CHILD PROTECTION COMMITTEE CONSTITUTION AND BY LAWS

PREAMBLE
San Luis National High School envisions a commitment to excellence in developing God loving and
socially responsible individuals through the provision of quality basic education that is accessible to all. The
school is fully conscious that the realization of its vision and the fulfillment of its mission can only be
achieved if the welfare and the rights of its students are consistently upheld and promoted. The SLNHS
therefore respects the child protection policy of the Department of Education and adheres to the United
Nations convention on the Rights of the Child (UNCRC) and other international covenant which demand
that all children be protected from all forms of abuse, discrimination and exploitation. The SLNHS upholds
the invisible rights of children and will act without hesitation to ensure that children are consistently
protected and a child-safe environment is maintained.

l. GENERAL PROVISIONS
Section 1. Short Title
SAN LUIS NATIONAL HIGH SCHOOL CHILD PROTECTION COMMITTEE

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.
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 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 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.

Accordingly, this Department reiterates a zero tolerance policy for any act of
child abuse, exploitation, violence, discrimination, bullying and other forms of abuse,
and hereby promulgates this Department Order.

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 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.

I. "Child Abuse" — refers to the maltreatment of a child, whether habitual or not,

which includes any of the following:

a. psychological or physical abuse, neglect, cruelty, sexual abuse and

emotional maltreatment;

b. any act by deeds or words which debases, degrades or demeans the

intrinsic worth and dignity of a child as a human being;
 c. unreasonable deprivation of the child's basic needs for survival, such as
food and shelter; or

d. 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 RA 7610).
J. "Discrimination against children" — refers to an act of exclusion, distinction,
restriction or preference which is 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 infected 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,
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:

a. 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.

b. Economic exploitation — refers to the use of the child in work or other

activities for the benefit of others. Economic exploitation involves a
certain gain or profit through the production, distribution and
consumption of goods and services. 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 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;

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, 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 out-numbered, younger, weak, with
disability, less confident, or otherwise vulnerable. More particularly:

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 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 authority or responsibility for
punishment or discipline. It includes physical, humiliating or degrading
punishment, including, but not limited to the following:

a. 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;

b. Striking of a child's face or head, such being declared as a

"no contact zone",
c. Pulling hair, shaking, twisting joints, cutting or piercing skin, dragging,
pushing or throwing of a child;
d. 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;
 e. Deprivation of a child's physical needs as a form of punishment;

f. 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;
i. Tying up a child;
ii. Confinement, imprisonment or depriving the liberty of a child;

iii. Verbal abuse or assaults, including intimidation or threat of bodily

harm, swearing or cursing, ridiculing or denigrating the child;

iv. 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;

v. 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
vi. Other analogous acts.

P. "Positive and Non-Violent Discipline of Children" —is a way of thinking and a

holistic, constructive and pro-active 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.

ll. DUTIES AND RESPONSIBILITIES

Section 4. — 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;
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 5. 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 nonacademic and other personnel:

A. Exercise special parental authority and responsibility over the child while under
their 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.
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;

l. 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.
Section 6. Duties and Responsibilities of Pupils, Students 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 interpreted to defeat the
objectives of this Department Order.
 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 persons;

C. Respect another person's rights regardless of opinion, status, gender,

ethnicity, religion, as well as everyone's moral and physical integrity;
and

D. Observe the Code of Conduct for pupils, students and learners.

Section 7. 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 designated by the Punong
Barangay, preferably a member of the Barangay Council for the Protection
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";

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 procedures affecting their welfare.

III. DECLARATION OF PRINCIPLES AND OBJECTIVES

Section 8. The Child Protection Committee aims to:

a. Protect Children from physical violence, mental violence, emotional violence, psychological
violence and social violence, injury and abuse (pursuant to the 1987 Constitution Article XV,
Section 3 [2]);
b. neglect or negligent treatment (Pursuant to the 1987 Constitution Article XV, Section 3 [2]);
c. maltreatment and exploitation, including sexual abuse. (Pursuant to the 1987 Constitution
Article XV, Section 3 [2]).
d. Safeguard/exercise the rights of the child as stated in Articles 220 and 233 of the Family
Code of the Philippines, PD No. 603.
e. Promote the rights of children

IV. PREVENTIVE MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION, VIOLENCE, DISCRIMINATION AND
BULLYING AND OTHER ACTS OF ABUSE.

Section 9. 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 jn parent-teacher conferences
and family counseling, and 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 AND BULLYING AND OTHER ACTS OF ABUSE.

Section 10. 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 offending child, in a meeting called for the purpose. The victim
and the offending child shall be referred to the Child Protection Committee for
counseling and other interventions. The penalty of reprimand, if warranted, may
be imposed by the School Head in the presence of the parents or guardians.
If bullying is committed for a second or subsequent time, after the offending
child has received counseling or other interventions, the penalty of suspension
for not more than one (1) week may be imposed by the School Head, if such is
warranted. During the period of suspension, the offending child and the parents
or guardians may be required to attend further seminars and counseling. The
School Head shall likewise ensure that the appropriate interventions, counseling
and other services, are provided for the victim or victims of bullying.

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;

(4) The decision of the school head may be appealed, as provided in existing
rules of the Department.

Section 11. 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 12. 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 13. 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.

Section 14. 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. The School Head, 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 factfinding
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 nonteaching 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 a result of the abuse. The offender shall
likewise undergo psychosocial 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;

4. evidence, in support of the complainant, if any;

5. a certification of non-forum shopping.

 E.I . 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
CounterAffidavit/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 composition 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 Undersecretary 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 15. Jurisdiction. Complaints of child abuse, violence, discrimination,

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 16. 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 17. 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.
 MICHAEL S. PAREJA
Chairperson/ School Principal

MARIA LIZA D. TORAYNO

Vice-Chairperson/ Guidance Advocate

NELDA C. SALINAS
SHS Chairperson/ Member

ELEAZAR Q. BOQUIL
Faculty Club President/ Member

RACHEL C. REVECHE
GPTA BOD President/ Member

LOUIE LANIE E. YECYEC

Municipal Representative/Member

MARY ANTHONY G. RULLON, RSW

MSWDO/Member

RENALYN R. BATUL
Police Representative/Member

KENT SAGUITAN
BCPC /Member

KENNEX RYL O. CORVERA

SSG President/ Member

ROSENDO BATINGA
SGC President/Member