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.

What is bullying?

Bullying refers to any repeated or severe use by one or more students of a verbal, electronic or written expression,
or a physical gesture or act that can bring physical or emotional harm to the victim. Bullying is also perceived as
creating an unfriendly environment for the other student that can cause disruption in the education process.

The following is considered acts of bullying:

a. Any unwanted physical contact between the victim and the bully such as pushing, shoving punching, tickling,
headlocks, slapping, teasing, fighting, inflicting school pranks and the use of available objects or weapons;

b. Any act that can create damage to a victim’s emotional well-being;

c. Any accusation that can make the victim emotionally distressed such as profanity, foul language, negative
comments or derogatory remarks on the victim’s appearance, body and clothes; and

d. Cyber-bullying or any type of bullying that is initiated with the use of technology or any electronic means.

Procedures and strategies for bullying:

• Report acts of bullying;

• Respond in a timely manner and investigate reports of bullying;

• Ensure victim’s safety and assess if they need additional protection;

• Provide counseling and other necessary services for the victims, perpetrators and family members.

• Allow students to anonymously report bullying provided, that no disciplinary administrative action will be taken
against the reported student based solely on the anonymous report;

• Provide sanction to a student who makes false accusation of bullying;

• Educate students on the anti-bullying policies and dynamics of bullying;

• Educate parents and guardians about the anti-bullying polices, dynamics of bullying and how parents and
guardians can provide support and reinforce policies at home; and

• Keep a public record of statistics and relevant information on acts of bullying. However, the names of the
students who were reported to have committed the acts of bullying must be treated with confidentiality and will
only be made available to the teachers and school administration that are directly responsible for the said students

and parents or guardians of the victims of bullying.

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 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 prestigious Association 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.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 prestigious Association 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).