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LAWS ON

CHILD-PROTECTION
and
ANTI-BULLYING
ACT OF 2013

PRESENTED BY:
ATTY. MANILYN ROSE S. SOTELO
BACKGROUND ON STATE POLICIES
REGARDING CHILD RIGHTS AND
PROTECTION
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;

1987 Constitution, Article XV, Sec 3 (2)


BACKGROUND ON STATE
POLICIES…
The United Nations' Convention on the Rights
of the Child (commonly abbreviated as
the CRC, CROC, or UNCRC) is a human rights
treaty setting out the civil, political,
economic, social, health and cultural rights of
children. The Convention defines a child as
any human being under the age of eighteen,
unless the age of majority is attained earlier
under a state's own domestic.
[DEPARTMENT OF EDUCATION
ORDER NO. 40 SERIES OF 2012 ]
POLICY AND GUIDELINES ON
PROTECTING CHILDREN IN
SCHOOL FROM ABUSE,
VIOLENCE, EXPLOITATION,
DISCRIMINATION, BULLYING AND
OTHER FORMS OF ABUSE
(Dep Ed Order 40 s. 2012)
The Department of Education promotes
a zero-tolerance policy for any act of
child abuse, exploitation, violence,
discrimination, bullying and other
forms of abuse.
 "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.
 "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.
◦ "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.
◦ "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.
"Other Personnel" includes all other non-
academic personnel in the school, whatever may
be the nature of their appointment and status of
employment.
"Child Protection" - refers to programs, services,
procedures and structures that are intended to
prevent and respond to abuse, neglect, exploitation,
discrimination and violence.

"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.
"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:

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 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.
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.
"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.
“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.
"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
“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.
Principles
1. Schools shall be conducive to learning and
children shall have the right to education free
from fear;
2. All children shall be protected from all forms
of abuse and bullying to develop self-esteem
and self-confidence;
3. Schools shall advocate a positive and non-
violent mode of disciplining children to foster
self-discipline and to improve self-esteem;
4. Corporal punishment shall not be imposed on
any child in school for the purpose of
discipline, training or control;
5. School Heads shall take steps to prevent bullying
and ensure that the appropriate interventions,
counseling and other services, are provided for the
victims of abuse, violence, exploitation,
discrimination and bullying;
6. Pupils, students or learners shall respect the rights
of others and refrain from committing acts of
bullying and peer violence;
7. Parents shall be actively involved in all school
activities or events that raise awareness on
children's rights, positive discipline, and the
prevention of bullying;
8. Visitors and guest shall be oriented on the Child
Protection Policy.
9. All schools shall establish a Child Protection
Committee (CPC) which shall be composed of the
following members:
a. School Head/Administrator - Chairperson
b. Guidance Counselor/ Teacher - Vice
Chairperson
c. Representative of the Teachers as designated
by the Faculty Club
d. Representative of the Parents as designated by
the Parents-Teachers Association
e. Representative of pupils, students and learners
as designated by the Supreme Student Council
Representative from the Community as
designated by the Punong Barangay, preferably
a member of the Barangay Council for the
Protection of Children (BCPC).
9. All schools shall establish a Child Protection
Committee (CPC) which shall be composed of the
following members:
a. School Head/Administrator - Chairperson
b. Guidance Counselor/ Teacher - Vice
Chairperson
c. Representative of the Teachers as designated
by the Faculty Club
d. Representative of the Parents as designated by
the Parents-Teachers Association
e. Representative of pupils, students and learners
as designated by the Supreme Student Council
Representative from the Community as
designated by the Punong Barangay, preferably
a member of the Barangay Council for the
Protection of Children (BCPC).
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.
Section 15. - 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.

BASIC LAWS
PROTECTING CHILDREN
 R.A. 7610 – Child Abuse Law
 Revised Penal Code Provisions
 R.A.9231 - Special Protection of Children
Against child Abuse, Exploitation and
Discrimination Act
 R.A. 9262 – Violence Against Women and
Children
 R.A. 10627 - Anti – Bullying Act
[REPUBLIC ACT NO. 7610]

SPECIAL PROTECTION OF
CHILDREN AGAINST
CHILD ABUSE,
EXPLOITATION AND
DISCRIMINATION
(Anti Child Abuse Law)
TOPICS:
 Definitions
 Offensesagainst Children under
R.A. 7610
 What should be done?
CHILDREN
persons below 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.
 CHILD ABUSE -Refers to maltreatment,
whether habitual or not, of the child
which includes any of the following;
 Psychological and physical abuse,
neglect, cruelty, sexual abuse and
emotional maltreatment;
 Any act by deeds or words which
debases, degrades or demeans the
intrinsic worth and dignity of a child
as a human being;
 CHILD ABUSE -Refers to maltreatment,
whether habitual or not, of the child
which includes any of the following;
 Unreasonable deprivation of his
basic needs for survival, such as
food and shelter
 Failure to immediately give medical
treatment to an injured child
resulting in serious impairment of
his growth and development or in
his permanent incapacity or death
 Child Prostitution and other sexual
abuse
 Attempt to commit child prostitution
 Child Trafficking
 Attempt to commit child trafficking
 Child pornography and indecent shows
and publication
 Other Acts of Neglect, Abuse, Cruelty
or Exploitation and Other Conditions
Prejudicial to the Child’s Development
 Who are deemed to be children exploited
in prostitution and other sexual abuse?
 Children, whether male or female,
 Who for money, profit, or other
consideration or due to coercion or
influence of adult, syndicate or group
 Indulge in sexual intercourse or
lascivious conduct
 What is lascivious conduct?
 Means the intentional touching, either directly or
through clothing, of the genitalia, anus, groin,
breast, inner thigh, or buttocks; or any act of
lewdness;
 Done with force or intimidation, fraudulent
machination or grave abuse of authority; or where
the offended party is deprived of reason or
otherwise unconscious;
 With intent to abuse, humiliate, harass, degrade
the child, or arouse or gratify the sexual desire of
any person
 Bestiality, masturbation, lascivious exhibition of
the genitals or pubic area of a person
Who may be liable?
 Those who engage in, or promote, facilitate or induce
child prostitution which includes, but are not limited
to, the following:
 acting as a procurer of a child prostitute
 inducing a person to be a client of a child
prostitute
 taking advantage of influence or relationship to
procure a child as a prostitute
 threatening or using violence towards a child to
engage him as a prostitute
 giving monetary consideration/pecuniary benefit
 Penalty- Reclusion Temporal med-Reclusion Perpetua
 Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse.
 Penalty-same with Art. 335 and 336 of RPC except
if victim is under 12 yrs (Rec.Temp. med)
 Those who derive profit or advantage therefrom -
as manager or owner of the establishment where
the prostitution takes place/establishment serving
as cover or which engages in prostitution other
than activity it was licensed for.
 Penalty-Reclusion Temporal med-Reclusion
Perpetua
 Any person, 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 establishment, vessel,
vehicle or any other hidden or secluded area which
would lead a reasonable person to believe that the
child is about to be exploited in prostitution and
other sexual abuse.

 Any person, receiving services from a child in a


sauna parlor or bath, massage clinic, health club
and other similar establishments.
 Penalty- 2 deg.lower than that prescribed for the
consummated felony
 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.
 Penalty-Reclusion Temporal-Reclusion
Perpetua. If victim is under 12 years,
maximum period
 Allowing a child to travel alone to a foreign
country
 Pregnant woman’s execution of affidavit of
consent to adoption of unborn child for
consideration
 Recruitment of women or couples for child
bearing for purposes of child trafficking
 Simulation of birth by doctor, hospital, clinic
official, etc. for the purpose of child trafficking
 Finding children among low-income families,
hospitals etc. to sell
 Penalty- 2 deg. Lower from the consummated felony
 Any ascendant, guardian, or person entrusted
in any capacity with 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 medium.
 Any person who shall commit any other acts of
child abuse, cruelty or exploitation or be
responsible for other conditions prejudicial to the
child’s development including those covered by Art.
59 of PD 603, but not covered by the Revised
Penal Code
 Penalty- Prision Mayor Minimum
1. Conceals or abandons the child with intent to
make such child lose his civil status.
2. Abandons the child under such circumstances
as to deprive him of the love, care and protection
he needs.
3. Sells or abandons the child to another person for
valuable consideration.
4. Neglects the child by not giving him the
education which the family's station in life and
financial conditions permit.
5. Fails or refuses, without justifiable grounds, to
enroll the child as required by Article 72.
6. Causes, abates, or permits the truancy of the child
from the school where he is enrolled. "Truancy" as
here used means absence without cause for more than
twenty schooldays, not necessarily consecutive
7. It shall be the duty of the teacher in charge to report
to the parents the absences of the child the moment
these exceed five schooldays.
8. Improperly exploits the child by using him, directly or
indirectly, such as for purposes of begging and other
acts which are inimical to his interest and welfare.
9. Inflicts cruel and unusual punishment upon the child
or deliberately subjects him to indignation and other
excessive chastisement that embarrass or humiliate
him.
10. Causes or encourages the child to lead an
immoral or dissolute life.
11. Permits the child to possess, handle or
carry a deadly weapon, regardless of its
ownership.
12. Allows or requires the child to drive without
a license or with a license which the parent
knows to have been illegally procured. If the
motor vehicle driven by the child belongs to
the parent, it shall be presumed that he
permitted or ordered the child to drive.
 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.
 Exception:Person related within the fourth degree of
consanguinity or affinity or any bond recognized by law,
local customs and tradition or acts in the performance of a
social, moral or legal duty.
 Penalty- Prision Mayor maximum and fine of not less than
Php 50,000.00.
 Any person who shall induce or deliver or offer a minor to
anyone prohibited under R.A. 7610 as above described.
 Penalty-Prision Mayor Medium and fine of not less than
Php 50,00.00.

 Any person, owner, manager or one trusted with the


operation of any public or private place of accommodation,
whether for occupancy, food, drink, or otherwise, including
residential places, who allows any person to take along with
him such place or places any minor herein described.
 Penalty-Prision Mayor Medium and fine of not less than
Php 50,000.00
 Any person who shall use, coerce, force or
intimidate a street child or any other child to:
 beg or use begging as a means of living
 act as conduit or middleman in drug
trafficking or pushing
 conduct any illegal activities.

 Penalty- Prision Correccional Medium-Reclusion Perpetua


 When victim is under 12 years and for
purposes of this act, the penalties for
Murder, Homicide, other intentional
mutilation, Serious Physical Injuries-
Reclusion Perpetua.
 For Qualified Seduction, acts of
lasciviousness with consent, corruption of
minors, white slave trade- one degree
higher than that imposed by law.
FILE A COMPLAINT
 Who may file a complaint?
 Offended Party

 Parents or Guardians

 Ascendant or collateral relative within 3rd degree of


consanguinity
 Officer, social worker or representative of a licensed
child-caring institution
 Officer or social worker of the DSWD

 Barangay Chairman, or

 Three (3) concerned, responsible citizens where the


offense was committed
 Police
 Prosecutor’s Office
 Department of Social Welfare and
Development (DSWD)
 Protective Custody of the Child
(DSWD will be free from any administrative, civil or criminal
liability)
 Confidentiality
 Name of the offended party withheld from the public until the
court acquires jurisdiction
 Unlawful to cause undue and sensationalized publicity of any
case
 Special Court Proceedings
 Protection of victim from undue publicity (IRR)
records
 Expanded the definition of the crime of rape
to include sexual assault
 Reclassified rape as a crime against persons
 Added “fraudulent machinations or grave
abuse of authority” as a fourth mode of
committing rape under parag.1
 Considered demented persons statutory
rape
How rape is committed?:
 By a man who shall have carnal knowledge with a
woman under any of the following circumstances:
 through force, threat or intimidation
 when the offended party is deprived of reason or
otherwise unconscious
 by means of fraudulent machination or grave abuse of
authority
 when the offended party is under 12 or is demented,
even though none of the circumstances mentioned
above
How rape is committed?:
 By any person who, under any of the circumstances
mentioned in par. 1, shall commit an act of sexual
assault by inserting
 his penis into another’s mouth or anal orifice
 any instrument or object into the genital or anal orifice
of another person
 Acts of lasciviousness (Art. 336)
 offender commits any act of lasciviousness or
lewdness
 committed using force or intimidation; offended
party is deprived of reason or otherwise
unconscious; offended party is below twelve
(amended by RA 7610)
 Acts of lasciviousness with the consent of
the offended party
 offended party is a woman above 12 or under 18
 committed under the circumstances and by the
same circumstances under Arts. 337 and 388
 Qualified seduction
 offended party was a virgin at the time of the
commission of the offense
 offended party is over 12 but under 18
 offender had carnal knowledge
 offender is one of those persons enumerated
under Art. 337 par. 1 (a person in public authority,
a priest, house-servant, domestic, guardian,
teacher, or any person entrusted with the custody
or education if the woman)
 Note: consent or deceit not essential elements;
virginity refers to chaste character not physical
virginity
 Simple seduction
 offended party must be single or a
widow
 of good reputation (virginity not
essential)
 over 12 and under 18
 offender had carnal knowledge of her
 act was committed by means of deceit
 Corruption of minors
 how committed?
 Habitually promoting or facilitating the
prostitution or corruption of a minor of
either sex
 promoting or facilitating the prostitution or
corruption of a minor, the offender availing
of his authority over the minor, or acts with
abuse of confidence

 Note: habituality or abuse of authority is no


longer an element of the offense (BP 92)
 White Slave Trade
 how committed?
 By engaging in the business of prostitution
 By profiting by prostitution
 By enlisting the services of women for the
purpose of prostitution

 liability attaches: a) enlistment without


sharing in the profit; or b) sharing in the
profit without enlistment
 Forcible abduction
 the persons kidnapped must be a woman
(immaterial whether she is a widow, married
or virgin)
 committed against her will (except for those
under 12)(by means of deceit or violence)
 committed with unchaste designs, that is
with the intention of lying with the woman
(if w/o lewd designs, illegal detention; but if
forcibly taken to coerce her to marry him,
grave coercion)
[REPUBLIC ACT NO. 9262]
AN ACT DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS,
PRESCRIBING
PENALTIES THEREFORE, AND FOR
OTHER PURPOSES.

(Anti-Violence Against Women


and Their
Children Act of 2004)
TOPICS:
 WHAT IS THE ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004 OR REPUBLIC
ACT 9262?
 WHAT IS VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN OR “VAWC” UNDER THE LAW?
 WHO ARE PROTECTED UNDER THE LAW?
 WHAT ARE EXAMPLES OF ACTS THAT ARE
PUNISHABLE?
 WHAT CAN WOMEN AND CHILDREN WHO ARE
VICTIMS DO?
 WHO CAN FILE A CASE?
 WHAT IS A PROTECTION ORDER?
WHAT IS THE ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN ACT OF 2004
OR REPUBLIC ACT 9262?

It is the law penalizing acts of violence against


women and their children. These acts include
physical violence, sexual violence,
psychological violence and economic abuse
and committed by a woman’s husband, live-in
partner or dating partner.
WHAT IS VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN OR UNDER THE LAW ?
“any act or a series of acts committed by any
person against a woman who is his wife,
former wife, or against a woman with whom
the person has or had a sexual or dating
relationship, or with whom he has a common
child, or against her child whether legitimate
or illegitimate”, within or outside the family
residence, “which results in or is likely to
result in physical, sexual, psychological harm
or suffering, or economic abuse, including
threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.”
WHO ARE PROTECTED UNDER THE
LAW?
The law seeks to protect the woman and her
children. Children refers to the children of
the abused woman, below 18 years old,
legitimate or illegitimate, or those who are
18 years old and above but are incapable of
taking care of themselves, including
children who are not her biological children
but are under her care.
WHAT ARE EXAMPLES OF ACTS
THAT ARE PUNISHABLE?
 Physical abuse includes acts which inflicts
physical/bodily harm like battery.
 Economic abuse includes not giving adequate
financial support, controlling the conjugal money
or the woman’s own money.
 Psychological abuse includes marital infidelity,
repeated verbal abuse, public humiliation or
stalking.
 Sexual violence includes causing to make the
woman or her child to perform sexual acts or
prostituting the woman or her child.
WHAT CAN WOMEN AND CHILDREN
WHO ARE VICTIMS DO?
 Go to the police station and file a Criminal
Complaint.
 File a Criminal Complaint before the Office of the
Prosecutor.
 The law allows women and their children to a
secure barangay protection order (BPO) and/or
temporary or permanent protection order from
the courts (PPO or TPO).
TOPICS:
 WHAT IS THE ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004 OR REPUBLIC
ACT 9262?
 WHAT IS VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN OR “VAWC” UNDER THE LAW?
 WHO IS PROTECTED UNDER THE LAW?
 WHAT ARE EXAMPLES OF ACTS THAT ARE
PUNISHABLE?
 WHAT CAN WOMEN AND CHILDREN WHO ARE
VICTIMS DO?
 WHO CAN FILE A CASE?
 WHAT IS A PROTECTION ORDER?
WHAT IS A PROTECTION ORDER?
An Order which seeks to protect the woman and her
child from further abuse or violence.
 A Barangay Protection Order (BPO) can be obtained
from the barangay issued by the Punong Barangay,
or if unavailable, by a kagawad. (effective for 15
days)
 Another option is to apply for a Temporary
Protection Order (TPO) from the Family Court in her
place of residence, or if there is no Family Court, in
the RTC or the MTC. (effective for30 days)
 The victim can also apply for a Permanent Protection
Order (PPO) Issued by the family court or RTC, MTC,
MCTC which has territorial jurisdiction over the place
of residence of the petitioner . (effective until
revoked by the court)
FOR WHAT RELIEFS MAY
PROTECTION ORDERS BE ISSUED?
 Prohibit respondent from employing any
form of violence under this act;
 Prohibit respondent from harassing,
annoying, telephoning contacting or
communicating with the petitioner;
 Removal/exclusion of respondent from
petitioner’s residence;
 Directing respondent to stay away from
petitioner or household member;
 Directing lawful possession and use by
petitioner of automobile and other
personal effects;
 Granting custody of child/children to the
petitioner;
 Directing respondent to provide support to
the woman and/or her child if entitled to
legal support;
 Prohibit respondent from any use or
possession of any firearm or deadly weapon.
If offender is a law enforcement agent,
require him to surrender his firearm and
direct the appropriate authority to investigate
and take appropriate action on the matter;
and
 Recovery of actual damages caused by
violence.
[REPUBLIC ACT NO. 10627]
AN ACT REQUIRING ALL
ELEMENTARY AND SECONDARY
SCHOOLS TO ADOPT POLICIES TO
PREVENT AND ADDRESS THE
ACTS OF BULLYING IN THEIR
INSTITUTIONS

(Anti- Bullying Act of 2013)


TOPICS:
 Coverage of the law
 What is bullying?
 What are considered bullying?
 What should the school officials do?
 What should the students do?
 What should the parents do?
 Comparison with Anti-Child Abuse Law
This law covers
elementary and high
school students and
school officials ONLY
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
- Section 2, R.A. 10627
 any severe or repeated use by one
or more students of a
◦ written
◦ verbal
◦ electronic expression
◦ 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
- Section 2, R.A. 10627
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;

Any act that causes damage to a


victim’s psyche and/or emotional
well-being;
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; and

Cyber-bullying or any bullying done


through the use of technology or
any electronic means.
 Adopt policies to address the existence of bullying in
their respective institutions. These policies should
include:
 (A) PROHIBIT THE FOLLOWING ACTS:
 (1) Bullying on school grounds; property immediately
adjacent to school grounds; at school-sponsored or
school-related activities, etc. (ie: field trips)
 (2) Bullying at a location, activity, function or
program that is not school-related and through the
use of technology or an electronic device that is not
owned, leased or used by a school
 (3) Retaliation against a person who reports bullying
or who is a witness to who provides information
during an investigation of bullying, or who is a
witness to or has reliable information about bullying
or has reliable information about bullying
 (B) Identify the range of disciplinary
administrative actions that may be taken
against a perpetrator for bullying or retaliation
which shall be commensurate with the nature
and gravity of the offense
 (C) ESTABLISH CLEAR PROCEDURES AND
STRATEGIES FOR:
 (1) Reporting acts of bullying or retaliation;
 (2) Responding promptly to and investigating
reports of bullying or retaliation;
 (3) Restoring a sense of safety for a victim;
 (4) Protecting from bullying or retaliation of a
person who reports acts of bullying, provides
information during an investigation of bullying,
or is witness to or has reliable information about
an act of bullying; and
 (5) Providing counseling or referral to
appropriate services for perpetrators, victims and
appropriate family members of said students;
 (d) Enable students to anonymously report
bullying or retaliation (no student shall be
punished for such anonymous report alone)
 (e) Subject a student who knowingly makes
a false accusation of bullying to disciplinary
administrative action;
 (f) Educate students on the dynamics of
bullying, the anti-bullying policies of the
school as well as the mechanisms of such
school for the anonymous reporting of acts
of bullying or retaliation;
 (g) Educate parents and guardians about
the dynamics of bullying, the anti-bullying
policies of the school and how parents and
guardians can provide support and
reinforce such policies at home; and
 (h) Maintain a public record of relevant
information and statistics on acts of
bullying or retaliation in school (the names
and identity should be made confidential
and available only to officials and those
involved and their parents/guardians)
 All schools shall inform their respective
schools division superintendents in writing
about the anti-bullying policies formulated
within six (6) months from the effectivity of
this Act
 Sanction for Noncompliance. – In the rules
and regulations to be implemented
pursuant to this Act, the Secretary of the
DepED shall prescribe the appropriate
administrative sanctions on school
administrators who shall fail to comply with
the requirements under this Act. In addition
thereto, erring private schools shall
likewise suffer the penalty of suspension of
their permits to operate.
IF YOU FEEL LIKE BEING BULLIED
 Let someone know what is happening!!!
 It’s okay to ask for help
 Being bullied is not your fault!!
 Report the bullying to an adult (Parents,
Teachers, Guidance Counsellor, Principal,
Vice Principal)
 Incidents when you
 feel threatened
 witness someone else being threatened
 when you just know something is wrong
 Examples
◦ Physical actions
◦ Verbal threats
◦ Other students are in danger
◦ Student examples
IF YOU FEEL THAT YOUR FRIEND OR CLASSMATE
IS BEING BULLIED

 Don’t join in with the bullies


 Don’t just watch
 Say something- “Hey don’t do that to him.”
 Report Bullying to an adult
 Be a friend to a person being bullied
 Distract the bully so that he or she stops
 Teach kids to solve problems without using
violence and praise them when they do.
 Give children positive feedback when they
behave well to help their build self-esteem.
 Ask your children about their day and listen to
them talk about school, social events, their
classmates, and any problems they have. Many
kids are embarrassed to say they have
been bullied.
 If you see any bullying, stop it right away, even
if your child is the one doing the bullying.
 Support bully prevention programs in your
child's school. If your school doesn't have one,
consider starting one with other parents,
teachers, and concerned adults.
Anti-Bullying Act
 The victim is a high school or elementary
student
 The bully is likewise a student.
 Administrative in nature. The law requires the
school to provide policies and implement
anti-bullying measures.
 Bullying is 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
 Should be severe or repeated abuse.
Anti-Child Abuse Law
 The victim is a minor/below 18 years old
 The abuser may be parent, guardian, teacher
or person having care and custody of the
same.
 Criminal in nature. Violation of this law
would subject the abuser to penal sanctions
 "Child abuse" refers to the maltreatment,
whether habitual or not
Anti-Child Abuse Law
 The victim is a minor child below 18 years old
 The abuser may be parent, guardian, teacher or
person having care and custody of the same.
 Criminal in nature. Violation of this law would
subject the abuser to penal sanctions .
 "Child abuse" refers to the maltreatment,
whether habitual or not
Anti-Child Abuse Law
 "Child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following:
 (1) Psychological and 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 his 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 growth and development or in his permanent
incapacity or death.
VAWC
 The victim is women and their children
 The abuser MUST be: Husband or ex-husband,
Live-in partner or ex-live in partner, Boyfriend,
Ex-boyfriend, Dating partner or ex-dating
partner
 Criminal in nature. Violation of this law would
subject the abuser to penal sanctions .
 Physical, sexual, psychological harm or
suffering, or economic abuse including threats
of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty

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