DepEd Child

Protection Policy
(DepEd Order No. 40, s. 2012)
United Nations Convention on the Rights of the Child
(UNCRC)

• It is an international human rights treaty which sets out the civil, political,
economic, social, health and cultural rights of children.
• UNCRC sets global standards for the protection of the rights of children.
• Adopted in November 20, 1989 with 191 state parties as signatories.
• I990 – Philippines ratified this treaty.
Four (4) Categories of Child Rights

• RIGHT TO SURVIVAL
• Right to life
• Right to health
• Right to adequate standard of living
• Right to parental care and support
• RIGHT TO DEVELOPMENT
• Right to education
• RIGHT TO PROTECTION
• Right to be protected from abuse and neglect
• Right to be protected from sexual exploitation
• RIGHT TO PARTICIPATION
• Right to opinion
• Right to freedom of expression
DepEd Child Protection Policy
• Also known as Department Order No. 40, s. 2012
• Issued on May 14, 2012
• DepEd CPP was developed pursuant to the following legal bases:

• United Nations’ Convention on the Rights of the Child – treaty on

the civil, political, economic, social, health and cultural rights of
children (ratified by the Philippines in 1990)

• Article XIV, Section 3 [2] of the 1987 Philippine Constitution – The

State shall provide special protection to children from all forms of
neglect, abuse, cruelty, exploitation and other conditions prejudicial to
their development.

DepEd CPP mandates that school discipline must be administered in

a manner consistent with the child’s human dignity.
Special Parental Authority
• 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.

• The school, its administrators and teachers are the substitute parents
and are expected to discharge their functions and duties with this in mind.

• Article 218, Title IX of the Civil Code of the Philippines – SPECIAL

PARENTAL AUTHORITY over the minor child while under their
supervision, instruction or custody.

• IN LOCO PARENTIS – Acting in place of parents

DepEd Child Protection Policy
• DepEd reiterates a ZERO TOLERANCE POLICY for any act of child
abuse, exploitation, violence, discrimination, bullying and other forms of
abuse.
Definition of Terms
WHO IS A CHILD?
• Any person below 18 years old;
• Over 18 years old but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of physical or mental disability or condition;

• For purposes of this DO, the term includes pupils or students who
may be 18 years old or older but are in school.
Prohibited Acts

• Child Abuse;
• Violence;
• Exploitation;
• Discrimination;
• Corporal Punishment;
• Bullying; and
• Other forms of abuse.
Child Abuse
Child Abuse
• Refers to the maltreatment of a child, whether habitual or not, which
includes any of the following:
1) Psychological or physical abuse; 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 or 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.
Discrimination against children
Act of exclusion, distinction, restriction or preference based on any
ground such as:
• Age, ethnicity, sex, sexual orientation and gender identity;
• Language, religion, political or other opinion, national or social origin;
• Property, birth;
• Being inflicted by HIV/AIDS; being pregnant, being a child in conflict
with the law; being a child with disability or other status or condition
among others.
Child Exploitation
• Refers to the use of children for someone else’s advantage, gratification or
profit resulting in an unjust, cruel and harmful treatment of the child.

TWO forms of Child Exploitation:

1) Sexual exploitation; and
2) Economic exploitation – use of the child in work or other activities for
the benefit of others (e.g. illegal child labor)
Rizaldo L. Orsos vs. People of the Philippines

G.R. No. 214673, November 20, 2017

• ”AAA” – 14 years old, third year high school student at Dumalag Central
National High School (DCNHS) in Dumalag, Capiz
• Orsos - Teacher and Citizen's Army Training (CAT) Commandant

• Rizaldo L. Orsos is found GUILTY beyond reasonable doubt of the crime

of Lascivious Conduct under Section 5 (b) of Republic Act No. 7610 and
accordingly, SENTENCED to suffer the indeterminate prison term of ten
(10) years and one (1) day of pris ion mayor, as minimum, to seventeen
(17) years, four (4) months, and one (1) day of reclusion temporal, as
maximum, xxx
Violence
• Refers to a single act or series of acts committed by school
administrators, academic and non-academic personnel against a child
which result in or likely to result in physical, sexual, psychological harm
or suffering.

• Includes the following acts:

1) Physical violence;
2) Sexual violence;
3) Psychological violence;
4) Other acts of violence prejudicial to the best interest of the child.
VIRAL: School official burns students'
bags as punishment

BURNT. School bags and their contents are reduced to ashes in the Bicol
Central Academy (BCA) Compound. (Photo from Rappler.com, AUGUST 19,
2018).
Bullying or Peer Abuse
• This act happens when a student commits an act or series of acts directed
towards another student, or a series of single acts directed towards several
students in a school setting or place of learning, which results to:
1) Physical and mental abuse; and
2) Harassment, intimidation or humiliation.
Bullying or Peer Abuse

ATENEO DE MANILA BULLYING INCIDENT

SOCIAL MEDIA USAGE &
CYBERBULLYING

FACEBOOK
“To stay connected with friends and family, to discover
what's going on in the world, and to share and express what
matters to them.”

INSTAGRAM
Allows users to share photos and videos from their lives,
add captions, edit filters, etc.

TWITTER
“To connect people and allow people to share their
thoughts with a big audience”

TIKTOK
A popular social media app that allows users to create,
watch, and share 15-second videos shot on cellphones.
SOCIAL MEDIA USAGE &
CYBERBULLYING

In the Philippines, latest

national data show that
cyberviolence affects almost
half of children aged 13-17.

The prevalence of
cyberviolence for males (44 per
cent) is almost the same for
females (43 per cent).

UNICEF. (2019). Online bullying remains prevalent in the

Philippines, other countries. Retrieved October 21, 2021 at
https://www.unicef.org/philippines/press-releases/online-
bullying-remains-prevalent-philippines-other-countries
The Cycle of Bullying
THE CYCLE OF
BULLYING
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 and adult or any
other child who has been given authority for punishment or discipline.
What kind of discipline is sanctioned
by this DepEd Order?
Positive and non-violent discipline of
children
• Holistic, constructive and pro-active approach to teaching which helps children
develop appropriate thinking and behavior and fosters self-discipline.

• Based on the fundamental principle that children are full human beings with
basic human rights.

• February 23, 2019 – Pres. Duterte vetoed the Positive and Non-Violent
Discipline Law
• In his veto message, President Duterte says corporal punishment can be
administered in a way 'that the children remember it not as an act of hate
or abuse, but a loving act of discipline that desires only to uphold their
welfare‘.
Child Protection Policy in the School
Level
• Schools shall have their own Child Protection Policy and procedures,
and shall monitor compliance thereof;
• Schools must adopt a child protection policy;
• Pupils, students or learners, school personnel, parents, guardians or
custodians must be made aware of DepEd’s Child Protection Policy;
• Organize and convene a Child Protection Committee for the school;
• Conduct disciplinary proceedings in cases of offenses committed by
pupils, students or learners.
Establishment of a
Child Protection Committee
SCHOOL HEAD - Chairperson
GUIDANCE COUNSELOR/ TEACHER - Vice Chairperson
REPRESENTATIVE OF TEACHERS
REPRESENTATIVE OF PARENTS
REPRESENTATIVE OF STUDENTS
REPRESENTATIVE FROM THE COMMUNITY
Procedures in handling Bullying
incidents
• Upon filing of the complaint or notice to any school personnel of the
bullying incident – report it to the School Head
• School Head has the following duties:
1. INFORM the parents/guardians of the victim and the offending
child in a meeting called for the purpose; and
2. REFER the victim and the offender to the Child Protection
Committee (counseling and intervention).

• School Head may impose the penalty of REPRIMAND for the first
offense.
• Suspension of not more than one (1) week for second offense.
• If bullying results to serious physical injuries/death – RA 9344
Procedures in handling Bullying incidents
• In cases where the imposable penalty on the offending child is
SUSPENSION, EXCLUSION or EXPULSION, the minimum
requirements of due process shall be complied with:

1. The child and the parents/guardians must be informed in writing;

2. Child shall be given opportunity to answer in writing;
3. Decision of the School Head must be in writing, stating the facts and
reason for the decision.
Why is there a special concern for children?
• The healthy development of children is crucial to the future of any society.

• Children are more vulnerable than adults to the conditions under which they
live.

• Children are vulnerable to exploitation and abuse, sometimes by the very

adults who have the duty to protect them.
POINTS TO CONSIDER
1. Extensive and regular monitoring of the implementation of the child
protection policy in schools.
2. Intensified campaign and information drive that will raise awareness of
the DepEd Child Protection Policy among all stakeholders.
3. Parents and guardians of students must be included in the discussion of
DepEd Order No. 40, s. 2012.
4. Reporting of cases involving violations of DepEd Order No. 40, s. 2012
must be encouraged.
5. Harmonize the provisions of the DepEd Child Protection Policy and, on
the other hand, the special parental authority of school administrators,
teaching and non-teaching personnel of academic institutions.
END OF DISCUSSION