RA 7610

1. Policy and Guidelines
on Protecting Children in School
from Abuse, Violence, Exploitation,
Discrimination, Bullying and Other
Forms of Abuse
DEPARTMENT ORDER NO. 40, S. 2012

2. • DepEd shall ensure that schools are a safe place
for the education of children. The best interest of
the child shall be the paramount consideration
in all decisions and actions involving children.
• DepEd’s zero tolerance policy for any act of child
abuse, exploitation, violence, discrimination,
bullying and other forms of abuse.
DECLARATION OF POLICY

3. ABUSE...

4. ABUSE...
an action that intentionally causes harm or injures to another person.

5. LEGAL
BASES...
 Philippine Constitution
 Presidential Decree 603 or “Youth and Children
Code”
 Republic Act No. 7610 Special Protection Agaist
Child Abuse
 Republic Act No. 10627 or Anti-Bullying Act of 2013
 Republic Act No. 9344, as amended or Juvenile
Justice and Welfare Act
 Republic Act No. 10630 RIRR of RA 9344

6.  Convention on the Rights of the Child
(1989)
 Protects children from all forms of
violence, injury or abuse;
 Establishes the Right of the Child to
Education

7. The Philippine Constitution
 The State shall protect the right
of children to assistance,
including proper care and
nutrition, and special protection
from all forms of neglect, abuse,
cruelty, exploitation and other
conditions prejudicial to their
development (Art. XV. Sec. 3(b))

8. All educational institutions
shall…x x x… foster love of
humanity, respect for human rights
…x x x...develop moral character
and personal discipline…
The Philippine Constitution, Article XIV, Section 3 (b)

9. • Article 218, 220, 233 of the Family Code of the
Philippines and PD 603
Art. 218 “The school, its administrators and teachers, or
the individual, entity or institution engaged in child are
shall have special parental authority and responsibility
over the minor child while under their supervision,
instruction or custody.”
Art. 233. The person exercising substitute parental authority
shall have the same authority over the person of the child as
the parents.
In no case shall the school administrator, teacher of
individual engaged in child care exercising special parental
authority inflict corporal punishment upon the child. (n)

10. • Article 218, 220, 233 of the Family Code of the
Philippines and PD 603
Art. 220 The parents and those exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:
(1) To keep them in their company, to support, educate and instruct them by right precept and good
example, and to provide for their upbringing in keeping with their means;
(2) To give them love and affection, advice and counsel, companionship and understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-
discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them
compliance with the duties of citizenship;
(4) To 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;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians. (316a)

11. • Article 218, 220, 233 of the Family Code of
the Philippines and PD 603
“Authority and responsibility shall apply to all
authorized activities whether inside or outside
the premises of the school, entity or
institution….”

12. Coverage
Children who are enrolled in the basic
education system;
 School Personnel
 School Head
 Teaching or Non-Teaching
personnel
 School Visitor or Guest
 Media
 Suppliers or Bidders
 Parents and Guardians, etc.

13. PROHIBITED ACTS
a. Child abuse;
b. Discrimination against children;
c. Child exploitation;
d. Violence against children in school;
e. Corporal punishment;
f. Any analogous or similar acts; and
g. Bullying or peer abuse

14. Special Protection of Children
Against Child Abuse, Exploitation and
Discrimination Act
(Republic Act 7610)
MARTIN B. BACCAY
MARIA ELIZA C. SUYU

15. When do Rights Begin?
Philippine Constitution, Article II, Section 12 –
“The State recognizes the sanctity of family life
and shall protect and strengthen the family as a
basic autonomous social institution. It shall
equally protect the life of the mother and the life of
the unborn from conception.”

16. When do Rights Begin?
Presidential Decree No. 603, Article 3, #1
“Every child is endowed with the dignity and worth of
a human being from the moment of his conception,
as generally accepted in medical parlance, and has,
therefore, the right to be born well”.

17. Who are considered Children?
Children – persons below 18 years of age or
those over but are unable to do fully take care of
themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental
disability or conditions.

18. What is the Rationale of RA 7610?
To give protection to persons below 18 years of age or
those over but are unable to fully take care of themselves
or protect themselves from abuse, cruelty, and
exploitation.

19. Offenses Against Children under RA 7610
1. Child Prostitution and other sexual
abuse.

20. Offenses Against Children under RA 7610
1. Child Prostitution and other sexual abuse.
Children, whether male or female, who for
money, profit, or any other consideration or due to
the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in
prostitution and other sexual abuse.

21. Offenses Against Children under RA 7610
2. Attempt to commit child prostitution.

22. Offenses Against Children under RA 7610
2. Attempt to commit child prostitution.
 There is an attempt to commit child prostitution under Section 5, paragraph (a)
hereof when any person who, not being a relative of a child, is found alone with
the said child inside the room or cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishments, vessel, vehicle or any other
hidden or secluded area under circumstances which would lead a reasonable
person to believe that the child is about to be exploited in prostitution and other
sexual abuse.
 There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other similar establishments.

23. Offenses Against Children under RA 7610
3. Child Trafficking.
4. Attempt to commit child Trafficking.

24. Offenses Against Children under RA 7610
3. Child Trafficking.
Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the
penalty of reclusion temporal to reclusion perpetua.

25. Offenses Against Children under RA 7610
4. Attempt to commit child Trafficking.
 there is an attempt to commit child trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason
therefor and without clearance issued by the Department of Social Welfare
and Development or written permit or justification from the child’s parents or
legal guardian;
 (c) When a person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child trafficking; or
 (d) When a doctor, hospital or clinic official or employee, nurse, midwife,
local civil registrar or any other person simulates birth for the purpose of child
trafficking; or
 (e) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.

26. Offenses Against Children under RA 7610
5. Child pornography and indecent shows
and publication.

27. Offenses Against Children under RA 7610
5. Child pornography and indecent shows and publication.
 Any person who shall hire, employ, use, persuade, induce or coerce a
child to perform in obscene exhibitions and indecent shows, whether
live or in video, or model in obscene publications or pornographic
materials or to sell or distribute the said materials shall suffer the
penalty of prision mayor in its medium period.
 If the child used as a performer, subject or seller/distributor is below
twelve (12) years of age, the penalty shall be imposed in its maximum
period.
 Any ascendant, guardian, or person entrusted in any capacity with the
care of a child who shall cause and/or allow such child to be employed
or to participate in an obscene play, scene, act, movie or show or in any
other acts covered by this section shall suffer the penalty of prision
mayor in its medium period.

28. Offenses Against Children under RA 7610
6. Other Acts of Neglect, Abuse, Cruelty
or Exploitation and Other Conditions
Prejudicial to the Child’s Development.

29. Other Acts of Abuse
Any person who shall keep or have in his
company a minor, twelve (12) years or under
or who is ten (10) years or more his junior in
any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach
and/or other tourist resort or similar places.

30. Other Acts of Abuse
Any person who shall use, coerce, force or
intimidate a street child or any other child
to:
oBeg or use begging as a means of living
oAct as conduit or middleman in drug
trafficking or pushing
oConduct any illegal activities.

35.  Any severe or repeated use by one or more
students of a written, verbal or electronic
expression, or a physical act or gesture, or any
combination thereof, directed at another student
that has the effect of actually causing or placing
the latter in reasonable fear of physical or
emotional harm or damage to his property;
creating a hostile environment at school for the
other student; infringing on the rights of the
other student at school; or materially and
substantially disrupting the education process or
the orderly operation of a school; such as, but
not limited to, the following:
Bullying (RA 10627)

36. DUTIES AND
RESPONSIBILITIES OF
SCHOOLS
 Ensure the institution of effective child protection policies
and procedures and monitor compliance thereof;
 Adopt a child protection policy, and organize and convene
the Child Protection Committee (CPC) of the school;
 Conduct the capacity building activities for the members
of CPC and Guidance Counselors/Teachers;
 Ensure that the participatory and other rights of children
are respected and upheld in all matters and procedures
affecting their welfare;
 Coordinate with appropriate offices, agencies or
instrumentalities for appropriate assistance and
intervention

37. CHILD PROTECTION COMMITTEE
 Composition:
 School Head/Administrator – Chairperson
 Guidance Counselor/ Teacher –Vice Chairperson
 Representative of the Teachers as designated by the
Faculty Club
 Representative of the Parents as designated by the
PTA
 Representative of pupils/students as designated by
the Supreme Student Council
 Representative from the Community as designated by
the Punong Barangay, preferably from the Barangay
Council for the Protection of Children

38. FUNCTIONS OF CPC’S
 Information dissemination programs;
 Establish a system for identifying students who
may be suffering from significant harm;
 Monitor the implementation of positive measures;
 Ensure that the children’s right to be heard are
respected and upheld in all matters and
procedures affecting their welfare;
 Accomplishment of Intake Sheet.

39. PREVENTIVE
MEASURES:
CAPACITY BUILDING OF SCHOOL OFFICIALS,
PERSONNEL, PARENTS & STUDENTS
Strategies:
 Conducting sessions, trainings and
seminars on positive peer relationships and
enhancement of social and emotional
competence;
 Using training modules which include
positive and non-violent discipline in
classroom management and gender
sensitivity;
 Integrating and teaching children’s rights in
the classroom.

40. Procedure in Handling Bullying Cases in
School (IRR)
A. Immediate Responses
1. Attention of any shall be immediately called
2. The school personnel shall intervene, by:
i. Stopping the bullying or
retaliation immediately;
ii. Separating the students involved;
iii. Removing the victim or, in appropriate
cases, the bully or offending student, from
the site;
iv. Ensuring the victim’s safety
v. Bringing the bully to the Guidance Office or
the designated school personnel.

41. Procedure in Handling Bullying Cases in School
(IRR)
B. Reporting the Bullying Incident or
Retaliation
All bullying incidents or retaliation shall be
immediately reported to the teacher,
guidance counselor or any person designated
to handle bullying incident.
Intake Sheet, as provided in DepEd Order No.
40, s. 2012, shall be filled up.
The school head or the designated school
personnel shall inform the parents or guardian
of the victim and the bully about the incident.

42. C. Fact - Finding and Documentation
The school administrator or school head,
guidance counselor/teacher, or person
designated to handle bullying incidents shall:
1.Separately interview in private the bully or
offending student and the victim.
2.Determine the levels of threats and develop
intervention strategies.
Procedure in Handling Bullying Cases in
School (IRR)

43. C. Fact - Finding and Documentation
3.Inform the victim and the parents or
guardian of the steps to be taken to prevent
any further acts of bullying or retaliation;
and
4.Make appropriate recommendations to the
Child Protection Committee on proper
interventions, referrals and monitoring.
Procedure in Handling Bullying Cases in
School (IRR)

44. D. Intervention
The CPC shall determine the appropriate
intervention programs for the victim, the bully
and bystanders. The School Head shall ensure
that these are provided to them.
Procedure in Handling Bullying Cases in
School (IRR)

45. E. Referral
Further assessment and appropriate
intervention measures,
th
e
school head or
the
CPC may refer the victims and the bully to
trained professionals outside the school, such as
social workers, psychologists, as may be
necessary.
Procedure in Handling Bullying Cases in
School (IRR)

46. F. Disciplinary Measures
 Bullying incidents or retaliation shall be
treated according to their nature, gravity
or severity and attendant circumstances.
 Punitive measures will be the last resort
Procedure in Handling Bullying Cases in
School (IRR)

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