The Anti Bullying Act: Helping Schools Keep Your Child Safe

Every person has the right to be protected against violence and abuse, and your
children are no exception. As parents, you do all that you can to shelter and keep your
children safe from harm. But it is only a matter of time before these children grow, and
you will no longer be able to keep a watchful eye on them all day. Such is the case
when they begin to go to school. It is for this reason that the Anti Bullying Act has been
established by the Philippine Government.
Among the biggest fears of parents, and one of the reasons why many consider
home- schooling, is that their children might be bullied while within school premises.
Sadly, such cases do occur, both in the elementary and high school levels, and even in
college. As of 2013, with the implementation of the Anti Bullying Act, schools have
become better able to protect their students against acts of abuse from their peers.
What Constitutes Bullying?
Under this Anti Bullying Act, it states that bullying occurs when one or more of
the following occur as a result of verbal, physical or even electronic or online actions by
one or a group of students:
• A student fears possible physical or emotional harm, or damage to his or her property
• A student views the school as a hostile, unsafe environment
• A student’s rights have been violated
• Disruption of the learning process, and the security and order within the
school grounds
It has been made clear that bullying, in this case, goes beyond physical harm such
as punching, pushing or kicking. It also includes verbal abuse that causes emotional
or psychological turmoil to a child, or wrongly aims to taint another student’s
reputation. Cyber-bulling is also addressed by the Anti Bullying Act, and rightly so, as
most students these days have access to the internet and mobile devices.
Know Your Child’s Rights Under the Anti Bullying Act
The policies under the Anti Bullying Act clearly protects students against bullying
while on school grounds and within its perimeter. It also takes effect at school functions
or programs, whether these are within the school grounds or at an outside venue. Even
school buses and carpools are covered by the Anti Bullying Act, given that they are
owned, leased by or accredited by the school. Finally, students are also protected from
acts of bullying that result from or through technological or electronic devices owned by
the school.
Other malicious acts may also be considered as protected by the Anti Bullying Act
if they cause a student to feel that he or she is unsafe in school, and in effect, affecting
the students’ learning process. As for students who report cases of bullying, or are
witnesses to acts of bullying, they are also protected by this act, and any form of
violence or abuse directed towards them may also be sanctioned.
he Responsibility of Protecting A Student
The responsibility of the school goes beyond that of a learning facility. It must also be
able to provide a safe venue for students to learn, develop and thrive. With the Anti
Bullying Act in place, parents and students alike can now feel that the school is a place
where they can be protected as well. Students, faculty, and school staff are also
enjoined to do their part by reporting any acts of bullying that they witness or hear
about, whether physical or emotional. Taking action helps make your school a safe
place.
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Does the law impose criminal sanctions on bullies?
No. However, disciplinary actions, possibly including suspension or expulsion, could be
imposed pursuant to the rules and regulations that may be issued pursuant to the law.
The bully is also required to go through a rehabilitation program. 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.
What is bullying?
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 the other
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:
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 victim’s psyche and/or emotional well-being;
c. 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
d. Cyber-bullying or any bullying done through the use of technology or any electronic
means.
What educational institutions are covered by the Anti-Bullying Act of 2013?
The law covers all elementary and secondary schools, both public and private. Schools
are required to adopt policies to address the existence of bullying in their respective
institutions. These policies shall include a number of required provisions, including:
(a) Prohibit the following acts:
(1) Bullying on school grounds; property immediately adjacent to school grounds; at
school-sponsored or school-related activities, functions or programs whether on or off
school grounds; at school bus stops; on school buses or other vehicles owned, leased or
used by a school; or through the use of technology or an electronic device owned,
leased or used by a school;
(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 if the act or acts in question create a hostile environment at school for the
victim, infringe on the rights of the victim at school, or materially and substantially
disrupt the education process or the orderly operation of a school; and
(3) 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) 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.
Is anonymous reporting allowed?
Yes. The implementing rules must provide for a mechanism for anonymous reporting.
However, no disciplinary administrative action shall be taken against a perpetrator
solely on the basis of an anonymous report. Proper investigation must be conducted.
What if the accusation of bullying is false?
The rules to be issued pursuant to the Anti-Bulling Act of 2013 must include a provision
subjecting a student who knowingly makes a false accusation of bullying to disciplinary
administrative action.
If you’re a bully (or if you the victim of bullying), you better read this. If you’re one of
those who believe that enacting a law to fight bullies is not an effective way of teaching
children to stand on their own, better accept the fact that the Philippines now has a law
to fight bullying. On 12 September 2013, President Aquino signed Republic Act No.
10627, also known as the Anti-Bullying Act of 2013. [See also: Anti-Bullying Act of 2013
Primer]
This law characterizes bullying as 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.
Kids, particularly boys, normally engage in physical acts like pushing, shoving, kicking,
slapping, tickling and headlocks. Kids engage in school pranks. Kids tease each other.
While these acts may be fun to many, our lawmakers consider these acts (yes,
including tickling) — so long as the act is unwanted by the victim — as bullying.
We must note that the law does not use the term “kids” (and it generally use the term
“perpetrator” instead of bully). We use the term “kids” because the law only covers
elementary and secondary schools. It does not cover college students.
Bullying is not limited to the usual physical confrontation like punching and fighting.
Bullying includes any act that causes damage to a victim’s psyche and/or emotional
well-being, as well as 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. Call
someone a jologs and you’re probably in for bullying.
Because kids have access to social networks online, there’s also cyber-bullying or any
bullying done through the use of technology or any electronic means.
And the penalty? No, there’s no imprisonment provided under the Anti-Bullying Act.
Government social workers already have their hands full with children in conflict with
the law or CICL. This law does not impose any criminal penalty for bullying, but requires
schools to promulgate rules and regulations which must include disciplinary actions.
This is, of course, without prejudice to criminal liability under other laws, like physical
injuries under the Revised Penal Code.
A. Introduction
Republic Act 10627, or the Anti-Bullying Act (the “Act”), aims to protect children
enrolled in kindergarten, elementary, and secondary schools and learning centers
(collectively, “Schools”) from being bullied. It requires Schools to adopt policies to
address the existence of bullying in their respective institutions.
B. Bullying
1. What is Bullying?
Bullying, as defined under the Act, 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 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; 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
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.
Social bullying, or any deliberate, repetitive and aggressive social behavior intended to
hurt others or to belittle another individual or group.
Gender-based bullying, or any act that humiliates or excludes a person on the basis of
perceived or actual sexual orientation and gender identity.
As such, any person who commits any of the foregoing acts, is considered a
bully. Furthermore, any act of 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, is likewise prohibited.
2. Where may bullying be committed?
Bullying may happen at the following:
School grounds;
Property immediately adjacent to School grounds;
School-sponsored or School-related activities, functions or programs whether on or off
School grounds;
School bus stops;
School buses or other vehicles owned, leased or used by a School; or
School buses or School services privately-owned but accredited by the School.
Bullying may also occur at unrelated locations, functions or programs, through the use
of technology or an electronic device or other forms of media, regardless if such is
owned, leased, or used by the School.
C. School Obligations
1. What are required of Schools under the Act?
Schools are directed to adopt policies, which are to be regularly updated, to address the
existence of bullying in their respective institutions. These policies are to be reported to
the appropriate school division superintendent of the Department of Education
(“Department”) during the first week of every academic year. During this period, the
School shall also submit a report of relevant information and statistics on bullying and
retaliation culled from the previous academic year.
2. What must these policies contain?
First of all, the policies must prohibit bullying as already defined. Schools must likewise
define the range of administrative disciplinary actions that may be taken against a bully,
or a person who commits retaliation. These actions must be commensurate with the
nature and gravity of the offense committed. Such actions may include written
reprimands, community service, suspension, exclusion or expulsion, as the case may
be.In addition to any action taken against a perpetrator of bullying or retaliation must
necessarily include the requirement that the perpetrator enter into a rehabilitation
program administered by the School.
The School shall also educate parents and guardians about bullying, its effects, the anti-
bullying policies of the School, and how such parents or guardians can provide support
in imparting upon their charges the gravity of bullying, and to reinforce the policies of
the School. The School shall provide the students and their parents or guardians with
copies of these policies, which shall likewise be included in the student and employee
manual of the School.
The School shall likewise establish clear procedures and strategies for:
Reporting acts of bullying or retaliation. The School must provide an avenue wherein
students may anonymously report acts of bullying or retaliation;
Responding promptly to and investigating reports of bullying or retaliation;
Restoring a sense of safety for a victim and assessing the student’s need for protection;
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
Providing counseling or referral to appropriate services for perpetrators, victims and
appropriate family members of said students;
In all cases wherein a penalty may possibly be imposed, due process must be observed
to prevent false accusations of bullying. At a minimum, the School complies with the
requirements of due process by:
Informing the student and parent or guardian of the complaint in writing;
Giving the student, with the assistance of his parents or guardian, an opportunity to
answer the complaint in writing;
Requiring the School head to issue the decision, in writing, and stating the facts and
reasons thereof; and
Allowing an appeal for the decision with the appropriate division office of the
Department.
Any student, after due investigation, found to have knowingly made a false accusation
of bullying shall be subjected to appropriate disciplinary action or intervention in
accordance with the rules of the School or the Department.
3. Who will implement these anti-bullying policies of the School?
The School’s Child Protection Committee (“Committee”) shall serve as the body which
will handle all bullying cases in the School. The Committee shall be composed of:
the School head or administrator as chairperson;
the School guidance counselor/teacher as vice chairperson;
a representative of the Schools teachers as designated by the School faculty;
a representative of the parents as designated by the Parents-Teachers Association;
a representative of the students, except in kindergarten, as designated by the student
council; and
a representative of the community as designated by the barangay captain wherein the
school is located. The inclusion of a community representative may be dispensed with
by private Schools.
4. What are the duties of the Committee?
Under the Act, they shall perform the following:
Conduct awareness-raising programs with school stakeholders in preventing and
addressing bullying;
Ensure that the anti-bullying policy adopted by the School is implemented;
Monitor all cases or incidents related to all reported cases of bullying; and
Make the necessary referrals to appropriate agencies, offices or persons, as may be
required by the circumstances.
5. How does the School treat the information in bullying cases?
Any information relating to the identity and personal circumstances of the bully, victim,
or person who reported or witnessed the incident shall be treated with utmost
confidentiality by the Committee and the School, provided, that the names may only be
available to the School head or administrator, teacher or guidance counselor designated
by the school head, and parents or guardians of students who are or have been victims
of bullying or retaliation.
6. What happens if the School, or its personnel, fails to comply with the Act?
School personnel of public Schools shall be subject to administrative disciplinary
proceedings under the rules of the Civil Service or the Department. Erring personnel of
private Schools shall be subject to appropriate administrative disciplinary proceedings
imposed by the private School. Copies of such decisions shall be submitted by the
private School to the Department’s division office.
Private Schools which fail to comply with the Act and its IRR shall be shall be given
notice of such failure by the Department’s division office. The School shall be given
thirty (30) days within which to comply. A further extension of one (1) month may me
be granted by the Department’s Regional Director in meritorious cases. Failure to
comply with the Act or its IRR may cause the School’s suspension, or revocation of
license.
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On September 12, 2013, Republic Act No. 10627, entitled “An Act Requiring All
Elementary And Secondary Schools To Adopt Policies To Prevent And Address The Acts
Of Bullying In Their Institutions” was signed by President Aquino, officially placing
executive imprimatur on the Bill passed by the 15th Congress.
Also referred to as the “Anti-Bullying Act of 2013”, the law defines the act of bullying as
“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” that is “directed at
another student.” Furthermore, such use must have 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.”
The law includes a non-exclusive enumeration of such acts of bullying, thus:
Any unwanted physical contact between the bully and the victim like punching, pushing,
etc. 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, etc.; and
Cyber-bullying or any bullying done through the use of technology or any electronic
means.
Under the law, all elementary and secondary schools are required “to adopt policies to
address the existence of bullying in their respective institutions.” Such policies shall be
regularly updated and must include certain provisions as a minimum. One such
provision is a prohibition on bullying in both school premises and in non school-related
locations, if the act/s in question create a “hostile environment” at school for the victim,
infringe on his rights or disrupt the educational process. A provision prohibiting
retaliation against those who report bullying and through a system of anonymously
reporting bullying acts is also required.
Schools covered are mandated by the law to “identify the range of disciplinary
administrative actions that may be taken” against a bully which should be
commensurate to the gravity of his offense. Clear procedures are also mandatory 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 and assessing the student’s need for protection; (4) Protecting from bullying or
retaliation of a person who reports acts of bullying and (5) Providing counseling or
referral to appropriate services for perpetrators, victims and appropriate family
members these students.
Notably the law is confined to acts of bullying between students. Department of
Education Order No. 40, or the DepEd Child Protection Policy, however, places
administrative sanctions on teachers and school officials who humiliate, and in a sense,
bully their students. Public school teachers who fail to perform a duty under the law will
be imposed administrative sanctions, while those in private schools will be sanctioned in
accordance with their own procedures. The permits to operate of non compliant private
schools will likewise be suspended. The Department of Education is currently in the
process of drafting the Implementing Rules and Regulations of the law.
For a country known for its antiquated laws still in force, and a legislature infamous for
(among other things) passing reactive laws only after a problem’s devastating effects
are made public, the Anti-Bullying Act is a refreshingly progressive piece of legislation
finally up to date with current global trends. In the United States, for instance,
advocates of Anti-Bullying Legislation have sought to establish the detrimental effects
that bullying has on a national scale. Bullying is not a simple issue that only the child
and his family have to face; it can grow into an economic and even health care dilemma
for government. As U.S. Associate Attorney General Tony West simply puts it, “when
students are bullied, the entire nation pays the price”.
The argument’s logic is clear. A child bullied in school will exhibit long-lasting
psychological defects well into adulthood. A new study published in Psychological
Science, the flagship Journal of the prestigiousAssociation for Psychological
Science, shows that serious illness, struggling to retain a regular job, and poor social
relationships are just a few of the adverse manifestations in adulthood faced by those
exposed to bullying as a child. The study observed that these adults were more than
twice as likely to have difficulty in either keeping a job or saving their income compared
to those not exposed to bullying. Consequently, there was a higher likelihood of their
being impoverished in young adulthood. Contrary to early misconceptions, therefore,
bullying is not just harmless child’s play. It has the potential of becoming a serious
generational problem of national proportions, which fortunately is precisely what the
Anti-Bullying Act of 2013 addressed.
(The author is an Associate of the Litigation and Dispute Resolution Department of the
Angara Abello Concepcion Regala & Cruz Law Offices. He may be contacted through
email at <njmarasigan@accralaw.com> or Tel. No. [632]830-8000. The views and
opinions expressed in this article are those of the author. This article is for general
informational and educational purposes only and not offered as and does not constitute
legal advice or legal opinion).
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With the pervasiveness of bullying at schools, more and more parents are concerned
about their children’s safety since teachers are not always present to keep an eye
on students. Children are not safe from harm against bullies especially when they are
outside of the school’s premise. The growing number of bullying cases is already a
cause for alarm. The Republic Act No. 10627 or also known as the Anti Bullying Act of
2013 addresses this concern among parents, teachers and even students who are
considered victims of bullying. The anti-bullying act ensures that these cases will no
longer fall on deaf ears.
All of us, at one point in time, when we were school kids, experienced bullying from
other kids. In today’s modern world, bullying have gone to extremes, especially cyber-
bullying. There were even instances of students committing suicide because of bullying.

Republic Act 10627 prohibits bullying in schools, which were defined as: