessment shall be completed within five (5) calendar days, without prejudice to the conduct of a more comprehensive case study report and shall be submitted to the Regional Director. The interventions may include psychosocial interventions for the child and the family, seminars on childrens rights and positive and non-violent discipline of children, counseling, anger management and referrals to other rehabilitative services for the perpetrator. (to revise this provision. CPOs or School Head should not be the one to conduct assessment) To separate provision on reporting CPSTA to provide templates Section 22. - Evaluation and Monitoring of Cases Involving Child Abuse, Exploitation, Violence, Discrimination and Bullying The Regional Director shall designate an official who shall specifically conduct a monthly evaluation and monitoring activities and keep track of reported cases involving child abuse, exploitation, violence, discrimination and bullying and shall submit a final report thereon to the Offices of the Undersecretary for Legal and Legislative Affairs and the Undersecretary for Regional Operations. Section 23 Referral, Recovery, Healing, Rehabilitation of Victims and Minor Offenders in Cases Involving Child Abuse, Exploitation, Violence, Discrimination and Bullying After the respective assessment of victims and offenders in cases involving child abuse, exploitation, discrimination and bullying, the Social Worker, with the aid of the assigned guidance counselor and in coordination with the local DSWD, 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 childs family shall be informed of any action undertaken. The Schools, through their Child Protection Offices (CPOs) shall conduct trainings and develop and implement progressive and effective measures involving appropriate referrals and other rehabilitative services for the offenders of cases involving child abuse, exploitation, discrimination, child related violence, bullying, corporal punishment and any other related acts. They shall submit reports and recommendations to the Schools Division Superintendents within five (5) calendar days after the culmination of their monthly trainings and related activities. The Schools Division Superintendents shall evaluate the said report and shall submit monthly accomplishment reports and suggested measures with the Regional Director, who shall in turn, prepare a quarterly report and shall submit the same to the Office of Undersecretary for Regional Operations for consolidation and further discussion in the Management Committee of the Department. I. MISCELLANEOUS PROVISIONS

Section 25. - Separability Clause Any part or provision of this DepED order which may be held invalid or unconstitutional shall not affect the effectivity and efficiency of operation and implementation of its remaining provisions. Section 26. - Effectivity This DepED Order shall take effect immediately upon issuance.

II.

ANNEXES DIAGRAMS OF PROCEDURE (To be formulated based on the approved text of the Draft Policies)
[Atty. Mallongas Recommendation]