San Beda College Alabang School of Law

Republic Act No. 10627 Anti- Bullying Act of 2013

Agrarian Law and Social Legislation Written Report

Submitted to: Dean Ulpiano P. Sarmiento III

Submitted by:

Deanna O. Roldan 2013400011

2-A

1st Semester, AY 2014- 2015

 

 

THE ANTI- BULLYING ACT OF 2013

Bullying

Under Section 2 of Republic Act No. 10627 (RA No. 10627), bullying is defined 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; such as, but not limited to, the following:”

1. “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;”

2. “Any act that causes damage to a victim’s psyche and/or emotional well-being:”

3. “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”

4. “Cyber- bullying or any bullying done through the use of technology or any electronic

measure”

However, the term “bullying” shall also include: social bullying and gender-based

bullying, as provided for in the Implementing Rules and Regulations of the Anti- Bullying Act of

2013 (IRR). Social bullying refers to any deliberate, repetitive and aggressive social behavior

intended to hurt others or to belittle another individual or group while 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.

Who are covered?

From the title of RA No 10627, “An Act Requiring All Elementary and Secondary

Schools to Adopt Policies to Prevent and Address the Acts of Bullying in their Institutions” it

can be deduced that the educational institutions – particularly all public and private elementary

and secondary schools are required to adopt policies to prevent and address bullying. Under the

 

 

IRR, all public and private kindergarten is also required to adopt policies and address bullying in

their institutions.

Obligations of the Educational Institutions

As provided by Section 3 of RA No. 10627, all elementary and secondary schools are

directed to adopt policies to address the existence of bullying in their respective institutions, in

which such policies shall be updated regularly and, at a minimum, shall include provisions on

prohibited acts, prevention and intervention programs, mechanisms and procedures.

All elementary and secondary schools are also required to provide students and their

parents or guardians a copy of the anti- bullying policies being adopted by the school. It is

further required that such policies be included in the school’s student and/ or employee handbook

and shall be conspicuously posted on the school walls and website, if any.

What is to be included in the policies?

The policies to prevent and address the acts of bullying should include the following:

1. The prohibited acts, which shall include:

• Bullying on 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 vehicles owned, leased or

used by a school; school buses or school services privately-owned but accredited

by the school; or through the use of technology or an electronic device or other

forms of media owned, leased or used by school.

• Bullying at a location, activity, function or program that is not school related and

through the use of technology or an electronic device or other forms of media

owned, leased or used by school; retaliation against the person who reports

bullying, provides information or a witness to bullying.

2. Identify the range of disciplinary administrative actions that may be taken against a

perpetrator for bullying or retaliation

3. Establish clear procedures and strategies for:

• Reporting acts of bullying or retaliation

 

 

• Responding promptly to and investigating reports of bullying and retaliation

• Restoring a sense of safety for a victim and assessing a student’s need for

protection

• Protecting form bullying or retaliation a person who reports acts of bullying

• Providing counsel or referral to appropriate services

4. Enable students to anonymously report bullying or retaliation

5. Subject a student who knowingly makes a false accusation of bullying to disciplinary

administrative action

6. Educate students on the dynamics of bullying, the anti- bullying policies of the school

and mechanisms of the school for anonymous reporting of acts of bullying or retaliation

7. Educate parents and guardians on the dynamics of bullying, the anti- bullying policies of

the school and how they can provide support and reinforce such policies at home; and

8. Maintain a public record of relevant information and statistics on acts of bullying or

retaliation in school

Mechanisms to Address Bullying

The school principal or any person who holds a comparable role shall be responsible for

the implementation and oversight of policies intended to address bullying. There are three steps

to address bullying: 1) reporting - any member of the school administration, student, parent or

volunteer shall immediately report any instance of bullying or act of retaliation witnessed, or that

has come to one’s attention, to the school principal or school officer or person so designated by

the principal to handle such issues or both; 2) investigation – upon receipt of such report, the

school principal or the designated school officer or person shall promptly investigate; and 3)

taking action – if it is determined that bullying or retaliation has occurred, the school principal or

the designated school officer or person shall:

a) Notify the law enforcement agency if the school principal or designee believes that

criminal charges under the Revised Penal Code may be pursued against the perpetrator;

b) Take appropriate disciplinary administrative action;

c) Notify the parents or guardians of the perpetrator; and

d) Notify the parents or guardians of the victim regarding the action taken to prevent any

further acts of bullying or retaliation.

 

 

If the incident involves students from more than one school, the school first informed of the

bullying or retaliation shall promptly notify the appropriate administrator of the other school so

that both may take appropriate action.

Reporting Requirement

Under Section 5 of RA No. 10627, All schools shall inform their respective school

division superintendent in writing about the anti- bullying policies formulated within six months

from effectivity of RA No. 10627, wherein such notification shall likewise be an administrative

requirement prior to the operation of new schools.

Beginning with the school year after effectivity of the Act, and every first week of the

start of the school year thereafter, schools shall submit a report to their respective schools

division superintendents all relevant information and statistics on acts of bullying or retaliation.

Sanction for Non-compliance

In the event that a public school will not be able to comply with the requirement the

school administrators who shall fail to comply will be subject to administrative disciplinary

proceedings. If a private school will not be able to comply, the school personnel who failed to

comply shall be subject to appropriate disciplinary sanctions as may be imposed by the private

schools, and private schools that fail to comply with the requirements of the Act or the IRR shall

be given notice of such failure by the Department of Education Division Office. The school shall

be given thirty days to comply with an extension of not more than one month may be granted in

meritorious cases. In addition, private schools may likewise suffer the penalty of suspension or

revocation, as appropriate, of their recognition or permit to operate.

What is the effect of false accusation of bullying?

If after the investigation it was discovered that there a knowingly false accusation of

bullying was made, the student who reported shall be subjected to disciplinary actions or to

appropriate interventions.

 

 

Anonymous Reporting

Anonymous reporting of bullying or retaliation is allowed and no disciplinary

administrative action shall be taken against the perpetrator solely on the basis of an anonymous

report.

Confidentiality

Any information relating to the identity and personal circumstances of the bully, victim

or bystander shall be treated with utmost confidentiality and only made available to the school

administration, teachers directly responsible for the said students and parents or guardians of

students who are or have been victims of acts of bullying or retaliation.

Sanctions against Perpetrator for Bullying

If after investigation it was discovered that the student is responsible for bullying or

retaliation, disciplinary administrative sanctions commensurate with the nature and gravity of the

offense may be taken against him. In addition, he/she shall also be required to undergo a

rehabilitation program that shall be administered by the institution involved, and the parents of

the perpetrator shall be encouraged to join the rehabilitation program.