Anti-Bullying Act of 2013

LEARNING OBJECTIVES

At the end of this lesson, you will be able to:

1. Understand the concept of bullying and describe what acts are qualified as bullying; and
2. Determine measures to address bullying especially in the school-setting.
Bullying: What it is and what it is not?

Bullying is a global phenomenon. Its prevalence is observed across countries in the world and
the escalating number of bullying incidents has brought interests not only among educators and
legislators but also amongst researchers who made attempts on defining it.

Researches and literatures on bullying defined the concept comprehensively but what is common
among the definitions is the emphasis on these three conditions which when met qualifies the act
as bullying:
a. The action is unwanted and aggressive: The intention is hurtful in nature and the
behavior is unwanted by the victim.
b. The action can or is repeated over time: The action occurs more than once or the
person or group of individuals target the victim repeatedly.
c. An imbalance of power or strength exists: The victim feels powerless to do anything.
The figure below illustrates the three main features of bullying:

Fig 1. Three Features of Bullying

One way of further understanding the concept of bullying is to look unto what it is not.
Behaviors that do not constitute bullying include:
 mutual arguments and disagreements (where there is no power imbalance)
 not liking someone or a single act of social rejection
 one-off acts of meanness or spite
 isolated incidents of aggression, intimidation or violence.
Bullying Myths and Facts
The following provides additional input about bullying. You can check out your standing on the
activity Fact or Bluff given above through the information below:
Statements Myth or Fact?
1. Bullying is a normal part of MYTH: Getting teased, picked on, pushed around,
growing up. threatened, harassed, insulted, hurt or abused is never
normal.
2. Bullying often resolves itself MYTH: Bullying reflects an imbalance of power that
when you ignore it. happens again and again. Ignoring the bullying teaches
learners who bully that they can bully others without
consequences. Adults and other learners need to stand up
for children and young people who are bullied, and ensure
they are protected and safe.
3. Learners with disabilities are FACT: Learners with disabilities (including physical,
at greater risk of being learning, developmental, intellectual, emotional and
bullied. sensory disabilities) are at greater risk of being bullied.
4. All bullies have low self- MYTH: Many people who bully are popular and have
esteem; that’s why they pick average or better than average self-esteem. They often
on people. take pride in their aggressive behavior and control over
the people they bully. People who bully may be part of a
group that thinks bullying is okay. Some people who bully
may also have poor social skills and experience anxiety or
depression. For them, bullying can be a way to gain social
status
5. Bullying is usually something MYTH: A number of studies have shown that females
done by males. bully equally as often as males. Often, females engage in
more social bullying than males. This involves spreading
rumours, excluding someone from a group or other
harmful methods of bullying that humiliate the person
within their social group.
6. Bullying is not only a school FACT: Bullying occurs wherever people gather to live,
problem. learn, work or play. Although bullying tends to occur in
school, we know that bullying is a community problem,
not just a school problem.
7. People are born bullies. MYTH: Bullying is a learned behavior and these
behaviors can be changed.
 8. Children and young people MYTH: Adults are often unaware of bullying – in part
who are bullied will almost because many learners don’t report it. On average only a
always tell an adult. third of learners who are bullied talk to an adult about the
bullying. Targets may fear retaliation. They also may fear
that adults won’t take their concerns seriously, or will deal
with it inappropriately
9. Excluding someone from a FACT: Although the impact differs for different people, it
group or spreading rumors can may be at least as harmful to be excluded from a group or
be as harmful as physical to have rumours spread about you. Many young people
violence. report that the daily psychological abuse of this type of
bullying behavior has long-lasting effects and is worse
than physical violence.
10. It is easy to spot the signs of MYTH: It is not always easy to spot the signs of bullying
bullying. as it is not always physical and obvious. Social and verbal
bullying can often leave scars that people don’t see.
11. Bullying usually occurs when MYTH: Bullying incidents are typically public (rather
there are no other learners than private) events that have witnesses. Studies based on
around. playground observations have found that in most bullying
incidents at least 4 other learners were present. Although
9 out of 10 learners say there is bullying in their schools,
adults rarely see it even if they are looking for it.
12. Learners grow out of FACT: Some learners engage in bullying for a short time
bullying. only and then stop, either because they realise it’s wrong
or they learn more appropriate behavior. A small group of
learners continue to bully others. Unless someone
intervenes, the bullying will likely continue and, in some
cases, grow into violence and other serious problems.

Bullying and its Forms: The Anti-Bullying Act of 2013

The schools are often regarded as the learners’ second home and as such, are expected to
promote child protection and safeguard the safety of its child-learners. Educational institutions
are enjoined to adopt and implement policies intended to prevent and address bullying in the
school setting. It is their primary responsibility to do much in terms of the intervention if not the
total prevention of the occurrences of bullying. These mandates are stipulated in Republic Act
No. 10627 or the Anti-Bullying Act of 2013 which was signed into law by President Benigno
Aquino III on September 12, 2013.

This Act laid the legal framework about the acts that constitute bullying, the different forms of
bullying punishable by law, the legal remedies that could be availed to by parents or the child
victim of the bullying, the expected duties and responsibilities of education stakeholders in the
adoption of policies and mechanisms in handling bullying cases, etc.

Section 3b – b.1 of the Implementing Rules and Regulations (IRR) of R.A. No. 10627 specifies
that “Bullying” refers to any severe, or repeated use by one or more learners 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 another 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;

4. “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 as defined in DepED Order No. 40, s.
2012; and

5. Any other form of bullying as may be provided in the school’s child protection or
anti-bullying policy, consistent with the Act and this IRR.

b1. The term “bullying” shall also include:

1. “Social bullying” – refers to any deliberate, repetitive and aggressive social behavior
intended to hurt others or to belittle another individual or group.

2. “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 (SOGI).

Prohibited Acts under the Anti-Bullying Act

Provided in Section 5 of the IRR of R.A. No. 10627 are the different prohibited acts which reads,
“Consistent with Section 3 of the Act, the anti-bullying policy shall prohibit:
1. Bullying at the following:
a. school grounds;
b. property immediately adjacent to school grounds;
c. school-sponsored or school-related activities, functions or programs whether on or off
school grounds;
d. school bus stops;
e. school buses or other vehicles owned, leased or used by a school;
f. school buses or school services privately-owned but accredited by the school.
2. Bullying through the use of technology or an electronic device or other forms of media
owned, leased or used by a school.
3. 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 that is not owned, leased or
used by a school; and
4. 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.

Duty of Schools to Prevent or Address Bullying

The Anti-Bullying Act requires all elementary and secondary schools to adopt policies to address
the existence of bullying. Copies of the anti-bullying policies must be provided to learners and
their parents or guardians. Moreover, schools are mandated to form a Child Protection
Committee (CPC), which shall also serve as the Anti-Bullying Committee. The CPC is
responsible for implementing the school’s anti-bullying policies and monitoring cases of
bullying.

These policies must prescribe commensurate disciplinary penalties for various acts of bullying.
The policies should also contain a clear procedure for reporting and investigating bullying
incidents, including a mechanism for anonymous reporting as well as the protection of the person
who reported the bullying. The law also mandates the inclusion of rehabilitation program for the
perpetrator and counseling for the victims and his family. To ensure that only real bullying
incidents are investigated, the policies must include as well disciplinary penalty for knowingly
making a false accusation of bullying.

Failure to comply with these requirements will subject the school and its personnel to
administrative sanctions. For public schools, the concerned personnel will be dealt with
administratively under pertinent civil service rules. For private schools, failure to comply is a
ground for suspension or revocation of the permit or recognition of the school.

Aside from these administrative liabilities, the schools, their administrators, and teachers may
also be held liable for civil damages. Under Article 218 of the Family Code, schools, their
administrators, and teachers exercise special parental authority over their minor learners. As
such, any tort committed by their minor learners, including bullying, may be attributed to them if
by their negligence, they fail to prevent the same.