Pertinent Laws and jurisprudence Re: Corporal Punishment and Bullying in

Schools
CIVIL CODE
Art. 352. The relations between teacher and pupil, professor and student are fixed
by government regulations and those of each school or institution. In no case shall
corporal punishment be countenanced. The teacher or professor shall cultivate
the best potentialities of the heart and mind of the pupil or student. (New Civil
Code)
CODE OF ETHICS FOR PROFESSIONAL TEACHERS1
Section 2. This Code covers all public and private school teachers in all
educational institutions at the preschool, primary, elementary, and secondary
levels whether academic, vocational, special, technical, or non-formal. The term
teacher shall include industrial arts or vocational teachers and all other persons
performing supervisory and /or administrative functions in all school at the aforesaid
levels, whether on full time or part-time basis (Section 1 , Article 1)
Section 8. A teacher shall not inflict corporal punishment on offending
learners nor make deductions from their scholastic ratings as a punishment for
acts which are clearly not a manifestation of poor scholarship. (Sec. 8 Article 8,
Code of Ethics for Professional Teachers)
SALIENT POINTS OF THE ANTI BULLYING LAW
What is Bullying?
It is any act 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.
Specific Acts of Bullying
a. 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;
b. Any act that causes damage to a victims psyche and/or emotional wellbeing;
c. Any slanderous statement or accusation that causes the victim undue
emotional distress like directing foul language or profanity at the target, namecalling, tormenting and commenting negatively on victims looks, clothes and body;
and
d. Cyber-bullying or any bullying done through the use of technology or any
electronic means.
Criminal Sanctions for Bullies
The law imposes none. The school authorities must, however, impose disciplinary
actions, such as suspension or expulsion. 2 The bully is also required to go through a
1 Created pursuant to R.A. 7836 (Philippine Professionalization Act of 1994),
by the Board for Professional Teachers
2 Section 4 (b)

rehabilitation program.3 The principal or responsible officer may also notify the
police or other law enforcement agencies if he/she believes that criminal charges
under the Revised Penal Code may be pursued against the bully. 4
Obligations imposed upon Primary and Secondary Schools
Primary and Secondary Schools are obliged to adopt Anti-Bullying Policies:
(a)

Prohibit Bullying within or outside school grounds, its immediate vicinity and
during school sponsored programs; as well as bullying through the use of
technology.
Prohibit Retaliation against a person who reports bullying, who provides information
during an investigation of bullying, or who is a witness to or has reliable information
about bullying;

(b)
(c)

Identify the range of disciplinary administrative actions

Require perpetrators of bullying or retaliation to undergo a rehabilitation
program
(d)
Establish clear procedures and strategies for
a.
Reporting bullying
b.
Responding promptly to bullying
c.
Counseling of victims and perpetrators of bullying
d.
Restoring a sense of safety for a victim
e.
Protect a person who are person who witness to or has reliable information
about an act of bullying
(e)

Enable students to anonymously report bullying or retaliation: Provided,

however, That no disciplinary administrative action shall be taken against a
perpetrator solely on the basis of an anonymous report;
(f)
Subject a student who knowingly makes a false accusation of bullying to
disciplinary administrative action;

3 Section 3 (b)
4 Section 4 (a)