The Anti-Bullying Act of 2013 (RA 10627) requires all elementary and secondary schools to adopt policies to address bullying in their institutions. Bullying is defined broadly 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, directed at another student that causes physical or emotional harm, damages property, creates a hostile environment, or infringes on the rights of the other student — and it expressly includes cyberbullying (bullying done through electronic means). Schools must have clear procedures for reporting, investigating, and responding to bullying, including disciplinary measures and interventions, while protecting the confidentiality of the parties and providing support. The law focuses on prevention and school-based response rather than criminalizing the students, though serious acts may also give rise to other liabilities.
Bullying — including online — is not just a school problem; it is addressed by law. The Anti-Bullying Act obliges schools to protect students.
What the Law Requires
The Anti-Bullying Act of 2013 (RA 10627) requires all elementary and secondary schools to adopt policies to prevent and address bullying in their institutions. It puts the primary duty of response on the school.
What Counts as Bullying
Bullying is defined broadly 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), directed at another student, that:
- Causes physical or emotional harm, or damage to property;
- Places the student in reasonable fear of harm;
- Creates a hostile environment at school; or
- Infringes on the rights of the other student.
Cyberbullying Is Included
The law expressly includes cyberbullying — bullying done through electronic means, such as social media, messaging, or other technology. Online harassment of a student by another student falls within the Act.
What Schools Must Do
School anti-bullying policies must provide clear procedures for:
- Reporting bullying incidents (including a way to report anonymously and protection against retaliation);
- Investigating and responding to reports;
- Disciplinary measures and interventions for the bully; and
- Providing support and counseling for the victim,
while protecting the confidentiality of the parties, especially since minors are involved.
Focus on Prevention and School Response
The Act focuses on prevention and school-based response rather than criminalizing students. However, serious acts may also give rise to other liabilities — for example, if the conduct amounts to a crime (like grave threats or acts covered by child-protection or cybercrime laws) or civil liability for damages.
Practical Takeaways
- The Anti-Bullying Act requires schools to adopt anti-bullying policies and respond to incidents;
- Bullying is defined broadly and expressly includes cyberbullying;
- Schools must have reporting, investigation, discipline, and support procedures — and serious acts may carry additional criminal or civil liability.
Frequently Asked Questions
What does the Anti-Bullying Act require? It requires all elementary and secondary schools to adopt policies to prevent and address bullying, including clear procedures for reporting, investigating, and responding to incidents.
What counts as bullying under the law? Any severe or repeated written, verbal, electronic, or physical act directed at a student that causes physical or emotional harm, places them in fear, creates a hostile environment, or infringes on their rights.
Does the law cover cyberbullying? Yes. The Anti-Bullying Act expressly includes cyberbullying, which is bullying done through electronic means such as social media, messaging, or other technology.
Are students criminally charged under the Anti-Bullying Act? The Act focuses on prevention and school-based response rather than criminalizing students. However, serious acts may give rise to other liabilities, such as crimes under child-protection or cybercrime laws, or civil damages.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.