LEGAL BASIS

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 (Article XV, Section 2).

The Philippine Constitution further states that all educational institutions shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of the 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).

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. As a matter of fact, the 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 those which they have no control, and assist the concerned agencies in their rehabilitation program. 

As stated in the Section 6 of DepEd Order No. 40, s. 2012, the division offices shall have the following duties and responsibilities:

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

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

   1. 1. Apply positive and nonviolent discipline;

      2. Formulate and implement guidelines and procedures to emphasize the role of all stakeholders and other persons in the prevention and reporting cases of bullying, and

      3. Provide conflict resolution or peer mediation, including referral to appropriate service providers, if needed.

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

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

5. Consolidate the reports on incidents and cases of all schools and submit a Division Report to the Regional Office;

6. 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;

7. 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;

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

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

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

11. Perform such other functions as may be assigned by the Secretary of the Regional Director.

Section 7 of DepEd Order No. 40, s. 2012 states that the schools shall have the following duties and responsibilities:

1. Ensure the institutionalization of effective child protection policies and procedures, and monitor thereof

2. Ensure that the school adopts a child protection policy;

3. Ensure that all pupils, students or learners, school personnel, parents, guardians or custodians and visitors and guests are made aware of the child protection policy;

4. Organize and convene the Child Protection Committee of the school;

5. Conduct the capacity building activities for the members of the Child Protection Committee and Guidance Counselors/Teachers;

6. Conduct disciplinary proceedings for offenses committed by the learners;

7. Ensure that the participatory and other rights of the children are respected and upheld in all matters of procedures affecting their welfare;

8. Maintain a record of all proceedings related to bullying or peer abuse and submit after each school year to the Division office  and a copy of the intake form;

9. Conduct appropriate training and capability-building activities on child protection measures and protocols;

10. Ensure that the school adopts a Student Code of Conduct to be followed by all pupils, students or learners, 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;

11. Adopt school 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;

12. 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;

13. Coordinate with the Department of Social Welfare and Development  or appropriate government and non-governmental organizations on a Child Protection Hotline for reporting abuse, violence, exploitation, discrimination, bullying and other similar for counseling;

14. 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 of DepEd Order No. 40, s. 2012, states the duties and responsibilities of School Personnel (school administrators, teachers, academic and non-academic and other personnel based on the Article 218 of the Family Code of the Philippines:

1. Exercise special parental authority and responsibility over the child while under his or her supervision, instruction and custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.

2. 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;

3. Keep them in their company and support, educate and instruct them by the right precept and good example;

4. Give them love and affection, advice and counsel, companionship and understanding;

5. Enhance, protect, preserve and maintain their physical and mental health at all times;

6. 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;

7. Represent them in all matters affecting their interests;

8. Inculcate the value of respect and obedience;

9. 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;

10. Perform such other duties as are imposed by law upon them, as substitute parents or guardians; and

11. School personnel shall also strictly comply with the school’s child protection policy.

Section 9 of DepEd Order No. 40, s. 2012 states the following duties and responsibilities of the pupils, students or learners:

1. Comply with the school’s regulations, as long as they are in harmony with their best interests. Pupils, students and learners shall refrain from:

   1. 1. 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;

      2. Doing any act that is inappropriate or sexually provocative;

      3. Participating in behavior of other students that is illegal, unsafe or abusive behavior;

      4. Marking or damaging school property, including books in any way;

      5. Engaging in fights or any aggressive behavior;

      6. Introducing into the school premises otherwise possessing prohibited articles, deadly weapons, drugs, alcohol, toxic and noxious substances, cigarettes and pornographic materials; and

      7. Performing other similar acts that cause damage or injury to another.

An allegation that any of these acts has been committed shall not be used to curtail the child’s basic rights, or interpreted to defeat the objectives of this Department Order.

2. 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;

3. Respect another person’s rights regardless of opinion, status, gender, ethnicity, religion, as well as everyone’s moral and physical integrity; and

4. Observe the code of conduct for pupils,  students and learners.

Section 10 of DepEd Order No. 40 s. 2012, states the establishment of a Child Protection Committee in all public and private elementary and secondary schools where:

4. 1. The CPC shall be composed of the following: 

      1. School head/Administrator-Chairperson

      2. Guidance Counselor/Teacher-Vice Chairperson

      3. Representative of the Teachers as designated by the Faculty Club

      4. Representative of the Parents as designated by the Parents Teachers Association

      5. Representative of pupils, students and learners as designated by the Supreme Student Council

      6. Representative from the Community as designated by the Punong Barangay, preferably a member of the Barangay Council for the Protection of Children (BCPC).

   2. 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;

      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;

      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 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 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 needed support of the child and for those who care for the child; and

      9. Ensure that the children’s right to be heard are respected and upheld in all matters and procedures affecting their welfare.