This article is for general informational and educational purposes only and not offered as and does
not constitute legal advice or legal opinion).
The anti-bullying act of 2013 is now a law, it is also known as Republic Act 10627. Whats next? 1. Publication of the law to 2 major dailies, and 15 days after that this law shall take effect. 2. Within 6 months, elementary and secondary schools are expected to come-up with their strategies, policies and procedure relative to the implementation of the anti-bullying act of 2013 3. Within 90 days, the Dep Ed is expected to come-up with IRR or implementing rules and regulations With republic act 10627, parents, guardians and members of the academe, can now collectively address the problem on bullying. Highlights Coverage: Elementary and Secondary Schools Title: Anti-Bullying Act of 2013 Who can commit: one or group of students Definition: A severe or repeated use of physical act or gesture, written or electronic expression or combination thereof resulting to: Fear, physical, emotional harm, damage to property, creation of hostile environment and infringement of rights of another student. Disruption of education process or orderly operation of the school Acts of Bullying: physical bullying social bullying verbal bullying cyber bullying What the law requires from the school: 1. Come-up with policies defining and prohibiting: Bullying inside school premises Bullying outside school premises (cyberbullying) resulting to the definition above Retaliation against person who reports bullying incidents or bullies. 1. Come up with admin procedures and disciplinary actions. 2. Rehabilitation program for the bullies. 3. Strategies and procedures for Recording and Reporting system Reporting and Investigation Filter false reports and disciplinary action for students making false reports Safety and security of students Support services such as counselling for victims Privacy students involve Education for parents and students on bullying dynamics 1. Mechanism Person accountable for the implementation: Principal or anyone w/ comparable role. Who can report incidents of bullying: member of school admin, parent, student or volunteers Who should handle bullying cases: Principal and/or person designated by the Principal Expected actions: investigate promptly take appropriate disciplinary actions report to law enforcement agency if provisions of revised penal code was satisfied notify parents or guardians of perpetrators notify parents or guardians of victims and inform of the actions that has been taken and preventive measures 1. Reporting requirements: six months after the effectivity of this law, school will inform their division superintendent, in writing, of the policies, procedures and strategies they have formulated. This shall also be a requirement before operation of new schools commence. annual reporting of schools to division superintendent on relevant statistics and data. These in turn will be summarized and reported to Dep Ed secretary. The Dep Ed secretary shall summarize these and report the same to the committee on basic education of both houses of Congress Reference: http://jlp-law.com/blog/anti-bullying-act-of-2013-republic-act-10627/
Salient Points of the IRR (Implementing Rules and Regulations) of RA 10627 (Anti- Bullying Act of 2013)
Points: 1. Coverage clarified to cover: Public and private Kindergarten Elementary Secondary Schools Learning Centers 2. Bullying includes: social bullying: belittling another individual or group gender-based bullying: bullying on the basis of perceived or actual sexual orientation or gender identity 3. Cyber-bullying includes: texting email instant messaging chatting internet social media online games 4. Learning center defined as facilities for learning programs for out-of-school youth and adults 5. Schools to have prevention program that is comprehensive, multi-faceted, and shall involve all education stakeholders and personnel. This may contain: Positive school climate/environment Periodic assessment and monitoring of bullying behaviors Periodic review of manual of conduct for both students and personnel, in relation to bullying Activities on the issue for students, personnel and service providers Personnel development Coordination with LGUs and other stakeholders Classroom initiatives Activities involving parents 6. Schools to have intervention programs to ensure continuity of policies. These may include: Activities Corrective and preventive, rather than punitive, measures 7. Intake Sheet to be accomplished by schools whenever there is an incident of bullying 8. Anti-Bullying policy may be part of the schools already established child protection policy 9. Schools to submit reports prescribed in IRR 10. Students have a duty to intervene to protect the victim, unless the same jeopardizes their safety/security 11. Students, like teachers, have a duty to report incidents of bullying 12. The Child Protection Committee (CPC) established by DepEd Order 40 shall also be the Anti- Bullying Committee 13. Composition of Committee: School Head/Admin-Chair Guidance Counselor/Teacher-Vice Chair Rep of teachers designated by faculty Rep of parents as designated by PTA Rep of students, except in kinder, as designated by student council-optional for private schools Rep from community as designated by Punong Barangay, preferably from the Barangay Council for the Protection of Children (BCPC) 14. Jurisdiction for complaints of bullying and other acts under the IRR: exclusive: DepEd or private school and not subject to barangay settlement 15. Procedures must include: Immediate responses-ANYONE who has personal knowledge must immediately call the attention of ANY school personnel School personnel once notified is expected to intervene: Stop the bullying immediately Remove students from harm and provide medical attention if needed Bring the bully to the Guidance Office or designated personnel 16. Anonymous reporting to be entertained 17. Person reporting to be afforded protection 18. Fact-finding and documentation: Designated school official to: Interview parties involved separately Assess threat level, devise intervention strategies Inform parents of both parties of the steps to be taken Make recommendations to CPC 19. CPC to determine the intervention programs for parties involved. 20. Schools may refer parties to trained professionals outside the school 21. Disciplinary measures must be according to nature, gravity of the bullying and attendant circumstances 22. Due process must be observed 23. Community service may be a form of punishment if the same is in the rules and regulations of the school 24. CPC supervises the intervention programs 25. On due process: Student and his parents to be informed IN WRITING of the complaint Student to be given the opportunity to answer with assistance of parents/guardians Decision of the school head shall be IN WRITING, stating the basis thereof School heads decision may be appealed to Division Office of DepEd 26. False accusation of bullying also to be sanctioned 27. Bullying incidents are confidential and breach thereof by school personnel is likewise sanctioned 28. All schools covered to submit a copy of their anti-bullying policy to the Division Office within 6 MONTHS FROM EFFECTIVITY OF IRR (around June this year) (IRR signed December 13, 2013) 29. Private schools who fail to comply with law and IRR will be given notice of such failure. They shall be given 30 days to comply. Max 1 month extension allowed in meritorious cases. ENDOther points a mere rehash of contents of law
Republic Act 10627 is yet to be rolled out completely and the problem of bullying and cyberbullying is getting complicated here in the Philippines After I shared the highlights of the anti-bullying act of 2013in laymans language, I received this inquiry from a school administrator: what will be the protection of school? READ SIGNED: Anti-Bullying Act of 2013- WHAT TO EXPECT Interestingly this morning, I read from a news portal aboutteachers being bullied by students. When I wrote aboutcyberbaiting, or the cyber bullying of teachers by their students, I thought cases will be rising with access to cheap smartphones. Apparently, its more than that, the title of thisnews report said it well, who will protect teachers from student bullies? READ Cyberbaiting: When Teachers Are Bullied There seems to be a growing restlessness among teachers as aired by Benjo Basas of TDC (Teachers Dignity Coalition) because of teachers limitation to discipline students per Dept. Order # 40 and the growing boldness of students to harass their teachers. The worse bullying case of a teacher, according to him, resulted to death in Caloocan City. This also confirms the feedback Im getting from some parents and guidance peeps.. that kids of this generation, are a bit bolder, and they are able to bully their teachers. While the bullying law is a step towards the right direction, new law(s) are needed to address the intertwined and complex issues of bullying and cyberbullying in the Philippines. The new anti- bullying law, among many others, requires primary and secondary schools to have: A policy against bullying (including cyber) and the corresponding administrative procedures Records Management and Reporting Mechanism Counseling services for both the victim and the bully Education campaign for both students and parents But we also need a framework thatll address the following Bullying cases in colleges and universities. Bullying cases in the work place Cyber mob akin to the experiences of Chris Lao and Jamie Paola Salvosa Cyber harassment and Cyber Stalking Students bullying their teachers and protection of teachers Likewise, while we await for the IRR being formulated by Dep Ed, here are some of the likely challenges raised by school officials who are tasked to implement the law: the responsibility to review bullying cases and file appropriate cases if it falls under the revised penal code. while most private schools have counseling services for the victim, a parallel program for the aggressor needs to be developed too. counseling services for both the aggressor and victims, for public schools
1. CP # or sim card and gradually share it to the people you trust. 2. If necessary, have a vacation from your online activities 3. File a complaint to police authorities. If you are from the Philippines, you can file an online complaint at PNP CIDG- AngelNet, go here: http://cidgangelnet.ph/main/?page_id=121 . Keep in mind that there are 2 laws that can be used for bullying cases. These are Batas Pambansa 232 and Republic Act 7610 4. Seek professional help if needed to recover from the trauma. 5. Move on.
MANILA, Philippines - Every Filipino child must be protected, Department of Education (DepEd) Secretary Bro. Armin Luistro stressed following the signing Friday by DepEd of the Implementing Rules and Regulation of Republic Act No. 10627, otherwise known as the Anti-Bullying Act of 2013. The Anti-Bullying Act is part of our child protection policy, Luistro said in his address during the signing ceremony on Dec. 13 at Bulwagan ng Katarungan DepEd Complex on Meralco Ave., Pasig City. Secretary Luistro said anti-bullying acts include cyber-bullying aside from inflicting physical harm to the child and utterance of slanderous statements or accusations which causes the victim undue emotional distress such as the use of profanities, name-calling and commenting negatively on the victims looks, clothes and body. Bullying would also include social bullying which refers to any deliberate, repetitive and aggressive social behavior intended to hurt others or belittle any individual or group and gender-based bullying that humiliates a person on the basis of their sexual orientation and gender identity. The education secretary also noted that the Philippines is one of the first countries to implement an anti-bullying act in the world. All public and private kindergarten, primary and secondary schools as well as alternative learning centers are mandated to adopt anti-bullying policies and establish intervention programs which include counseling, life skills training and other activities that will enhance the psychological, emotional and the psycho-social well-being of both the victim and the bully with the inclusion of all concerned parties such as bullies, victims, witnesses, parents, school officials as well as other persons that may be affected by the bullying incident, he said. Schools must also impose disciplinary measures as part of their child protection policy against the perpetrators depending on the gravity and nature of the cases. They may also refer the victims and bully to trained professionals outside the school such as social workers, guidance counselors, psychologists or child protection specialists for further assessment and appropriate intervention measures if necessary, Luistro said. The law also states that the provisions of Republic Act 9344, or the Juvenile Justice and Welfare Act, will apply in case bullying incidents result in serious physical injuries or death. Private schools shall be given 30 days to comply with the policy and the DepEd may suspend or revoke the permit of a school in cases of noncompliance. On the other hand, school personnel of public kindergarten, elementary or secondary schools who fail to conform to the act will be imposed sanctions in accordance with the Civil Service Rules and relevant issuances of the department, he said.
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 victims 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 victims 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.
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 victims 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 victims looks, clothes and body. Call someone a jologs and youre probably in for bullying. Because kids have access to social networks online, theres also cyber-bullying or any bullying done through the use of technology or any electronic means. And the penalty? No, theres 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. Hi Deo, it appears from the definition and the text that this law applies only to students. Of course, in the same way that students may be liable under other laws, non-students may also be liable under other laws.
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.