DepEd Order No. 40, s.

2012

CHILD PROTECTION POLICY

Policy and Guidelines on Protecting Children

in School from Abuse, Violence, Exploitation,
Discrimination, Bullying and other forms of Abuse
 This booklet was produced with the support of Plan
International Inc., in coordination with the Department of
Education-Central Office.
Table
Table of
of Contents
Contents

1 General Provisions

11 Duties & Responsibilities

21 Preventive Measures to address

Child Abuse, Exploitation, Violence,
Discrimination, Bullying, & Other
Acts of Abuse

22 Protective & Remedial Measure to

Address Chid Abuse, Exploitation,
Violence, Discrimination, Bullying &
Other Acts of Abuse

24 Rules and Procedures in Handling

Child Abuse, Exploitation, Violence &
Discrimination

29 Referral and Assessment of Victims,

Offenders & other Children

30 Miscellaneous Provisions

31 Annex
 GENERAL PROVISIONS

I. 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.

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 GENERAL PROVISIONS

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 para-
mount consideration in all decisions and actions involving
children, whether undertaken by public or private social wel-
fare 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.

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 GENERAL PROVISIONS

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

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 GENERAL PROVISIONS

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.

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 GENERAL PROVISIONS

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 prefer-
ence which is based on any ground such as age,
ethnicity, sex, sexual orientation and gender iden-
tity, language, religion, political or other opinion,
national or social origin, property, birth, being in-
fected 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,

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 GENERAL PROVISIONS

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 bene-
fit of others. Economic exploitation involves a
certain gain or profit through the production,
distribution and consumption of goods and ser-
vices. 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

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 GENERAL PROVISIONS

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;
c. 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 outnumbered, younger,
weak, with disability, less confident, or otherwise
vulnerable. More particularly:

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 GENERAL PROVISIONS

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

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 GENERAL PROVISIONS

or student.
2. 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 author-
ity 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

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 GENERAL PROVISIONS

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,

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 DUTIES AND RESPONSIBILITIES

constructive and proactive 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.
II. 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 research-based 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,

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 DUTIES AND RESPONSIBILITIES

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
un-der 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 Re-
gional 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

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 DUTIES AND RESPONSIBILITIES

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

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 DUTIES AND RESPONSIBILITIES

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

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 DUTIES AND RESPONSIBILITIES

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 capability-
building activities on child protection measures and
protocols;

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 DUTIES AND RESPONSIBILITIES

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 non-academic
and other personnel:
A. Exercise special parental authority and
responsibility over the child while under their
supervision, instruction and custody. Authority and

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 DUTIES AND RESPONSIBILITIES

responsibility shall apply to all authorized activi-

ties 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.

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Section 9. Duties and Responsibilities of Pupils, Stu-

dents 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 inter-
preted to defeat the objectives of this Department Order.
A. 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;

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 DUTIES AND RESPONSIBILITIES

B. Respect another person’s rights regardless of

opinion, status, gender, ethnicity, religion, as well as
everyone’s moral and physical integrity; and
C. 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 desig-
nated by the Punong Barangay, preferably a
member of the Barangay Council for the Protec-
tion 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”;

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 DUTIES AND RESPONSIBILITIES

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

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 PREVENTIVE MEASURES TO ADDRESS ABUSE

procedures affecting their welfare.

III. 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 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 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

21 - “DepEd Child Protection Policy”

 PROTECTIVE AND REMEDIAL MEASURES

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.
IV. 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

“DepEd Child Protection Policy” - 22

 PROTECTIVE AND REMEDIAL MEASURES

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;

23 - “DepEd Child Protection Policy”

 RULES AND PROCEDURES

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.
V. 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.

“DepEd Child Protection Policy” - 24

 RULES AND PROCEDURES

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 non-teaching 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

25 - “DepEd Child Protection Policy”

 RULES AND PROCEDURES

a result of the abuse. The offender shall likewise

undergo psycho-social 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;

“DepEd Child Protection Policy” - 26

 RULES AND PROCEDURES

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 com-position
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 Undersecre-
tary 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.

27 - “DepEd Child Protection Policy”

 RULES AND PROCEDURES

Complaints of child abuse, violence, dis-crimination,

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 pen-alty shall be that which is provided by the rules

“DepEd Child Protection Policy” - 28

 REFERRAL AND ASSESMENT OF VICTIMS AND OFFENDERS

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.
VI. 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.

29 - “DepEd Child Protection Policy”

 MISCELLANEOUS PROVISIONS

VII. 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 provi-
sions 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.

“DepEd Child Protection Policy” - 30

 ANNEX A

Report of cases of abuse, violence, exploitation, discrimination,

bullying or peer abuse and other related
Offenses
School/Division/Region : __________________________

Period Covered : __________________________________

Person Submitting Report: _________________________
Designation: _____________________ Date: __________

VICTIMS RESPONDENTS

Name Age Sex Name Age Sex Nature of Actions Recom-

(M or F) (M or F) Complaint Taken menda-
tion
 ANNEX B

DEPARTMENT OF EDUCATION
INTAKE SHEET

I. INFORMATION:

A. VICTIM:

Name: _______________________________
Date of Birth: ____________________ Age: ________ Sex: _______
Gr./Yr and Section: ______________ Adviser: _________________

Parents:

Mother: ______________________________ Age: ________

Occupation: _______________________________
Address: __________________________________________________

Father: ______________________________ Age: _________

Occupation: ______________________________
Address and Contact Number: _______________________

B. COMPLAINANT:

Name: _____________________________________
Relationship to Victim: _________________________
Address and Contact Number: ______________________

C. RESPONDENT:

C-1. If respondent is a School Personnel

Name: _______________________________
Date of Birth: ____________________ Age: ________ Sex: _______
Address and Contact Number: ______________________________

C-2. If respondent is a Student

Name: _______________________________
Date of Birth: ______________________Age: ________ Sex: _______
Gr./Yr and Section: _______________ Adviser: ____________
Parents/Guardian:
Mother: _________________________ Age: _____________
Occupation: _______________________________
Address and Contact Number: ______________________________

Father: ______________________________ Age: ________

Occupation: ______________________________
Address and Contact Number: _______________________________

II. DETAILS OF THE CASE:

III. ACTION TAKEN:

1.

2.

3.

IV. RECOMMENDATIONS:

1.

2.

3.

Prepared by:
______________________
Name over Printed Name
_______________________
Designation
_______________________
Date
 ANNEX C
DEPARTMENT OF EDUCATION
Objective
The Department of Education promotes a zero-tolerance policy for
any act of child abuse, exploitation, violence, discrimination, bullying and
other forms of abuse.
Principles
1. Schools shall be conducive to learning and children shall have the
right to education free from fear;
2. All children shall be protected from all forms of abuse and bullying
to develop self-esteem and self-confidence;
3. Schools shall advocate a positive and non-violent mode of disci-
plining children to foster self-discipline and to improve self-esteem;
4. Corporal punishment shall not be imposed on any child in school
for the purpose of discipline, training or control;
5. School Heads shall take steps to prevent bullying and ensure that
the appropriate interventions, counseling and other services, are pro-
vided for the victims of abuse, violence, exploitation, discrimination
and bullying;
6. Pupils, students or learners shall respect the rights of others and
refrain from committing acts of bullying and peer violence;
7. Parents shall be actively involved in all school activities or events
that raise awareness on children’s rights, positive discipline, and the
prevention of bullying;
8. Visitors and guest shall be oriented on the Child Protection Policy.
9. All schools shall establish a Child Protection Committee (CPC)
which shall be composed of the following members:
a. School Head/Administrator – Chairperson
b. Guidance Counselor/ Teacher – Vice Chairperson
c. Representative of the Teachers as designated by the Faculty
Club
d. Representative of the Parents as designated by the Parents-
Teachers Association
e. Representative of pupils, students and learners as designated by
the Supreme Student Council Representative from the Community
as designated by the Punong Barangay, preferably a member of the
Barangay Council for the Protection of Children (BCPC).
 ANNEX D

Department of Education Child Protection Policy

Referral and Monitoring System

Complaint

School
Head/Principal

Child Protection
Referral System Committee Monitoring System
(coordination of immediate
response) Fill-up Intake Sheet (Annex “B”)

Other assistance Consolidate reports

For possible filing Division Office on incidents and
of criminal action cases of all schools
NGO’s and other and submit a
government Division Report
PNP agencies (Annex “A”) to the
Regional Office
(Women and
Children’s
Protection Desk) Consolidate reports
• assessment Regional Office on incidents
• psycho-social intervention and cases of the
• protective measures Division Offices
within the Region
and submit a
Regional Report
(Annex “A”) to the
Undersecretary
for Legal and
DSWD Regional Legislative Affairs
LSWDO
Office (Crisis
Central repository
Intervention
Central Office of Regional Reports
Units) (Annex “A”)
  
DepEd Order No. 40, s. 2012
CHILD PROTECTION POLICY