CPAB Manual 2020

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Child Abuse Cases in SDO-Isabela

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Corporal Punishment/Physical Abuse Sexual Abuse Verbal/Psychological Abuse


Physical/Corporal Punishment Sexual Abuse Psychological/Verbal Abuse
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Section 1. Title – This Manual shall be
known as DepEd Isabela’s “Child
Protection and Anti-Bullying (CPAB)
Manual of 2020”.
Child – refers to any person below eighteen (18) year of age or those over
but unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation and discrimination because of a
physical or mental disability or condition (RA 7610). For purposes of this
policy, the term also includes learners, 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 entitled 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.
 
Child Protection – refers to programs, services, procedures and structures
that are intended to prevent and respond to abuse, neglect, exploitation,
discrimination, violence and other forms of abuse.
Child Abuse – refers to the maltreatment of a child, whether habitual or
not, which includes any of the following:
 
• Psychological or 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;

• Unreasonable deprivation of the child’s basic needs for survival,


such as food and shelter: or

• 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)
Discrimination against children – refers to an act of exclusion,
distinction, restriction of preference which is based on any
ground such as age, ethnicity, sect, sexual orientation and
gender identity, language, religion, political or other opinion,
national or social origin, birth, being infected or affected by
Human Immunodeficiency Virus (HIV) and Acquired
Immunodeficiency Syndrome (AIDS), being pregnant, being a
child in conflict with the law, being a child with disability or
other status or conditions, 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.
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 situation of manipulation,
misuse, abuse, victimization, oppression or ill-
treatment.
There are two (2) main forms of child exploitation that
are recognized:
 
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, and force,
abuse of authority, debt bondage, and fraud or
through abuse of a victim’s vulnerability;
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, 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. It includes, but is not limited to the following
acts:
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.
Sexual violence – refers to acts that are sexual in nature. It includes, but
is not limited to:
 
Rape, sexual harassment, acts of lasciviousness, making demeaning
and sexually suggestive remarks, physically attacking the sexual parts
of the victim’s body;
 
Forcing the child to watch obscene publications and indecent shows
or forcing the child to do indecent sexual acts and/or to engage or be
involved in, the creation or distribution of such films, indecent
publication or material; and
 
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.
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.
 
Other acts of violence of a physical, sexual or
psychological nature that are prejudicial to the best
interest of the child.
Corporal Punishment – refers to a kind of punishment or penalty imposed for an
alleged or actual offense, which is carried out or inflicted, for the purpose of
discipline, training or control, by a teacher, school administrator, an adult, or any
other child who has been given or has assumed authority or responsibility for
punishment or discipline. It includes physical, humiliating or degrading
punishment, including, but not limited to the following:

Blows such as, but not limited to, beating, kicking, hitting, slapping, or lashing,
of any part of a child’s body, with or without the use of an instrument such as,
but not limited to a cane, broom, stick, whip or belt;
 
Striking of a child’s face or head, such being declared as a “NO CONTACT
ZONE”;
 
Pulling hair, shaking, twisting joints, cutting or piercing skin, dragging,
pushing or throwing of a child;
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;
 
Deprivation of a child’s physical needs as a form of punishment;
 
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;
 
Tying up a child;
Confinement, imprisonment or depriving the liberty of a child;
 
Verbal abuse or assaults, including intimidation or threat of bodily
harm, swearing or cursing, ridiculing or denigrating the child;
 
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;
 
Permanent confiscation of personal property of pupils, students or
learners, except when such pieces of property pose a danger to the child
or to others; and
 
Other analogous acts.
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/her 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;
 
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
 
Any other form of bullying consistent with these
Manual.
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 as
defined in DepEd Order No. 42, series of 2012.

Social bullying – refers to any deliberate, repetitive and


aggressive social behaviour intended to hurt others or to
belittle another individual or group.
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).
SUBSTITUTE PARENTAL AUTHORITY
Art. 218 (FC). The school, its administrators and
teachers, or the individual, entity or institution
engaged in child care shall have special parental
authority and responsibility over the minor child
while under their supervision, instruction or
custody.
Authority and responsibility shall apply to all
authorized activities whether inside or outside the
premises of the school, entity or institution.
Art. 220. The parents and those exercising
parental authority shall have with the respect to
their unemancipated children on wards the
following rights and duties:
To keep them in their company, to support,
educate and instruct them by right precept and
good example, and to provide for their upbringing
in keeping with their means;
To give them love and affection, advice and
counsel, companionship and understanding;
xxx…
Art. 233. The person exercising
substitute parental authority shall have
the same authority over the person of the
child as the parents.
In no case shall the school
administrator, teacher of individual
engaged in child care exercising special
parental authority inflict corporal
punishment upon the child.
Positive and Non-Violent Discipline of Children – is a way
of thinking and 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.
ACTIVITY: CASE ANALYSIS
Question No.1.
 
Miss A, a Grade 7 teacher in BCD
National High School, have a live-
in relationship with a Grade 12
21-year old student of said school.
Is she liable for child abuse?
Question No. 2
 
A complaint for bullying was filed
by Mr. E against Student F when
the latter threw a bag of flour while
he was teaching in their class. Will
the bullying case prosper?
Question No. 3
 
Mrs. G took as her scholars her students H
and I. Students H and I lives with Mrs. G,
they help her with house chores, in return,
Mrs. G gave them school allowance, new
clothes, new school supplies and she even
treats them as her children. Is Mrs. G liable
for child abuse?
Question No. 4
 
Student J and K were fighting during their
break time. Mr. L, a school teacher, ran towards
them and separated the two, and accidentally,
Student J threw a punch towards Mr. L, and in
return, Mr. L punched Student J back. What
are the immediate responses and/or measure in
bullying incidents?
Question No. 5
 
In Question No. 4, Mr. L raised self-
defense as his defense for punching
Student J. Is the defense of self-defense
appreciated in child abuse cases?
Thank you all!

Be safe and stay safe!

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