For The Sake Lang May Masubmit

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 34

ZENAIDA A. SANGCOPAN, R.Ph.

, LPT, MAEpd
Child Protection Policy (CPP) Coordinator

SNIHAYA S. MARUHOM, Ph.D


School Head
Saduc Central Elementary School
TABLE OF CONTENTS
Page
Number

INTRODUCTION
Title Page i
Table of Contents ii

BODY
I. General Provisions 1
II. Guiding Principles 9
III. Duties and Responsibilities 10
IV. Preventive Measures to Address Child Abuse, 14
Exploitation, Violence, Discrimination, and
Bullying
V. Remedial Measures to Address Child Abuse, 15
Exploitation, Violence, Discrimination, and
Bullying
VI. Protection of Children-at-Risk and Children in 19
Conflict with the Law
VII. Intervention Programs for Children-at-Risk and 24
Children in Conflict with the Law
VIII Protection of Children in Armed Conflict 26
.
IX. Jurisdiction 28
X. Recording 28
XI. Reporting 28
XII. Referral and Assessment of Victims and 29
Offenders and Other Children
XIII Confidentiality of Records 29
.
XIV Criminal and Civil Liability 29
.
XV. Miscellaneous Provisions 29

ii
I. GENERAL PROVISIONS

Section 1. Short Title. This shall be known as the “Saduc Central


Elementary School Child Protection Policy.”

Section 2. Statement of Policy. The Saduc Central Elementary


School (SCES) recognizes that cases of abuse may arise as a result of the
difficult situations faced by teachers and other officials within and
outside the school.

SCES 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, SCES aims to ensure such special protection from all


forms of abuse and exploitation and care as is necessary for the child’s
well-being, considering the primary rights and duties of parents, legal
guardians, or other individuals who are legally responsible and exercise
custody over the child. It 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, SCES reiterates a zero-tolerance policy for any act of


child abuse, exploitation, violence, discrimination, bullying, and other
forms of abuse, and hereby promulgates this School Child Protection
Policy.

Section 3. Objectives. The Saduc Central Elementary School shall


aim:

a. To promote respect for the human rights of children from all forms
of abuse, exploitation, violence, discrimination, bullying, and other
conditions prejudicial to their development;

b. To consider the best interest of children, respecting their dignity as


human beings;

c. To recognize and respect of the rights of children; and

d. To guarantee protection under the Convention on the Rights of the


Children, and all other human rights treaties, other pertinent
international instruments and protocols ratified by the Philippines,
the rights guaranteed by the Philippine Constitution, and all
existing laws, rules, and regulations relevant thereto.

1
Section 4. Coverage. This Policy shall cover all the administrators,
faculty members, staff, students, and other constituents and stakeholders
of Saduc Central Elementary School.

Section 5. Definition of Terms. For the purpose of this Policy,


unless the context indicates otherwise:

A. “Bullied or Victim”- refers to any student who experiences the


acts of bullying or retaliation as defined by the Anti-Bullying Act of
2013.

B. “Bully”- refers to any student who commits acts of bullying as


defined by the Anti-Bullying Act of 2013.

C. “Bullying”- refers to 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 another 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:

1. Any unwanted physical contact between the bully and the


victim like punching, pushing, shoving, kicking, slapping,
tickling, headlocks, inflicting school pranks, teasing, fighting
and the use of available objects as weapons;

2. Any act that causes damage to a victim’s psyche and/or


emotional well-being;

3. Any slanderous statement or accusation that causes the


victim undue emotional distress like directing foul language
or profanity at the target, name-calling, tormenting and
commenting negatively on victim’s looks, clothes, and body;

4. “Cyber-bullying” or any bullying done through the use of


technology or any electronic means. The term shall also
include any conduct resulting to harassment, intimidation, or
humiliation, through the use of other forms of technology,
such as, but not limited to texting, email, instant messaging,
chatting, internet, social media, online games, or other
platforms or formats; and

2
5. Any other form of bullying as may be provided in the school’s
child protection or anti-bullying policy, consistent with the
Republic Act No. 10627 otherwise known as the Anti-Bullying
Act of 2013.

The term “bullying” shall also include:

1. “Social bullying”- refers to any deliberate, repetitive, and


aggressive social behavior intended to hurt others or to belittle
another individual or group.

2. “Gender-based bullying”- refers to any act that humiliates or


excludes a person on the basis of perceived or actual sexual
orientation and gender identity (SOGI).

D. “Bystander”- refers to any person who witnesses or has personal


knowledge of any actual or perceived acts or incidents of bullying
or retaliation.

E. “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 Order, the term also
includes pupils or students who may be eighteen (18) years of age
or older but are in school.

F. “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).

3
G. “Child-at-Risk or CAR”- refers to a child who is vulnerable to and
at risk of behaving in a way that can harm himself, herself, or
others, or vulnerable and at risk of being pushed and exploited to
come into conflict with the law because of personal, family, and
social circumstances such as, but not limited to, the following:

1. Being abused by any person through sexual, physical,


psychological, mental, economic or any other means, and the
parents or guardian refuse, are unwilling, or unable to provide
protection for the child;

2. Being exploited including sexually or economically;

3. Being abandoned or neglected, and after diligent search and


inquiry, the parents or guardians cannot be found;

4. Coming from a dysfunctional or broken family or being without a


parent or guardian;

5. Being out of school;

6. Being a street child;

7. Being a member of a gang;

8. Living in a community with a high level of criminality or drug


abuse; and

9. Living in situations of armed conflict.

Moreover, it may also refer to a child who has violated ordinances


enacted by local governments concerning juvenile status offenses such
as, but not limited to, curfew violations, truancy, parental disobedience,
anti-smoking and anti-drinking laws, as well as light offenses and
misdemeanors against public order or safety such as, but not limited to,
disorderly conduct, public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling, mendicancy,
littering, public urination, and trespassing.

H. “Child Protection”- refers to programs, services, procedures, and


structures that are intended to prevent and respond to abuse,
neglect, exploitation, discrimination, and violence against children.

I. “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

4
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:

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 material, 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 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.

J. “Child in Conflict with the Law or CICL”- refers to a child who


is alleged as, accused of, or adjudged as, having committed an
offense under Philippine Laws (Section 4 (e) RA No. 9344, as
amended).

K. “Children in School” – refers to a 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.

L. “Corporal Punishment”- refers to any 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:

1) Blows such as, but not limited to, beating, kicking, hitting,
slapping, or lashing, of any part of a child’s body, with or

5
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 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 or 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.

M. “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

6
Immunodeficiency Virus (HIV) 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.

N. “Diversion”- refers to an alternative, child-appropriate process of


determining the responsibility and treatment of a CICL on the basis
of his/her social, cultural, economic, psychological, or educational
background without resorting to formal court proceedings. (Sec. 4
(i), RA No. 9344, as amended).

O. “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.

P. “Intervention”- refers to programmatic approaches or systematic


social protection programs for children that are designed and
intended to:

1. Promote the physical and social well-being of the children;

2. Avert or prevent juvenile delinquency from occurring; and

3. Stop or prevent children from re-offending.

Q. “Learning Center”- refers to learning resources and facilities of a


learning program for out-of-school youth and adults.

R. “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 physical, sexual, or
psychological nature.

S. “Parents”- refers to biological parents, stepparents, adoptive


parents and the common-law spouse or partner of the parent.

T. “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

7
setting the long-term goals or impacts that teacher 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.

U. “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.

V. “School Personnel”- means the persons, singly or collectively,


working in a public or private school. They may be 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 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 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. “Service Provider” refers to any person who is not a teacher or


school personnel but who works in the school, such as, but not
limited to, security guards, canteen personnel, utility workers,
and transportation service personnel.

W. “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 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.

8
X. “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 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 physical, sexual, or psychological


nature that are prejudicial to the best interest of the child.

II. GUIDING PRINCIPLES

Section 6. Learners as Zones of Peace. Saduc Central Elementary


School adheres to the following principles:

9
a. Respect for the human rights of children from all forms of abuse,
exploitation, violence, discrimination, bullying, and other
conditions prejudicial to their development;

b. Consideration of the best interest of children, respecting their


dignity as human beings;

c. Recognition and respect of the rights of children; and

d. Guarantee protection under the Convention on the Rights of the


Children, and all other human rights treaties, other pertinent
international instruments and protocols ratified by the
Philippines, the rights guaranteed by the Philippine
Constitution, and all existing laws, rules, and regulations
relevant thereto.

Section 7. No Bangsamoro Child Shall be Left Behind. Saduc


Central Elementary School likewise adheres to the following Bangsamoro
policies for children:

a. Promote and protect the rights of all Bangsamoro children


guaranteed by the Constitution and all existing laws, rules, and
regulations;

b. Protect the rights of all children with disabilities who are in


schools or learning areas; and

c. Recognize the rights of students and learners from the


indigenous people’s group taking into consideration their
cultural sensitivity and unique practices.

Section 8. Responsive to the Unique Identity of the Bangsamoro


People. Saduc Central Elementary School also adheres to the following
policies outlining the unique identity of the Bangsamoro people:

a. Promote and adopt practices that are relevant and responsive to


the needs, ideals, and aspirations of the Bangsamoro People;
and

b. Affirm and strengthen the Bangsamoro People’s distinct


historical identity and long struggle to chart their destiny as a
people and their ambition to build a future where all can live
together in justice and in peace.

Section 9. Principle of Restorative Justice. Restorative justice


refers to a principle that requires a process of resolving conflicts with the
maximum involvement of the victim, the offender, and the community. It
seeks to achieve the following:

10
a. Reparation for the victim;

b. Reconciliation of the offender, the offended, and the community;

c. Reassurance to the offender that he/she can be reintegrated into


the society; and

d. Enhancement of public safety by activating the offender, the


victim, and the community in prevention strategies.

III. DUTIES AND RESPONSIBILITIES

Section 10. School. The Saduc Central Elementary School shall


have the following duties and responsibilities:

a. Ensure the institution and adoption of effective child protection


policies;

b. Adoption of a Student Code of Conduct to be followed by every


pupil, student, or learner while on school grounds, or when
travelling to and from school, or during school-sponsored activity,
and during lunch period, whether on or off campus;

c. Ensure that all pupils, students or learners, school personnel,


parents, guardians or custodians, and visitors and guests are made
aware of the school’s implemented child protection policy and
student code of conduct;

d. Organize and convene the Child Protection Committee for the


school;

e. Conduct the capacity building for the members of the school’s


Child Protection Committee;

f. Ensure that the participatory and other rights of children are


respected and upheld in all matters and procedures affecting their
welfare;

g. Conduct disciplinary proceedings in case of offenses committed by


pupils, students, or learners and maintain full records of the said
proceedings conducted;

h. Conduct the appropriate training and capability-building activities


on child protection measures and protocols;

i. Adopt a conflict resolution mechanisms that respect the rights of


indigenous peoples while upholding the rights of the child as
practically applicable in its locality;

11
j. Coordinate with the appropriate offices and other agency or
instrumentality, such as, but not limited to, Ministry of Social
Welfare and Development, appropriate government agencies or
non-governmental organizations, for appropriate assistance and
intervention, as may be required in the performance of its
functions;

k. Ensure that all incidents of abuse, exploitation, violence,


discrimination, and bullying are addressed in accordance with the
provisions of this Order.

Section 11. 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 responsibility shall apply to all authorized activities whether
inside or outside the premises of the school, entity, and institution.

Article 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 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;

12
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.

Section 12. 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 established through the


SCES’ Code of Conduct and this Child Protection Policy;

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; and

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


gender, ethnicity, religion, as well as everyone’s moral and
physical integrity.

Section 13. Establishment of Child Protection Committee. There is


hereby established an SCES Child Protection Committee.

A. The SCES Child Protection Committee shall be composed of the


following:

1. School Head/Administrator as the Chairperson of the


Committee;

2. Guidance Counselor as the Vice-Chairperson of the Committee;

3. Teachers Representative as designated by the Teacher’s


Association or Organization;

4. Parents Representative as designated by the Parents Teachers


and Community Association;

5. Pupils, students, and learners representative as designated by


the Supreme Student Council; and a

6. Representative from the Community as designated by the


Punong Barangay.

B. The Child Protection Committee shall perform the following


functions:

13
1. Draft a school code of conduct and a plan to ensure child
protection and safety, which shall be reviewed every three (3)
years;

2. Ensure that the school code of conduct adopted by the school


shall be fully implemented and equally applicable to all;

3. Initiate information dissemination programs and organize


activities for the protection of children from abuse, exploitation,
violence, discrimination, and bullying;

4. Conduct awareness-raising programs with school stakeholders


in preventing all forms of child abuse, exploitation, violence,
discrimination, and bullying in schools;

5. Develop and implement a school-based referral and monitoring


system;

6. Establish a system for identifying students who may be suffering


from significant harm based on any physical, emotional, and
behavioral signs;

7. Identify, refer and, if appropriate, report to the appropriate


offices cases involving child abuse, exploitation, violence,
discrimination, and bullying;

8. Give assistance to parents or guardians, whenever necessary in


securing expert guidance counseling from the appropriate
offices or institutions;

9. Coordinate closely with the appropriate partner government


agencies and non-governmental organizations (NGOs), as may
be appropriate;

10. 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;

11. Make the necessary referrals to appropriate agencies, offices,


or persons, as may be required by the circumstances; and

12. Ensure that the children’s right to be heard are respected


and upheld in all matters and procedures affecting their welfare.

IV. PREVENTIVE MEASURES TO ADDRESS CHILD ABUSE,


EXPLOITATION, VIOLENCE, DISCRIMINATION, AND
BULLYING

14
Section 14. Capacity Building of School Officials, Personnel,
Parents, and Students. Saduc Central Elementary School shall build the
capacities of the school officials, personnel, parents, and their students
or learners to understand and deal with child abuse, exploitation,
violence, discrimination, and bullying by conducting sessions, trainings,
and seminars on positive peer relationship and enhancement of social
and emotional competence.

They shall include trainings on 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-
Community Association (PTCAs);

2. Capacity building programs for school administrators, teachers,


and non-academic personnel focused on children’s rights, child
development and positive and non-violent approaches in teaching
and classroom management, to enable them to incorporate positive
discipline messages in 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.

15
V. REMEDIAL MEASURES TO ADDRESS CHILD ABUSE,
EXPLOITATION, VIOLENCE, DISCRIMINATION, AND
BULLYING

Section 15. Procedures in Handling Child Abuse, Exploitation,


Violence, and Discrimination. The following procedures shall be adapted
by the Saduc Central Elementary School in handling child abuse,
exploitation, violence, and discrimination:

A. Prohibited Acts

The following acts 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. Child exploitation;
3. Discrimination, in any form, against children;
4. Violence against children in schools or learning centers;
5. Use of corporal punishments; and
6. Any analogous or similar acts.

B. Investigation and Reporting

The conduct of investigation and reporting of cases of child


abuse, exploitation, violence, and discrimination, shall be done
expeditiously, as herein provided.

1. The School Head or the Schools Division Superintendent, upon


receipt of the Complaint, shall forward the same, within forty-
eight (48) hours, to the Minister being the proper Disciplining
Authority through the Legal Services and Legislative Liaison
Division, 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.

2. If a complaint is not sufficient in form, the concerned School


Head, Schools Division Superintendent, or the Minister 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.

3. The conduct of a fact-finding investigation shall be based in


accordance with the Revised Rules on Administrative Cases in
the Civil Service (RRACS).

16
4. Pending investigation, upon referral of the School
Principal/Head or the Guidance Counselor/Teacher, the Local
Social Welfare and Development Officer (LSWDO) of the
concerned local government unit shall assess the child and
provide psycho-social 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 psycho-
social intervention if such is warranted.

5. 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
formal 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.

6. The respondent may file a Motion for Reconsideration with the


Minister or may elevate the same to the Civil Service
Commission by way of an Appeal within fifteen (15) days from
receipt thereof.

7. 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
following the procedures as provided for by the Commission.

8. The Schools Division Superintendent shall periodically monitor


and keep a record of all reported child abuse cases and submit a
final consolidated division report to the office of the Legal
Services and Legislative Liaison Division.

9. 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 or personnel.

10. The office of the Legal Services and Legislative Liaison


Division shall compile the division reports and submit an annual
report to the Minister.

Section 16. Procedure in Handling Bullying Incidents in Schools


or in Learning Centers. Saduc Central Elementary School shall adopt
procedures that include:

17
a. Immediate Responses

1. The victim or anyone who witnesses or has personal knowledge


of a bullying incident or retaliation shall immediately call the
attention of any school personnel.

2. The school personnel who were notified of a bullying incident or


retaliation 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, by:
 Determining and addressing the victim’s immediate
safety needs; and
 Ensuring medical attention, if needed, and securing
a medical certificate, in cases of physical injury.
v. Bringing the bully to the Guidance Office or the
designated school personnel.

b. Reporting the Bullying Incident or Retaliation

1. A victim, or anyone who witnesses or has personal knowledge of


a bullying incident or retaliation, or a school personnel who
receives information of a bullying incident or retaliation, shall
report the same to the teacher, guidance coordinator or
counselor or any person designated to handle bullying incidents.

2. The bullying incident or retaliation shall be immediately


reported to the school head. The designated school personnel
shall fill up the Intake Sheet as provided herein. The school head
or the designated school personnel shall inform the parents or
guardian of the victim and the bully about the incident.

3. If an incident of bullying or retaliation involves students from


more than one school, the school that was first informed of the
bullying incident or retaliation shall promptly notify the
appropriate administrator or school head of the other school so
that both schools may take appropriate action.

4. Reports of incidents of bullying or retaliation initiated by


persons who prefer anonymity shall be entertained, and the
person who reported the incident shall be afforded protection
from possible retaliation. Provided, however, that no disciplinary
administrative action shall be taken against an alleged bully or
offending student solely on the basis of an anonymous report
and without any other evidence or proof.

18
c. Fact-finding and Documentation

The school administrator, principal or school head, or


guidance counselor/teacher, or school personnel or person
designated to handle bullying incidents shall:

1. Separately interview in private the bully or offending student


or learner and the victim;

2. Determine the levels of threats and develop intervention


strategies. If the bullying incident or retaliation or the
situation requires immediate attention or intervention, or the
level of threat is high, appropriate action shall be taken by
the school within twenty-four (24) hours from the time of the
incident;

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 SCES Child


Protection Committee on proper interventions, referrals, and
monitoring.

d. Intervention

The SCES Child Protection Committee shall determine the


appropriate intervention programs for the victim and the bully.
The School Head shall ensure that these are provided to them.

e. Referral

The school head or the SCES Child Protection Committee


may refer the victims and the bully to trained professionals
outside the school, such as social workers, guidance counselors,
psychologists, or child protection specialists, for further
assessment and appropriate intervention measures, as may be
necessary. The school head or the designated school personnel
shall notify the Women and Children’s Protection Desk (WPCD)
of the local Philippines National Police, if he/she believes that
appropriate criminal charges may be pursued against the bully
or offending student.

f. Disciplinary Measures

All public and private schools and learning centers shall


include in the school’s child protection policy a range of
disciplinary administrative actions that may be taken against the
perpetrator of bullying or retaliation.

19
Bullying incidents or retaliation shall be treated according to
their nature, gravity or severity and attendant circumstances.

1. The school head, considering the nature, gravity or severity,


previous incidents of bullying or retaliation and attendant
circumstances, may impose reasonable disciplinary measures
on the bully or offending student that is proportionate to the
act committed;

2. Written reprimand, community service, suspension,


exclusion, or expulsion, in accordance with the existing rules
and regulations of the school or of the MBHTE BARMM for
public schools, may be imposed, if the circumstances warrant
the imposition of such penalty, provided that the
requirements of due process are complied with;

3. In addition to the disciplinary sanction, the bully shall also be


required to undergo an intervention program which shall be
administered or supervised by the SCES Child Protection
Committee. The parents of the bully shall be encouraged to
join the intervention program.

g. Due Process

In all cases where a penalty is imposed on the bully or


offending student or learner, the following minimum
requirements of due process shall be necessarily complied with:

a. The student and the parents or guardians shall be informed


of the complaint in writing;

b. The student shall be given the opportunity to answer the


complaint in writing, with the assistance of the parents or
guardian;

c. The decision of the school head shall be in writing, stating


the facts and the reasons for the decision; and

d. The decision of the school head may be appealed to the


Division Office.

h. False or Malicious Accusation of Bullying

If the student or learner, after an investigation, is found to


have knowingly made a false or malicious accusation of bullying,
the said student or learner shall be subjected to disciplinary actions
or to appropriate interventions.

20
VI. PROTECTION OF CHILDREN-AT-RISK AND CHILDREN IN
CONFLICT WITH THE LAW

Section 17. Procedure in the Management of Children-at-Risk


(CAR). The following procedures shall be adapted by the Saduc Central
Elementary School in dealing with children-at-risk:

A. Children at Risk of Committing Criminal Offense

1. Reporting and Gathering of Information

Reporting of children at risk of committing criminal offenses


because of personal, family, and social circumstances shall be
the responsibility of any school personnel, teaching and non-
teaching, or any member of the community who has the
knowledge thereof. He or she shall immediately refer the
information to the guidance counselor or guidance teacher.
Upon receipt of such information, the guidance counselor or
guidance teacher shall gather relevant information about the
child, including his/her family background for validation
purposes.

2. Profiling and Initial Risk Assessment

Based on the relevant information gathered, the guidance


counselor or guidance teacher shall assess the child at risk.

3. Development of Intervention Plan

Based on the data gathered and risk assessment conducted, the


guidance counselor or guidance teacher shall:

a. Inform the school head/principal about the CAR;


b. Call the parent or guardian for a case conference;
c. Draft an appropriate intervention plan consented to by the
CAR, his/her parent/guardian, including the therein
indicators of success or improvement;
d. Report to the school head/principal the agreed intervention
plan; and
e. When necessary, the Child Protection Committee shall prove
support.

4. Implementation

The school head/principal shall ensure that the intervention plan


made during the case conference shall be implemented.

5. Monitoring

21
The guidance counselor or guidance teacher shall monitor the
implementation of the intervention plan and the progress of the
CAR based on the agreed indicator of improvement or success
as a result of the intervention plan. The guidance counselor or
guidance teacher shall also submit a written report to the
Schools Division Office, through the school head/principal.

6. Termination

The intervention for the CAR shall only be terminated by the


school head/principal upon recommendation of the guidance
counselor or guidance teacher.

In all stages of the process, the school head/principal shall be duly


informed of the cases and actions taken involving the Children-at-Risk.

B. Children-at-Risk with Status Offense Violation

When a CAR has violate local ordinances concerning juvenile status


offenses such as, but not limited to, curfew violations, truancy,
parental disobedience, anti-smoking and anti-drinking laws, or has
committed light offenses and misdemeanors against public order or
safety such as, but not limited to, disorderly conduct, public scandal,
harassment, drunkenness, public intoxication, criminal nuisance,
vandalism, gambling, mendicancy, littering, public urination, and
trespassing, the child shall be subjected to the following:

1. Intervention programs, such as counselling, attendance in group


activities for CAR, and for the parents, attendance in parenting
education seminars; and

2. Restorative justice procedure shall be conducted by the Child


Protection Committee acting as Restorative Justice Panel as
follows:

a. Anybody who witnesses or has direct knowledge of the incident


will report to the guidance counselor or guidance teacher or to a
member of the CPC;

b. When appropriate and after consent is given by the victim, the


offender and their respective parents, a Restorative Justice
Panel shall be convened with the member of the LSWDO;

c. Family Group Conferencing shall be conducted by the


Restorative Justice Panel to come up with an agreement. This is
to repair the harm done by the CAR to his/her victim and to the
community and when appropriate, to include the intervention
plan for the offender and the victim; and

22
d. The Restorative Justice Panel and a member of the LSWDO will
monitor the implementation of the agreement and the
intervention plan.

Section 18. Procedure in Managing Children in Conflict with the


Law (CICL)

This procedure shall not cover students who are eighteen (18)
years of age and above and are still in school unless documents are
submitted showing that they 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.

A. Offenses Committed in School

1. When a pupil/student commits a serious offense punishable


under special laws or under the Revised Penal Code, the school
head/principal with the assistance of the guidance counselor or
guidance teacher shall report the case immediately to the law
enforcement officer and refer the case to the LSWDO for
appropriate action.

However, before the referral, the following procedures shall be


strictly observed:

a. Properly identify oneself and present proper identification to


the child;
b. Immediately notify the child’s parents or guardians, and the
LSWDO about the incident;
c. Explain to the child, in simple language and in a language or
dialect the child can understand, the reason for the report,
and the referral to the proper authorities; and
d. The notification and transfer of the physical custody of the
child to the parents and LSWDO shall be made immediately.

2. Children above 12 years of age up to 15 years of age who are


exempt from criminal responsibility and who commit a serious
crime, shall be deemed a “neglected child” under Presidential
Decree No. 603, and shall be mandatorily placed in a special
facility within the youth care facility or Bahay Pag-asa called the
Intensive Juvenile Intervention and Support Center.

Serious crimes are limited to the following:

a. Parricide;
b. Murder;
c. Infanticide;
d. Kidnapping and serious illegal detention where the victim is
killed or raped;

23
e. Robbery with homicide or rape;
f. Destructive arson;
g. Rape;
h. Carnapping where the driver or occupant is killed or raped;
and
i. Offenses under Republic Act No. 9165 otherwise known as
the Comprehensive Dangerous Drugs Act of 2002, punishable
by more than twelve (12) years of imprisonment.

3. Immediate referral to the LSWDO of the LGU where the offense


was committed or to a MSWD social worker, in the absence of
LSWDO, shall be made by the school head/principal for cases of
children above 12 years up to 15 years of age, who have
committed: 1) serious crimes as above enumerated; 2) reported
for repetition of offenses; and 3) found to be abandoned,
neglected, or abused by his/her parents.

4. When the pupil/student who are 15 years of age and below and
the offense committed does not fall under the above
enumerated, the Restorative Justice Procedure shall be applied.

5. When the pupil/student who commits an offense is above 15


years but below 18 years of age and there is no complainant or
victim and the parents or guardians do not want to go through
the standard procedures as provided, the restorative justice
procedure may likewise be applied. Provided further, that a
written consent of the victim and the parents or guardians is
submitted to the school head/principal.

6. When an incident involves an offense under RA 9165 otherwise


known as the Comprehensive Dangerous Drugs Act of 2004,
teachers or school employees or anybody who discovers or finds
that any person in the school or within its immediate vicinity has
violated any provisions under RA 9165, shall report the incident
to the school head/principal or immediate superior, who shall in
turn, report the matter to the proper authorities.

B. CICL Undergoing Diversion Program

1. If a CICL has been placed under a diversion program pursuant


to RA 9344 or the juvenile Justice and Welfare Act of 2006, and
the diversion plan includes an education component, the
Barangay Child Protection Committee (BCPC) or the Local Child
Protection Committee (LCPC) with the LSWDO and/or the
Division Guidance Supervisor or designated Division
Coordinator shall endorse the child and the diversion plan to the
school.

24
2. Upon receipt of the diversion plan, the school head/principal,
guidance counselor or guidance teacher and teacher-adviser
shall hold a meeting with the parents of the CICL to discuss how
the diversion plan shall be implemented. The principal shall
ensure that the responsibilities of the school under the plan are
complied with.

3. A report on the implementation of the diversion plan shall be


submitted by the school head/principal to the BCPC or LCPC,
LSWDO and the SDO through the Division Guidance Supervisor
or designated Division Coordinator for guidance and counseling.

4. Confidentiality shall be observed in handling reports to avoid


labelling and discrimination of the CICL in the process.
Moreover, it is the duty of all concerned school personnel and all
those who will come in contact with the CICL in the school to
ensure that his/her rights are always upheld during the
implementation of the intervention plan.

C. CICL in Bahay Pag-asa, Detention, and Other Rehabilitation


Center

CICL have the right to education even while in detention.


Agencies operating detention facilities, youth homes, or
rehabilitation shall coordinate with the Schools Division Offices
within its locality, for the provision of education for CICL.
Education-related interventions shall be provided to the CICL
whichever is best suited to the CICL’s needs and situation.

D. Former CICL Who are Out of School

Children in conflict with the law have a continued right to


education and may return to school through regular employment or
through Alternative Learning System (ALS) after periods of
confinement. The Division Guidance Supervisor or its designated
Division Coordinator shall facilitate the return of the former CICL
to formal school or enrolment in ALS or other alternative learning
schemes if he or she so desires.

VII. INTERVENTION PROGRAMS FOR CHILDREN-AT-RISK


AND CHILDREN IN CONFLICT WITH THE LAW

Section 19. Primary Level Interventions. Primary level


interventions include general measures to promote social justice and
equal opportunity, which tackle the perceived root causes of offending.
These shall include programs on advocacy, and socio-economic, health
and nutrition, training and education services which shall be provided in
collaboration with the family and the community where the child lives.

25
Intervention and program models are aimed at reducing
delinquency among pupils/students, including learners and out-of-school
youth under the Alternative Learning System (ALS) and Alternative
Delivery Mode of the Ministry. These include strategies which will
prevent the development of the children into adult criminals at the onset
and thus reduce crime.

In this regard, the following activities are geared toward


information and prevention campaigns against violence and risky
behavior which also integrate the primary interventions provided in the
Comprehensive National Juvenile Intervention Program:

A. Youth Formation Development (YFD) Programs which shall engage


young people in proactive and constructive activities geared
towards developing their strengths and character;

B. Parent-Child Integration Program which allows family encounter


and bonding. Parents are led to be more involved in their children’s
schooling in the process;

C. School-wide behavior management program using positive


discipline and non-violent approach to student discipline concerns;

D. Value formation activities and life skills training for the children;

E. Health services; and

F. Seminars, workshops, and trainings that promote awareness on the


ill-effects of risky behavior, that enhance parent effectiveness skills,
that develop coping or adjustment skills among children/youth and
that explore venues that provide for home-school-community
collaboration to achieve the goal of the primary intervention.

Section 20. Secondary Level Interventions. Secondary level


interventions are preventive and protective in nature. These are
strategies that assist the child identified as at risk to prevent him/her
from committing an offense. Interventions are needs-specific and age-
appropriate to the CAR, which will lead the child back to his/her
expected development course. Active involvement of the family, including
the community, is essential at this level to ensure better results.

A. The initial identification of CAR shall be conducted by the guidance


counselor or guidance teacher and come up with the profile of the
pupil/student. However, where appropriate, the child shall be
referred to the proper government agency or non-government
organization where a psychologist, psychiatrist, or social worker
may conduct professional assessment.

26
B. The recommended intervention plan developed by the guidance
counselor or guidance teacher, in cooperation with the school’s
Child Protection Committee and other stakeholders, should be
responsive to the needs of the child and based on individual
assessment. It includes, but shall not be limited to, the following:

1. Guidance counselling;
2. Peer counselling;
3. Behavior Management Program, such as anger management and
conflict resolution;
4. Parenting skills training or parent effectiveness seminar;
5. Home visitation service;
6. Mentoring program;
7. After-school activities, such as remedial classes, and extra-
curricular activities;
8. Referral of children with special needs to other service-
providers such as DSWD, Child Protection Unit, NGOs; and
9. Other interventions which may be provided by the local
government in cases of violation of the local ordinances.

C. In addition, the CAR and his or her family may be referred to LGU
and NGO service-providers to allow them to participate in and
access the following secondary interventions:

1. Youth organization, Faith-based Organization, and Children


Association/ Federation;
2. Psychosocial intervention such as group/individual sessions by
the social worker with CAR;
3. Involvement of former CICL in self-help groups as advocates;
4. Family therapy for the family of CAR;
5. Programs involving foster families;
6. Special Drug Education Centers;
7. Family Drug Abuse Prevention Program; and
8. Birth Registration in barangays.

Section 21. Tertiary Level Interventions. Tertiary level


interventions are remedial in nature and are specifically focused on the
CICL. These interventions aim to repair the damage created as a result of
his or her offense, restore the child’s wellbeing, and prevent re-offending.

A. Interventions at the tertiary level are necessary to respond to


circumstances where a child is at serious risk of or is being abused,
exploited, neglected, or harmed in any way. These include
measures to avoid unnecessary contact with the formal justice
system and other measures to prevent re-offending, such as:
diversion programs, rehabilitation, reintegration, and aftercare
services.

27
B. The LSWDO will conduct an assessment to develop the specific
intervention plan for the CICL. The school head and the guidance
counselor or guidance teacher shall ensure the strict
implementation of the education component of the individualized
intervention plan prepared for the CICL. Likewise, the school shall
at all times guarantee that education is provided and available for
CICL through various learning schemes such as, but are not limited
to:

1. Alternative Learning System (ALS);


2. Alternative Delivery Mode (ADM);
3. Open High School Program (OHSP);
4. Home Study Program;
5. Distance Education Program;
6. Accreditation and Equivalency Program;
7. Flexible Learning Option; and
8. Modified In-School Off-School Approach.

VIII. PROTECTION OF CHILDREN IN ARMED CONFLICT

Section 22. Grave Child Rights Violations (GCRV). Grave child


rights violations (GCRV) are offenses committed against children that
constitute flagrant violations of their human rights and have severe
consequences in their lives. These offenses include the following:

A. Killing of Children – Killing includes any action that results to


the death of one or more children. It may also refer to acts of all
kinds in the context of armed conflict that result in the death of
one or more children. Among others, they include the death of
children as a result of direct targeting or as the indirect result
of, among others, the use of landmines, cluster munitions, and
all forms and types of improvised explosive device (IED).

B. Maiming of Children – Includes any action that results to


permanent or debilitating injury, defacing, scarring, and
mutilation to one or more children. It shall cover intentional
maiming of children where they are directly targeted, and
casual maiming of children as the indirect result of, among
others, the use of landmines, cluster munitions, and all forms
and types of IED.

C. Recruitment and Use of Children – Recruitment includes acts


of voluntary, compulsory, or forced conscription or enlistment to
any armed force or armed group. The use of children in the
context of armed conflict includes the use of minors in any
capacity, such as, but not limited to fighters, cooks, porters,
messengers, sexual slaves, or spies. This violation also includes
cases of “labelling” or “associating” a child with an armed group
or force.

28
D. Rape and Grave Sexual Violence of Children – This violation
includes acts of sexual violence such as rape, enforced
sterilization, forced prostitution, forced marriage, or pregnancy,
as well as sexual slavery. Rape refers to the crime of rape as
defined in the Revised Penal Code.

E. Abduction of Children – This refers to the unlawful seizure,


apprehension, taking in custody, detention or capture of one or
more children either temporarily or permanently by force, threat
of force or coercion, or deception for the purpose of any form of
exploitation of such children in the situation of armed conflict.
Abduction includes kidnapping, hostage-taking, illegal
detention, of any child in the context of armed conflict.

F. Denial of Humanitarian Access – This refers to the


intentional barring by physical force or administrative barriers
of humanitarian aid, supplies, services, and personnel, into and
out of an affected area.

Section 23. Procedure in Reporting Cases of Grave Child Rights


Violations. The Monitoring, Referral, and Response System (MRRS) acts
as the monitoring arm for the Children in Armed Conflict (CIAC). Its
primary objective is to protect children in situations of armed conflict by
preventing the occurrence of grave child rights violations and ensuring
the provision of appropriate and timely response in the event of such
violations.

The Ministry, as part of the MRRS, is tasked to gather, report, and


monitor incidences of GCRVs and ensure the provision of education
interventions and services to children in armed conflicts.

Section 24. Reporting Mechanism. School heads or any teaching


or non-teaching school personnel who have information on incidents of
GCRVs are mandated to report.

All reports must be submitted within twenty-four (24) hours from


the time the incident occurred to the Office of the Minister through the
Legal and Legislative Liaison Division.

The report shall indicate the following information:

1. Source Data
a. Name of Reporting Party
b. Agency
2. Event Information
a. Source of information’
b. Date and time of incident
c. Location

29
d. Number of children affected
e. Names and ages of affected children
f. Name of armed group or forces involved
3. Short description of the incident.

IX. JURISDICTION

Section 25. Exclusive Jurisdiction of the Ministry. Complaints of


child abuse, exploitation, violence, discrimination, and bullying shall be
within the exclusive jurisdiction of the Ministry through the public
schools or the private schools, as the case may be, and shall not be
brought for amicable settlement before the Barangay, subject to existing
laws, rules, and regulations. Complaints for acts covered by other laws
shall be referred to the appropriate authorities.

X. RECORDING

Section 26. Recording. The data on the number of cases of child


abuse, exploitation, violence, discrimination, and bullying and the
action/s taken by the Saduc Central Elementary School shall be recorded
and properly documented consistent with this guideline. Detailed
information of all the procedures and actions taken, such as intervention
programs, shall be faithfully and accurately recorded for the purpose of
ensuring the correct application of the provisions of the law, rules, and
regulations.

XI. REPORTING

Section 27. Reporting. All proceedings in handling cases of child


abuse, exploitation, violence, discrimination, and bullying recorded by
the school shall be reported by the school head/principal to their
respective Schools Division Offices on a quarterly basis. This shall also
include cases involving CAR and CICL in schools.

The SDO concerned shall consolidate the reports of all the schools
within the Division and submit an annual consolidated report to MBHTE
BARMM- Central Office through the Legal Services and Legislative
Liaison Division.

An annual report of recoded cases of child abuse, exploitation,


violence, discrimination, and bullying as well as cases of CAR and CICL
in schools shall be prepared by the Legal Services and Legislative Liaison
Division to submitted to the Office of the Minister.

XII. REFERRAL AND ASSESSMENT OF VICTIMS AND


OFFENDERS AND OTHER CHILDREN

Section 28. Referral and Assessment. In all recorded cases


involving child abuse, exploitation, violence, discrimination, and bullying,

30
Saduc Central Elementary School, through its SCES Child Protection
Committee, shall accomplish a detailed report of the incident. The same
shall be used and may refer the victims and offenders to the LSWDO for
assessment. The LSWDO shall determine the appropriate intervention.

The School Head/Principal, with the aid of the assigned guidance


counselor or guidance 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/Principal may also refer to the LSWDO other


pupils, students or learners who are victims of abuse at home, children at
risk, children in conflict with the law, children with special needs, or
those who are exhibiting signs of aggressive behavior, with a view of
obtaining professional assessment, appropriate interventions and
assistance from competent service providers or authorities.

XIII. CONFIDENTIALITY OF RECORDS

Section 29. Confidentiality. The status of recorded cases of child


abuse, exploitation, violence, discrimination, and bullying as well as
cases of CAR and CICL in schools shall be kept highly confidential.
Records in school shall be solely under the custody of the guidance
counselor or guidance teacher and shall only be released upon the
expressed written consent of the child and his or her parents or guardian
or through a duly issued court order consistent with the provisions of the
Data Privacy Act.

Unauthorized disclosure of the confidential records of recorded


cases shall constitute an administrative offense and shall be dealt with
accordingly.

XIV. CRIMINAL AND CIVIL LIABILITY

Section 30. Criminal and Civil Liability. Any criminal or civil


liability arising from child abuse, exploitation, violence, discrimination,
and bullying are separate and distinct, and shall not be a bar to the filing
of an administrative case under this policy and guideline.

XV. MISCELLANEOUS PROVISIONS

Section 31. Separability Clause. Any part or provision of this


Policy which may be held invalid or unconstitutional shall not affect the
validity and effectivity of the other provisions.

Section 32. Repealing Clause. All prior Orders or Policies or other


issuances, or provisions thereof, which are inconsistent with this Policy
are hereby repealed, revised, or modified accordingly.

31
Section 33. Effectivity. This SCES Child Protection Policy shall
take effect immediately upon issuance.

ZENAIDA A. SANGCOPAN, R.Ph., LPT, MAEd


Guidance Counsellor, Saduc Central Elementary School
Child Protection Policy (CPP) Coordinator

SNIHAYA S. MARUHOM, Ph.D


Principal, Saduc Central Elementary School

32

You might also like