Philippines Rights Guide
Child Expelled from School in the Philippines — Your Rights
DepEd Order 40 (2012) requires schools to follow a formal Student Discipline process before any expulsion. You have the right to appeal. Here is how.
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Direct Answer
DepEd Order No. 40, s. 2012 (Child Protection Policy) and DepEd rules require all public and private schools to follow a formal disciplinary process before expelling or excluding a student, including notice, investigation, and a hearing where the student and parents can present their side. You have the right to appeal to the DepEd Regional Office.
What the Law Says
Your Legal Foundation
DepEd Order No. 40 s. 2012 (Child Protection Policy)
Section 9
“Before a student is dismissed, suspended, or expelled, the school shall conduct an investigation in which the student has an opportunity to be heard, and parents or guardians shall be notified and given a right to participate.”
Republic Act 9155 (Governance of Basic Education Act)
Section 7
“The State shall establish and maintain a complete, adequate, and integrated system of education relevant to the needs of the people and society.”
Constitution of the Philippines 1987
Article XIV, Section 1
“The State shall protect and promote the right of all citizens to quality education at all levels.”
Common Questions
Frequently Asked Questions
Can a school in the Philippines expel a pregnant student?
No. DepEd has issued clear guidelines prohibiting expulsion or discrimination against pregnant students. A pregnant student has the right to continue and complete her education. Report violations to the DepEd Regional Office and the Commission on Human Rights.
My child was physically punished by a teacher — is corporal punishment legal?
No. RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) and DepEd Order No. 40 prohibit corporal punishment in schools. File a complaint with the school principal, the DepEd Regional Office, and the police for child abuse.
A private school expelled my child — do DepEd rules still apply?
Yes. DepEd Order No. 40 applies to both public and private schools. Private schools must also follow the disciplinary procedure set by the Commission on Higher Education (CHED) for higher education institutions. Private schools that violate DepEd rules can have their permits revoked.
The school is withholding my child's report card for non-payment of fees — is that legal?
For public schools, it is illegal to withhold report cards or certificates for any reason. For private schools, while they can restrict enrolment for non-payment, withholding final records may be challenged. DepEd has issued orders restricting this practice for learner records.
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