The Anti-Bullying Act of 2013: Finally, a Law we need

Nathan J. Marasigan
March 06, 2014

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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 victims 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 students 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 problems 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 arguments 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 childs 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).