Expanding the Coverage of Anti- Bullying Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 MUL 10 P6:22 SENATE S. No. 441 Introduced by Senator Raffy T. Tulfo AN ACT EXPANDING THE COVERAGE OF REPUBLIC ACT NO. 10627, OTHERWISE KNOWN AS THE ANTI-BULLYING ACT OF 2013 AND FOR OTHER PURPOSES EXPLANATORY NOTE The 2019 Program for International Student Assessment (PISA) report provides that about 65% of Filipino students reported experiencing some form of bullying at least a few times each month, while 40% said they were bullied more frequently, around once a week or more. In the 2022 PISA, the figures remained alarming, with one (1) in every three (3) Filipino students experiencing bullying in school. For some, acts of bullying may seem like playful mischief among children, but under the law, it is defined as any severe or repeated use by one or more persons of a written, verbal, or electronic expression, a physical act or gesture, or any combination thereof, directed at another person, that causes or places the victim in reasonable fear of physical or emotional harm, damage to their property, or creates a hostile environment. The 1987 Constitution affirms the State's commitment to uphold the dignity and rights of every individual, especially children and the youth. Article II, Section 11, provides that "The State values the dignity of every human person and guarantees full respect for human rights." Further, Article II, Section 13 emphasizes that "The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being." Aligned with these provisions, Article XV, Section 3(2) declares that "The right of children to assistance, including proper care

and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development." The UNICEF states that early childhood, encompassing the years from birth to age eight (8), is a crucial phase for cognitive, social, emotional, and physical development. At this age, a child's brain is quickly developing and can easily be shaped by their surroundings and experiences. Taking advantage of these prime years by providing opportunities for children to understand and grasp the effects and consequences of bullying can help make schools safer spaces for learning and for building meaningful connections among students. Accordingly, this bill aims to integrate Anti-Bullying education into the school curriculum to reduce the incidence of bullying in schools by shaping young minds early, and to strengthen existing laws by enhancing prevention, monitoring, and the establishment of clear and anonymous reporting channels free from the threat of retaliation. The purpose of this bill is to raise awareness on how students can seek help when they feel defenseless and to protect the youth from the harmful effects of bullying. In view of the foregoing, immediate approval of this bill is earnestly sought. RAFFET. TULFO MY

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 10 P6:22 SENATE --.- S. No._441 Introduced by Senator Raffy T. Tulfo AN ACT EXPANDING THE COVERAGE OF REPUBLIC ACT NO. 10627, OTHERWISE KNOWN AS THE ANTI-BULLYING ACT OF 2013 AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress Assembled:

Section. 1. Section 2 of Republic Act No. 10627, otherwise known as the "Anti-

Bullying Act of 2013" is hereby amended as follows: "Sec. 2. Acts of Bullying. - For purposes of this Act, "bullying" shall refer 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 victim's 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 victim's looks, clothes and body; [and] [e. Cyber bullying or any bullying done through the use of technology or any electronic means.] D. ANY DELIBERATE, REPETITIVE, AND AGGRESSIVE SOCIAL BEHAVIOR INTENDED TO HURT OR BELITTLE ANOTHER INDIVIDUAL OR GROUP; AND E. ANY ACT THAT HUMILIATES OR EXCLUDES A PERSON ON THE BASIS OF PERCEIVED OR ACTUAL SEXUAL ORIENTATION AND GENDER IDENTITY."

Sec. 2. A new Section 3 is hereby inserted after Section 2 of Republic Act No.

10627, otherwise known as the "Anti-Bullying Act of 2013" and the subsequent sections shall be renumbered accordingly: "SEC. 3. CYBER-BULLYING. - CYBER-BULLYING IS ANY CONDUCT DEFINED IN SECTION 2 OF THIS ACT WHICH ARE MADE THROUGH THE USE OF OTHER FORMS OF TECHNOLOGY OR ELECTRONIC DEVICES SUCH AS, BUT ARE NOT LIMITED TO TEXTING, INSTANT MESSAGING, CHATTING, INTERNET, SOCIAL NETWORKING WEBSITES, ONLINE GAMES, OR OTHER PLATFORMS OR FORMATS. FOR PURPOSES OF THIS ACT, THE PHRASE "ACTS OF BULLYING" SHALL INCLUDE THE ACTS ENUMERATED UNDER SECTION 2 AND CYBER-BULLYING AS DEFINED UNDER THIS SECTION."

Sec. 3. Section 3 of Republic Act No. 10627, otherwise known as the "Anti-Bullying

Act of 2013" is hereby amended as follows: "SEC. [3] 4. Adoption of Anti-Bullying Policies. - All elementary and secondary schools are hereby directed to adopt policies to address the existence of bullying in their respective institutions.

XXX (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: Provided, THE DEPARTMENT OF EDUCATION (DEPED) SHALL ISSUE AND PERIODICALLY UPDATE COMPREHENSIVE GUIDELINES ON THE IMPOSITION OF APPROPRIATE SANCTIONS AND THE IMPLEMENTATION OF CORRESPONDING REHABILITATION AND INTERVENTION PROGRAMS FOR PERPETRATORS OF BULLYING OR RETALIATION. PROVIDED FURTHER, Thatl;] in addition to the disciplinary sanctions imposed upon a perpetrator of bullying or retaliation, he/she shall also be required to undergo a rehabilitation AND INTERVENTION programS which shall be administered by the institution concerned. The parents of the said perpetrator shall be encouraged by the said institution to join the rehabilitation AND INTERVENTION programS; XXX (d) Enable students to anonymously report bullying or retaliation: Provided, however, That no disciplinary administrative action shall be taken against a perpetrator solely on the basis of an anonymous report. PROVIDED FURTHER, THAT ANY ANONYMOUS REPORT RECEIVED SHALL PROMPT THE SCHOOL TO INITIATE APPROPRIATE PREVENTIVE MEASURES AND MONITORING TO ENSURE THE SAFETY AND WELL- BEING OF ALL STUDENTS; XXX

TO ENSURE THAT THESE PRINCIPLES ARE EMBEDDED DURING THE FORMATIVE YEARS OF A STUDENT, ALL ELEMENTARY AND SECONDARY SCHOOLS SHALL INTEGRATE EFFECTIVE AND AGE- APPROPRIATE ANTI-BULLYING EDUCATION INTO THE COVERAGE OF GOOD MANNERS AND RIGHT CONDUCT (GMRC) AND VALUES EDUCATION UNDER THE K TO 12 BASIC EDUCATION CURRICULUM. All elementary and secondary schools shall provide students and their parents or guardians a copy of the anti-bullying policies [being], WHICH SHALL BE CONSISTENT WITH AND IN ACCORDANCE WITH THE ANTI- BULLYING EDUCATION adopted by the school IN ITS CURRICULUM. Such policies shall likewise be included in the school's student and/or employee handbook and shall be conspicuously posted on the school walls and website, if there is any. The [Department of Education (DepED)] DEPED shall include in its training programs, courses or activities which shall provide opportunities for school administrators, teachers and other employees to develop their knowledge and skills in preventing or responding to any bullying act."

Sec. 4. Section 4 of Republic Act No. 10627, otherwise known as the "Anti-Bullying

Act of 2013" is hereby amended as follows: "SEC. [4] 5. 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. XXX If an incident of bullying or retaliation 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. IN ADDITION TO THESE SCHOOL-BASED REPORTING MECHANISMS, THE DEPED SHALL LIKEWISE MAINTAIN AND PROMOTE A SAFE, CONFIDENTIAL, AND ACCESSIBLE REPORTING CHANNEL FOR ANY PERSON WHO IS A VICTIM OF BULLYING OR RETALIATION, A WITNESS TO, OR HAS RELIABLE INFORMATION ABOUT BULLYING OR RETALIATION BUT IS UNWILLING OR UNABLE TO REPORT THROUGH SCHOOL-BASED REPORTING MECHANISMS: PROVIDED, THAT ALL REPORTS RECEIVED THROUGH THIS CHANNEL SHALL BE PROMPTLY REFERRED TO THE RESPECTIVE SCHOOLS FOR APPROPRIATE ACTION AND MONITORING. THE DETAILS OF THE REPORTING CHANNELS SHALL BE CONSPICUOUSLY POSTED ON THE SCHOOL WALLS AND WEBSITE, IF ANY."

Sec. 5. A new Section 6 is hereby inserted after the renumbered Section 5 of

Republic Act No. 10627, otherwise known as the "Anti-Bullying Act of 2013" and the subsequent sections shall be renumbered accordingly: "SEC. 6. CREATION OF AN INVESTIGATIVE CHILD PROTECTION COMMITTEE. - AN INVESTIGATIVE CHILD PROTECTION COMMITTEE SHALL BE ESTABLISHED IN EVERY SCHOOL TO HANDLE BULLYING CASES. THE COMMITTEE SHALL BE COMPOSED OF THE FOLLOWING MEMBERS: 1. THE SCHOOL HEAD OR ADMINISTRATOR 2. THE GUIDANCE COUNSELOR OR DESIGNATED TEACHER 3. A REPRESENTATIVE OF THE TEACHERS, AS DESIGNATED BY THE FACULTY

4. A REPRESENTATIVE OF THE PARENTS, AS DESIGNATED BY THE PARENTS-TEACHERS ASSOCIATION 5. A REPRESENTATIVE OF THE STUDENTS, EXCEPT IN KINDERGARTEN, AS DESIGNATED BY THE SUPREME STUDENT COUNCIL 6. A REPRESENTATIVE FROM THE COMMUNITY, AS DESIGNATED BY THE PUNONG BARANGAY, PREFERABLY A MEMBER OF THE BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN. FOR PRIVATE SCHOOLS, THIS COMMUNITY REPRESENTATIVE SHALL BE OPTIONAL. THE COMMITTEE SHALL BE RESPONSIBLE FOR CONDUCTING INVESTIGATIONS, PERFORMING FACT-FINDING, RESOLVING CASES OF BULLYING, AND RECOMMENDING APPROPRIATE DISCIPLINARY ACTIONS FOR THE PERPETRATOR. THE COMMITTEE SHALL LIKEWISE ASSESS THE LEVEL OF THREAT INVOLVED AND ADOPT APPROPRIATE REHABILITATION AND INTERVENTION PROGRAMS."

Sec. 6. A new Section 7 is hereby inserted after the new Section 6 of Republic Act

No. 10627, otherwise known as the "Anti-Bullying Act of 2013" and the subsequent sections shall be renumbered accordingly: "SEC. 7. PREVENTIVE SUSPENSION - DURING THE INVESTIGATION PERIOD, THE ALLEGED PERPETRATOR OF BULLYING OR RETALIATION SHALL BE PLACED UNDER PREVENTIVE SUSPENSION AND SHALL BE TEMPORARILY BARRED FROM ATTENDING CLASSES. THIS SHALL BE WITHOUT PREJUDICE TO PROVIDING REASONABLE ACCOMMODATIONS THAT WILL ENABLE THE STUDENT TO CATCH UP ON ANY MISSED ACADEMIC REQUIREMENTS UPON THE CONCLUSION OF THE INVESTIGATION OR UPON THE RESOLUTION AND RECOMMENDATION OF APPROPRIATE ACTIONS BY THE INVESTIGATIVE CHILD PROTECTION COMMITTEE."

Sec. 7. A new Section 8 is hereby inserted after the new Section 7 of Republic Act

No. 10627, otherwise known as the "Anti-Bullying Act of 2013" and the subsequent sections shall be renumbered accordingly: "SEC. 8. INSTALLATION OF CCTV CAMERAS IN CLASSROOMS FOR BULLYING PREVENTION. - ALL ELEMENTARY AND SECONDARY SCHOOLS SHALL INSTALL CLOSED-CIRCUIT TELEVISION (CCTV) CAMERAS IN CLASSROOMS TO ENHANCE THE MONITORING AND ENFORCEMENT OF ANTI-BULLYING MEASURES, SUBJECT TO THE GUIDELINES ISSUED BY THE DEPED AND IN COORDINATION WITH THE NATIONAL PRIVACY COMMISSION (NPC), THE RECORDINGS FROM THE CCTV FOOTAGE SHALL BE USED SOLELY FOR THE INVESTIGATION OF BULLYING INCIDENTS AND OTHER MATTERS CONCERNING THE SAFETY AND WELFARE OF STUDENTS."

Sec. 8. Section 5 of Republic Act No. 10627, otherwise known as the "Anti-Bullying

Act of 2013" is hereby amended as follows: "SEC. [5] 9. Reporting Requirement. - All schools shall inform their respective schools division superintendents in writing about the anti-bullying policies formulated within six (6) months from the effectivity of this Act. Such notification shall likewise be an administrative requirement prior to the operation of new schools. Beginning with the school year after the effectivity of this 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, INCLUDING ACTIONS TAKEN, IMPLEMENTATION OF REHABILITATION AND INTERVENTION PROGRAMS, and statistics on acts of bullying or retaliation. The schools division superintendents shall compile these data and report the same to the Secretary of the DepED who shall likewise formally transmit a comprehensive report to the Committee on Basic Education of both the House of Representatives and the Senate."

Sec. 9. A new Section 11 is hereby inserted after the renumbered Section 10 of

Republic Act No. 10627, otherwise known as the "Anti-Bullying Act of 2013" and the subsequent sections shall be renumbered accordingly: "SEC. 11. LIABILITY OF PARENTS OR GUARDIANS. - PARENTS, GUARDIANS, OR ANY PERSON EXERCISING PARENTAL AUTHORITY SHALL BE CIVILLY LIABLE FOR THE INJURIES AND DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF A CHILD UNDER THEIR PARENTAL AUTHORITY AND LIVING IN THEIR COMPANY, WHEN SUCH CHILD IS FOUND TO HAVE COMMITTED ACTS OF BULLYING OR RETALIATION, IN ACCORDANCE WITH ARTICLE 2180 OF THE CIVIL CODE."

Sec. 10. A new Section 12 is hereby inserted after the new Section 11 of Republic

Act No. 10627, otherwise known as the "Anti-Bullying Act of 2013" and the subsequent sections shall be renumbered accordingly: "SEC. 12. APPLICABILITY OF REPUBLIC ACT NO. 9344 - IF THE BULLYING INCIDENT OR ACT OF RETALIATION RESULTS IN SERIOUS PHYSICAL INJURIES OR DEATH, THE CASE SHALL BE HANDLED IN ACCORDANCE WITH THE PROVISIONS OF REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006," AS AMENDED, AS MAY BE WARRANTED BY THE CIRCUMSTANCES SURROUNDING THE INCIDENT."

Sec. 11. A new Section 13 is hereby inserted after the new Section 12 of Republic

Act No. 10627, otherwise known as the "Anti-Bullying Act of 2013" and the subsequent sections shall be renumbered accordingly: "SEC. 13. OTHER OFFENSES PUNISHABLE BY LAW. - THIS ACT SHALL BE WITHOUT PREJUDICE TO OTHER CRIMINAL, CIVIL, OR ADMINISTRATIVE REMEDIES PROVIDED BY LAW AND SHALL NOT PREVENT THE VICTIMS FROM AVAILING OF THE SAME INDEPENDENT OF THE REMEDIES PROVIDED FOR IN THIS ACT."

Sec. 12. Appropriations. - The amounts necessary for the implementation of this

Act shall be charged against the current year available appropriations of the Department of Education the amount necessary for its continuous (DepED). Thereafter, implementation shall be included in the annual general appropriations.

Sec. 13. Implementing Rules and Regulations. - DepED shall promulgate the

necessary rules and regulations to implement the provisions of this Act.

Sec. 14. Separability Clause. - If any provision or part hereof is declared invalid or

unconstitutional, the remainder of this Act or any provision not affected shall remain in full force and effect.

Sec. 15. Repealing Clause. - All provisions of laws, orders, decrees, including rules

and regulations inconsistent herewith are hereby repealed, amended, and/or modified accordingly.

Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in two (2) newspapers of general circulation in the Philippines. Approved,